Accidents & Injuries in Hawaii

Hawaii Revised Statutes Section 657-7 provides a two-year statute of limitations for personal injury claims from the date of injury. For claims against the State of Hawaii, HRS 662-4 also provides a two-year period, but specific procedural notice requirements must be followed. Claims involving county governments may have additional requirements.

Yes. Hawaii requires mandatory personal injury protection (PIP) coverage under HRS 431:10C-304. After an auto accident, your PIP covers your medical expenses and lost wages regardless of who caused the accident. To sue the at-fault driver for pain and suffering or economic losses beyond PIP, your injuries generally must meet the serious injury threshold.

Under Hawaii's no-fault system, you may pursue a tort claim against the at-fault driver if your medical expenses exceed $5,000 or if you suffered significant permanent injury, death, or other qualifying serious harm. Minor injuries covered by mandatory PIP generally cannot form the basis of an additional tort claim.

Under HRS 663-31, Hawaii applies modified comparative fault with a 51% bar. If you are 50% or less at fault, your recovery is reduced proportionally. If you are found 51% or more at fault, you are barred from recovering any damages from the other party.