Hawaii Car Accident Laws

The deadline for filing a car accident lawsuit in Hawaii courts, the state's comparative negligence law, and rules for reporting a car accident in Hawaii.

If you've been injured or had your vehicle damaged after any kind of traffic accident in Hawaii, now is probably a good time to understand your legal options. In this article, we'll discuss a number of state laws that could have a big impact on any car accident claim you decide to make in Hawaii, and we'll look at the legal obligations of drivers when it comes to reporting a crash.

(Important note on no-fault: Hawaii is a no-fault car insurance state. That means, after a car accident, you typically need to file a claim under your own personal injury protection coverage to get compensation for medical bills and other financial losses, regardless of who caused the crash. Only if your injury claim meets certain prerequisites can you step outside of no-fault and bring a claim directly against the at-fault driver. The discussion in the following sections presumes that you're able to do that. For details on Hawaii's no-fault rules, skip to the last section of this article.)

The Hawaii Car Accident Statute of Limitations



Hawaii Revised Statutes section 657-7 sets the filing deadline for almost all lawsuits arising from a car accident. This statute says: "Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued, and not after."

Let's put this law in the context of a vehicle accident: If anyone was hurt in the crash -- whether a driver, passenger, motorcycle rider, bicyclist, or pedestrian -- or had their vehicle or other personal property damaged, they must get their lawsuit filed against any potential defendant within two years. The same goes for anyone looking to file a lawsuit over damage to (or total loss of) a vehicle. For these lawsuits over car accident injuries or damage to a vehicle or other property, the two-year "clock" starts running on the date of the accident.

If someone died as a result of the car accident, and their family member or a representative of the estate wants to file a wrongful death claim, the same two-year deadline applies, but the “clock” starts running on the day of the accident victim’s death, which could be later than the date of the accident itself.

It’s crucial to understand and abide by the statute of limitations as it applies to your situation. That’s because if you try to file your lawsuit after the statute of limitations deadline has already passed, the defendant is sure to ask the court to dismiss the case, and the court is very likely to agree that a dismissal is appropriate.


Comparative Negligence in Hawaii Car Accident Cases


Under Hawaii Revised Statutes section 663-31, the state follows a modified "comparative negligence" rule. This means you can still recover damages in a car-accident-related lawsuit, but your award will be reduced according to your share of negligence -- as long as your share of liability is not greater than that of others. In other words, you can't be more than 50 percent responsible when compared with other parties in the case. If you are, you can't receive any compensation in court.



Reporting a Car Accident in Hawaii

Hawaii Revised Statutes section 291C-16 says that, after a car accident, the driver of any vehicle involved must report the crash "immediately by the quickest means of communication" (i.e. via cell phone call) if it:

  • resulted in injury to, or death of, any person (such as a driver, passenger, or pedestrian) or
  • resulted in total property damage to an apparent extent of $3,000 or more.

Hawaii's No-Fault Car Insurance Rules


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