Hawaii Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Hawaii injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Hawaii
- Deadline to sue for an injury
- A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued. Haw. Rev. Stat. § 657-7
- Fault rule (comparative negligence)
- Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. Haw. Rev. Stat. § 663-31
- Wrongful death deadline
- A wrongful death lawsuit must be filed within two years from the date of death, except as otherwise provided by law. Haw. Rev. Stat. § 663-3
- Minimum car insurance
- Hawaii is a no-fault state. Policies must include liability coverage of at least $40,000 per person and $80,000 per accident for injury, and $20,000 for property damage (40/80/20), plus personal injury protection (PIP) benefits with a $10,000 per-person aggregate limit. Haw. Rev. Stat. §§ 431:10C-301, 431:10C-103.5, 431:10C-306
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued. Source: Haw. Rev. Stat. § 657-7 |
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| Deadline to sue for property damage | A lawsuit for damage or injury to property must be filed within two years after the cause of action accrued. Court annotations to this section indicate it does not apply to an action for taking and converting personal property. Source: Haw. Rev. Stat. § 657-7 |
| Medical malpractice deadline | A claim against a licensed health care provider (or a hospital as employer) for professional negligence must be filed within two years after the patient discovers, or reasonably should have discovered, the injury, and no more than six years after the act or omission. The six-year limit is paused while the provider fails to disclose a known act, error or omission. Claims by a minor must be filed within six years of the act, or by the child's 10th birthday if that is later, with additional tolling in some situations. Source: Haw. Rev. Stat. § 657-7.3 |
| Wrongful death deadline | A wrongful death lawsuit must be filed within two years from the date of death, except as otherwise provided by law. Source: Haw. Rev. Stat. § 663-3 |
| Suing the government | The State has waived immunity for its employees' torts and is liable like a private person, but not for punitive damages or interest before judgment. A tort lawsuit against the State must be filed within two years after the claim accrues (medical tort claims follow § 657-7.3). For counties, the injured person must give written notice to the official named in the county charter (or the council chair or county clerk) within two years after the injury, stating when, where and how it happened, the extent of the injuries and the amount claimed. No damages cap for these claims was identified in the sections reviewed. |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant. Source: Haw. Rev. Stat. § 663-31 |
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| Damage caps | Damages for pain and suffering are capped at $375,000. The cap does not apply to the tort actions listed in Haw. Rev. Stat. § 663-10.9(2). Economic damages are not capped by this section. Source: Haw. Rev. Stat. § 663-8.7 |
| Medical malpractice caps | No separate malpractice-only cap was found. The general $375,000 cap on pain-and-suffering damages applies to tort actions, including medical malpractice, unless the case falls within the exceptions listed in § 663-10.9(2). Source: Haw. Rev. Stat. § 663-8.7 |
Wrongful death
| Who can sue for wrongful death | The deceased person's legal representative, or any of the family members or dependents entitled to damages, may bring the action. It is brought on behalf of the surviving spouse, reciprocal beneficiary, children, father, mother, and anyone wholly or partly dependent on the deceased. The court or jury allocates damages among them. The legal representative may also recover the reasonable expenses of the last illness and burial for the estate. Source: Haw. Rev. Stat. § 663-3 |
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| Wrongful death deadline | A wrongful death lawsuit must be filed within two years from the date of death, except as otherwise provided by law. Source: Haw. Rev. Stat. § 663-3 |
Car accidents and dog bites
| Reporting a crash to police | A driver in a collision that causes injury or death, or total property damage that appears to be $3,000 or more, must immediately notify the nearest police officer by the quickest means available. If the driver cannot, another capable occupant must give the notice. A responding officer files a written report for collisions meeting those thresholds. After hitting an unattended vehicle or property, the driver must also notify the nearest police officer without unnecessary delay (§ 291C-15). Source: HRS § 291C-16 |
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| Crash report to the DMV | Under Hawaii's motor vehicle safety responsibility law, the driver of a vehicle in a crash causing death or injury, or apparent damage to any one person's property (including the driver's) in excess of $3,000, must report it in writing or in person to the chief of police as soon as practical and within 24 hours, on a form set by the chief of police and the administrator. If the driver cannot, a capable occupant must report; if no report is filed, the registered owner must report within 10 days after learning of the accident. A report made under another law or ordinance satisfies this requirement. In Hawaii the written report goes to the chief of police rather than a separate DMV office. Section 291C-17 points to chapter 287 for written driver reports. Collision reports are confidential police records, available to people directly involved (§ 291C-20). Source: HRS § 287-4 |
| Leaving the scene (hit and run) | A driver in a collision must stop at or as close to the scene as possible without blocking traffic more than necessary, stay until giving name, address and vehicle registration number, show a license on request (including to police), and give reasonable help to anyone injured, including arranging transport for medical care. If no one is able to receive the information and no officer is present, the driver must report to the nearest police officer. For an unattended vehicle or property, the driver must find the owner or leave a written note and notify police. Leaving a collision with serious bodily injury or death is a class B felony with license revocation; with substantial bodily injury, a class C felony; with bodily injury, a misdemeanor. Surcharges for trauma and neurotrauma funds also apply. Section 291C-13 (property damage only) does not itself state the offense class; it allows a surcharge of up to $100. Information/aid duty: https://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0291C/HRS_0291C-0014.htm |
| Minimum car insurance | Hawaii is a no-fault state. Policies must include liability coverage of at least $40,000 per person and $80,000 per accident for injury, and $20,000 for property damage (40/80/20), plus personal injury protection (PIP) benefits with a $10,000 per-person aggregate limit. Tort lawsuits for motor vehicle accidents are limited: an injured person may sue the at-fault driver only for death, significant permanent loss of use of a body part or function, permanent and serious disfigurement causing mental or emotional suffering, or when PIP-type benefits incurred reach $5,000 or more. The liability limits reflect a 2024 amendment (L 2024, c 138); check the effective date for a given policy. |
| Dog bites | The owner or harborer of an animal that causes personal injury or property damage is liable even if the owner did not know the animal was vicious or dangerous. Owners of animals known by species or nature to be dangerous, wild or vicious are absolutely liable. A court annotation says the absolute-liability subsection does not apply to dogs. Source: Haw. Rev. Stat. § 663-9 |
Slip, trip and fall injuries
| Slip and fall: property owner's duty | Hawaii uses a single reasonable-care standard rather than separate invitee/licensee rules: an owner, landlord, tenant or occupier has a duty to use reasonable care to keep the property in a safe condition or to adequately warn people reasonably expected to be there. The injured person must prove that people like them were reasonably anticipated on the property, a condition posed an unreasonable risk of harm, the defendant knew or should have known of the risk, had enough control to remove it or warn of it, failed to take reasonable steps to do so, and that failure was a legal cause of the injury. |
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| Claims against a city or county | Before a Hawaii county can be held liable for injuries on its streets, sidewalks or other public places, or for negligence of county officers or employees, the injured person (or someone acting for them) must give written notice within two years after the injury accrued. The notice goes to the person named in the county charter, or if none, to the council chairperson or county clerk, and must state fully when, where and how the injury happened, the extent of the injuries and the amount claimed. The section read does not set a separate waiting period before suit or a damage cap. Source: Haw. Rev. Stat. § 46-72 |
| Injuries on land used for recreation | A landowner who lets people use land for recreation owes no duty to keep the premises safe for recreational entry or use and no duty to warn of dangerous conditions, uses, structures or activities; the protection also covers people who enter to help a recreational user. Exceptions: the owner remains liable for a willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity the owner knowingly created or maintained; where the owner charges for entry or recreational use (lease payments from the State or a county do not count); and for injuries to the owner's house guests. Source: Haw. Rev. Stat. §§ 520-3, 520-5 |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Hawaii requires a helmet, securely fastened with a chin strap, only for motorcycle and motor scooter operators and passengers under 18. Operators and passengers of all ages must wear eye protection (safety glasses, goggles or a face shield) if the vehicle has no windscreen or windshield, and anyone riding a rented moped or motor scooter must wear a helmet unless they hold a valid motorcycle license. Certain enclosed three-wheel electric vehicles with seat belts are exempt from the helmet rule. The statute does not say whether going without a helmet affects damages. |
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| Lane splitting | Lane splitting is illegal in Hawaii: the statute says no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Motorcycles are entitled to full use of a lane and may not ride more than two abreast in a single lane; police officers performing official duties are exempt from the passing and between-lanes rules. A former section allowing motorcycles on designated shoulders (§ 291C-54) has been repealed. |
| Pedestrian right-of-way | A driver must stop for a pedestrian crossing within a crosswalk who is on the driver's half of the roadway or approaching from the other half so closely as to be in danger, and may not proceed until the pedestrian has passed; drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. Violations carry fines of $150 for a first offense, rising to $300 plus a 90-day license revocation for a repeat within one year. A pedestrian may not suddenly step into the path of a vehicle too close to yield, must yield to all vehicles when crossing outside a marked crosswalk or an unmarked crosswalk at an intersection, may cross only in a marked crosswalk between adjacent signalized intersections, and may not cross diagonally unless signals allow; violating the crossing rules carries a $100 fine. |
| Bicycle laws | A person riding a bicycle on a roadway has the rights and duties of a vehicle driver, except for special bicycle rules and provisions that by their nature cannot apply. Drivers passing a bicyclist must allow at least three feet between the right side of the vehicle (including mirrors) and the bicyclist. Riders under 16 must wear a properly fitted and fastened helmet (fine up to $25). Bicycles may be ridden on sidewalks at 10 mph or less, yielding to pedestrians, but not on sidewalks in business districts. |
| Uber and Lyft insurance | Transportation network company (Uber/Lyft type) drivers must be covered by primary insurance. While logged on but not engaged in a prearranged ride: liability of at least $50,000 per person and $100,000 per accident for death and bodily injury and $25,000 for property damage, plus minimum personal injury protection. While engaged in a prearranged ride: at least $1,000,000 per accident for death, bodily injury and property damage, plus minimum personal injury protection. Insurers must offer uninsured and underinsured motorist coverage equal to those liability limits, which the driver may reject only in writing; coverage may come from the driver, the TNC or both, and if it lapses or is insufficient the TNC's insurer must cover the claim from the first dollar. |
Construction accidents
| Construction site injuries | Hawaii's workers' comp law makes comp the exclusive remedy against the employer for a work injury, excluding all other employer liability (with a statutory exception only for sexual harassment or sexual assault and related emotional distress or invasion of privacy). An injured worker may still claim comp and also sue a third party, other than the employer or a co-employee acting in the course of employment, who is legally liable for the injury; a co-employee is not shielded if the injury results from wilful and wanton misconduct. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Hawaii?
A lawsuit for damage or injury to persons must be filed within two years after the cause of action accrued.
How long do you have to sue for property damage in Hawaii?
A lawsuit for damage or injury to property must be filed within two years after the cause of action accrued.
What is the statute of limitations for medical malpractice in Hawaii?
A claim against a licensed health care provider (or a hospital as employer) for professional negligence must be filed within two years after the patient discovers, or reasonably should have discovered, the injury, and no more than six years after the act or omission. The six-year limit is paused while the provider fails to disclose a known act, error or omission. Claims by a minor must be filed within six years of the act, or by the child's 10th birthday if that is later, with additional tolling in some situations.
How long do you have to file a wrongful death lawsuit in Hawaii?
A wrongful death lawsuit must be filed within two years from the date of death, except as otherwise provided by law.
Who can file a wrongful death lawsuit in Hawaii?
The deceased person's legal representative, or any of the family members or dependents entitled to damages, may bring the action. It is brought on behalf of the surviving spouse, reciprocal beneficiary, children, father, mother, and anyone wholly or partly dependent on the deceased. The court or jury allocates damages among them. The legal representative may also recover the reasonable expenses of the last illness and burial for the estate.
Can you recover damages if you were partly at fault in Hawaii?
Modified comparative negligence (51% bar). An injured person can recover if his or her negligence was not greater than the negligence of the defendant (or the combined negligence of all defendants), with damages reduced by his or her percentage of negligence. If the injured person's negligence is greater, judgment is entered for the defendant.
Does Hawaii cap damages in personal injury cases?
Damages for pain and suffering are capped at $375,000. The cap does not apply to the tort actions listed in Haw. Rev. Stat. § 663-10.9(2). Economic damages are not capped by this section.
Is there a cap on medical malpractice damages in Hawaii?
No separate malpractice-only cap was found. The general $375,000 cap on pain-and-suffering damages applies to tort actions, including medical malpractice, unless the case falls within the exceptions listed in § 663-10.9(2).
How do you file an injury claim against the government in Hawaii?
The State has waived immunity for its employees' torts and is liable like a private person, but not for punitive damages or interest before judgment. A tort lawsuit against the State must be filed within two years after the claim accrues (medical tort claims follow § 657-7.3). For counties, the injured person must give written notice to the official named in the county charter (or the council chair or county clerk) within two years after the injury, stating when, where and how it happened, the extent of the injuries and the amount claimed.
Is a dog owner liable for a dog bite in Hawaii?
The owner or harborer of an animal that causes personal injury or property damage is liable even if the owner did not know the animal was vicious or dangerous. Owners of animals known by species or nature to be dangerous, wild or vicious are absolutely liable.
What is the minimum car insurance required in Hawaii?
Hawaii is a no-fault state. Policies must include liability coverage of at least $40,000 per person and $80,000 per accident for injury, and $20,000 for property damage (40/80/20), plus personal injury protection (PIP) benefits with a $10,000 per-person aggregate limit. Tort lawsuits for motor vehicle accidents are limited: an injured person may sue the at-fault driver only for death, significant permanent loss of use of a body part or function, permanent and serious disfigurement causing mental or emotional suffering, or when PIP-type benefits incurred reach $5,000 or more.
When do you have to report a car accident to the police in Hawaii?
A driver in a collision that causes injury or death, or total property damage that appears to be $3,000 or more, must immediately notify the nearest police officer by the quickest means available. If the driver cannot, another capable occupant must give the notice. A responding officer files a written report for collisions meeting those thresholds.
Do you have to report a car accident to the DMV in Hawaii?
Under Hawaii's motor vehicle safety responsibility law, the driver of a vehicle in a crash causing death or injury, or apparent damage to any one person's property (including the driver's) in excess of $3,000, must report it in writing or in person to the chief of police as soon as practical and within 24 hours, on a form set by the chief of police and the administrator. If the driver cannot, a capable occupant must report; if no report is filed, the registered owner must report within 10 days after learning of the accident. A report made under another law or ordinance satisfies this requirement.
What are your duties after a car accident in Hawaii?
A driver in a collision must stop at or as close to the scene as possible without blocking traffic more than necessary, stay until giving name, address and vehicle registration number, show a license on request (including to police), and give reasonable help to anyone injured, including arranging transport for medical care. If no one is able to receive the information and no officer is present, the driver must report to the nearest police officer. For an unattended vehicle or property, the driver must find the owner or leave a written note and notify police. Leaving a collision with serious bodily injury or death is a class B felony with license revocation; with substantial bodily injury, a class C felony; with bodily injury, a misdemeanor. Surcharges for trauma and neurotrauma funds also apply.
Who is responsible if you slip and fall on someone's property in Hawaii?
Hawaii uses a single reasonable-care standard rather than separate invitee/licensee rules: an owner, landlord, tenant or occupier has a duty to use reasonable care to keep the property in a safe condition or to adequately warn people reasonably expected to be there. The injured person must prove that people like them were reasonably anticipated on the property, a condition posed an unreasonable risk of harm, the defendant knew or should have known of the risk, had enough control to remove it or warn of it, failed to take reasonable steps to do so, and that failure was a legal cause of the injury.
How long do you have to file a claim against a city or county in Hawaii?
Before a Hawaii county can be held liable for injuries on its streets, sidewalks or other public places, or for negligence of county officers or employees, the injured person (or someone acting for them) must give written notice within two years after the injury accrued. The notice goes to the person named in the county charter, or if none, to the council chairperson or county clerk, and must state fully when, where and how the injury happened, the extent of the injuries and the amount claimed. The section read does not set a separate waiting period before suit or a damage cap.
Is a landowner liable for injuries on land used for recreation in Hawaii?
A landowner who lets people use land for recreation owes no duty to keep the premises safe for recreational entry or use and no duty to warn of dangerous conditions, uses, structures or activities; the protection also covers people who enter to help a recreational user. Exceptions: the owner remains liable for a willful or malicious failure to guard or warn against a dangerous condition, use, structure or activity the owner knowingly created or maintained; where the owner charges for entry or recreational use (lease payments from the State or a county do not count); and for injuries to the owner's house guests.
Do you have to wear a motorcycle helmet in Hawaii?
Hawaii requires a helmet, securely fastened with a chin strap, only for motorcycle and motor scooter operators and passengers under 18. Operators and passengers of all ages must wear eye protection (safety glasses, goggles or a face shield) if the vehicle has no windscreen or windshield, and anyone riding a rented moped or motor scooter must wear a helmet unless they hold a valid motorcycle license. Certain enclosed three-wheel electric vehicles with seat belts are exempt from the helmet rule. The statute does not say whether going without a helmet affects damages.
Is lane splitting legal in Hawaii?
Lane splitting is illegal in Hawaii: the statute says no person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Motorcycles are entitled to full use of a lane and may not ride more than two abreast in a single lane; police officers performing official duties are exempt from the passing and between-lanes rules. A former section allowing motorcycles on designated shoulders (§ 291C-54) has been repealed.
Who has the right of way, a pedestrian or a driver, in Hawaii?
A driver must stop for a pedestrian crossing within a crosswalk who is on the driver's half of the roadway or approaching from the other half so closely as to be in danger, and may not proceed until the pedestrian has passed; drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. Violations carry fines of $150 for a first offense, rising to $300 plus a 90-day license revocation for a repeat within one year. A pedestrian may not suddenly step into the path of a vehicle too close to yield, must yield to all vehicles when crossing outside a marked crosswalk or an unmarked crosswalk at an intersection, may cross only in a marked crosswalk between adjacent signalized intersections, and may not cross diagonally unless signals allow; violating the crossing rules carries a $100 fine.
What are the bicycle laws in Hawaii?
A person riding a bicycle on a roadway has the rights and duties of a vehicle driver, except for special bicycle rules and provisions that by their nature cannot apply. Drivers passing a bicyclist must allow at least three feet between the right side of the vehicle (including mirrors) and the bicyclist. Riders under 16 must wear a properly fitted and fastened helmet (fine up to $25). Bicycles may be ridden on sidewalks at 10 mph or less, yielding to pedestrians, but not on sidewalks in business districts.
What insurance must Uber and Lyft drivers have in Hawaii?
Transportation network company (Uber/Lyft type) drivers must be covered by primary insurance. While logged on but not engaged in a prearranged ride: liability of at least $50,000 per person and $100,000 per accident for death and bodily injury and $25,000 for property damage, plus minimum personal injury protection. While engaged in a prearranged ride: at least $1,000,000 per accident for death, bodily injury and property damage, plus minimum personal injury protection. Insurers must offer uninsured and underinsured motorist coverage equal to those liability limits, which the driver may reject only in writing; coverage may come from the driver, the TNC or both, and if it lapses or is insufficient the TNC's insurer must cover the claim from the first dollar.
Can you sue for a construction accident in Hawaii?
Hawaii's workers' comp law makes comp the exclusive remedy against the employer for a work injury, excluding all other employer liability (with a statutory exception only for sexual harassment or sexual assault and related emotional distress or invasion of privacy). An injured worker may still claim comp and also sue a third party, other than the employer or a co-employee acting in the course of employment, who is legally liable for the injury; a co-employee is not shielded if the injury results from wilful and wanton misconduct.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.