Car Accident Claims in Hawaii
Minimum car insurance in Hawaii, whether the state is no-fault, how fault is shared, and the deadline to sue after a crash.
Short answer: 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. HRS § 291C-16
| 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. |
| 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 |
| 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 |
| 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 |
More Hawaii personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Hawaii
- Wrongful Death Lawsuits in Hawaii
- Medical Malpractice Rules in Hawaii
- Dog Bite Liability in Hawaii
- Slip, Trip and Fall Injuries in Hawaii
- Motorcycle Accident Claims in Hawaii
- Pedestrian Accident Claims in Hawaii
- Bicycle Accident Claims in Hawaii
- Uber and Lyft Accident Claims in Hawaii
- Construction Site Injuries in Hawaii
- All Hawaii personal injury & wrongful death rules
FAQ
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.
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.
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.
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.
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.