Hawaii Car Accident Guide: How to Get Compensation for Injuries

Here’s what to do after a car accident in Hawaii to protect your health and your right to injury compensation.

Hawaii has more than 2,433 miles of paved freeways, highways, and roadways on six major islands.¹ More than 400 people suffer serious injuries each year in Hawaii motor vehicle accidents, with more than 100 fatalities.²

If you or a loved one were injured in a Hawaii traffic accident, you may be able to file a claim or lawsuit. Here we discuss what to do after an accident, how to determine fault, and pursuing compensation for injuries.

What to Do After a Hawaii Car Accident

Protect yourself and start building a strong injury claim by taking these steps after a car accident in Hawaii.

1. Stay At the Scene and Exchange Information

Hawaii accident laws require drivers to stop after any accident involving injuries, death, or property damage. Try not to block traffic, and remain on the scene.

Drivers must exchange their name, address, and vehicle registration information. Upon request, drivers must share their driver’s license and insurance information with the other driver or anyone injured in the accident.

What if I hit a parked car in Hawaii?

If you hit a parked car or other property, the law requires you to stop and try to locate the owner. If the owner can’t be located, attach a written note in a conspicuous place on the vehicle or other property with your name, address, and vehicle registration number. Then you are required to notify the nearest police officer.

2. Call 911 and Help the Injured

Hawaii requires drivers to notify the police of an accident “by the quickest means of communication” when the accident involves injury, death, or property damage over $3,000.

You, or one of your passengers, can use a cell phone to call 911. Tell the dispatcher if anyone is injured, asking for medical help, or if there are hazards at the accident scene. Hazards can include anything from heavy traffic, to leaking fuel or downed power lines.

Try to give the dispatcher a specific location, including street names, mile markers, or landmarks to help emergency services get to you faster.

What happens if I don't report a car accident?

Failing to promptly notify police after a car accident in Hawaii can result in fees starting at $100.

3. Seek Prompt Medical Treatment

Always have a thorough medical evaluation after a motor vehicle accident. Don’t assume that you’re just “shaken up.” The rush of adrenaline that follows a sudden and violent impact can mask symptoms of serious injuries, like brain trauma and internal injuries.

Never refuse or delay medical attention at the scene. Let the paramedics assess your condition. This is not the time to be stoic. If the medics want to take you to the hospital, let them transport you.

If you aren’t taken directly to a hospital from the scene, arrange to see your primary care provider, or go to the hospital emergency department or urgent care center as soon as possible.

Delaying medical attention gives the insurance company an excuse to deny your claim by asserting that your injuries are not from the accident.

Can I make an insurance claim for a minor injury?

You are entitled to compensation for all accident-related injuries, even minor injuries. You will need medical records and bills proving you had a medical evaluation after the accident. The insurance company should pay the cost for your medical evaluations, including diagnostic tests, like X-rays or a CT scan, that were medically necessary to rule out a more significant injury.

4. Gather Evidence From the Scene

Any claims you make against the at-fault driver’s insurance policy must include evidence of fault. When police arrive at the scene, the officer will conduct a full investigation. The police crash report is important evidence of fault, especially when the other driver was ticketed for traffic violations.

Don’t risk your safety or aggravate injuries in order to gather additional evidence at the scene. Any evidence that can be gathered without risk of harm can be helpful.

Other types of evidence to support your claim:

  • Photographs and video of the vehicles, the scene, and car damage
  • Witness names and contact information
  • Your notes and descriptions of the crash, passengers in other cars, and sequence of events

How can I get a copy of the police report in Hawaii?

You can call or visit a district police station to request a copy of the police report. Written requests may be mailed to the Records and Identification Section, Hawaii Police Department, 349 Kapi‘olani Street, Hilo, 96720.

How long do traffic violations stay on my record in Hawaii?

Hawaii requires moving violations to stay on a person’s driving record for ten years.

5. Notify Both Insurance Companies

Every auto policy has a notice and cooperation clause that requires drivers to notify their insurance company of an accident, even when the insured driver did not cause the accident. In Hawaii, injury claims must first be submitted to your own insurance company for payment from your Personal Injury Protection (PIP) coverage, no matter who caused the accident.

Notify the at-fault party’s insurance company of your intent to file an injury or property damage claim. Send your notice as soon as possible after the crash. You don’t have to be ready to discuss settlement. The company will usually acknowledge your notification by assigning a claim number.

Is Hawaii No-Fault state?

Hawaii is a no-fault insurance state, meaning injury claims must first be filed under your own policy’s  Personal Injury Protection (PIP) coverage, no matter who caused the accident.

How long do I have to make an insurance claim in Hawaii?

Hawaii has a two-year statute of limitations for personal injury claims. If you haven’t settled your insurance claim or filed a lawsuit before the two-year deadline, you may forfeit your right to compensation.

Hawaii Fault and Liability Rules

Hawaii is a no-fault state, meaning accident victims must first file a claim with their own Personal Injury Protection (PIP) coverage.

A legal exception is made for injuries serious enough to cross the no-fault threshold.

Injuries that cross the serious injury threshold include:

  • Fatal injuries
  • Disfigurement resulting in emotional distress
  • A significant permanent loss of use of a part or function of the body
  • Injuries with medical costs using $5,000 or more in PIP benefits

Hawaii is a modified comparative negligence state. You can file a serious injury claim against the other driver’s insurance company so long as you are equally or less to blame for the crash. However, your compensation will be reduced in proportion to your percentage of fault.

Example of Comparative Fault

Olivia was driving on King Street in Honolulu, nearing the intersection with Bishop Street. She had a green light, but sped up to get through the intersection before the light changed.

Liam was also traveling on King Street, coming from the other direction. As Liam approached the intersection on a green light, he proceeded to make a left turn onto Bishop, directly into the path of Olivia’s vehicle.

Both drivers were injured in the crash. Police ticketed Liam for making a left turn into oncoming traffic. The crash report also included a witness statement from the driver following Olivia’s car that Olivia had “gunned it” at the last minute before the crash.

The insurance company determined that Olivia was 25 percent to blame for the accident, because she was speeding through the intersection.

Olivia sought $20,000 in damages from Liam’s insurance company. After reducing her potential compensation by 25 percent, she was offered $15,000 to settle her injury claim.

Because Liam was 75 percent to blame, he had no standing to make an injury claim against Olivia or her insurance company. 

What makes a driver at fault for a rear-end collision in Hawaii?

Hawaii traffic laws prohibit drivers from following too closely for the traffic speed and driving conditions. The driver in the rear is usually liable for a rear-end collision.

Which driver is at fault for a side-impact collision?

Broadside, T-bone, or side-impact crashes are caused by the driver who failed to yield the right of way. Running a red light or stop sign, or turning left into oncoming traffic are some ways that negligent drivers can be at fault for a side-impact collision in Hawaii.

Does Hawaii have laws related to head-on collisions?

Head-on collisions are caused when a driver negligently drives left-of-center into oncoming traffic. Hawaii requires drivers to stay in the right lane unless there’s something in the road or they can safely pass another vehicle.

Hawaii Car Accident Compensation

Compensation for a car accident in Hawaii may come from your own auto policy, the at-fault driver’s insurance company, or a combination of both.

Under Hawaii’s insurance laws, auto policies must include $10,000 in Personal Injury Protection (PIP) coverage to pay for injuries to the policyholder and their passengers, no matter who caused the accident.

PIP coverage does not pay for non-economic damages like pain and suffering.

Serious injury claims that exceed the no-fault threshold can be made against the at-fault party’s liability insurance. Claims against the at-fault driver’s policy can seek compensation for all your damages, including pain and suffering.

Serious injury and wrongful death claims should be handled by an experienced attorney to ensure the victim and their loved ones get maximum compensation.

Can I sue for pain and suffering in Hawaii?

Because Hawaii is a no-fault insurance state, most injury claims are covered by your own policy’s PIP coverage. PIP does not pay for pain and suffering, and you cannot sue for injuries that do not cross the no-fault threshold.

You can sue only sue for pain and suffering related to serious injury claims that cross the no-fault threshold.

Average Car Accident Settlements in Hawaii

The average injury settlement for a moderate car accident claim in Hawaii is $30,224, with average payouts ranging from $6,941 to $345,100.

Settlements and court awards can range from $595 for minor soft-tissue injuries up to $900,000 for injuries that left the victim totally disabled.

You can use our free Hawaii Personal Injury Claim Calculator to estimate your payout.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

Compare these two rear-end accident cases with low and high payouts:

  1. In Hawaii County, Kramer v. Ellett, 24890, a jury awarded $595 in economic damages to the victim for soft-tissue neck and back injuries. The plaintiff had prior accidents with similar injuries. The at-fault driver admitted rear-ending the victim’s car, but denied causing the victim’s injuries.
  2. Also in Hawaii County, Kienker v. Bauer, SCWC–25856, the jury awarded $374,000 for injuries suffered from being rear-ended by a tractor-trailer. The defendants admitted liability but asserted that the plaintiff was exaggerating her injuries.

Factors that impact car accident compensation include:

  • No-fault restrictions
  • Liability coverage limits
  • Scope and severity of injuries
  • Shared fault
  • Multiple-vehicle collisions
  • Number of injured victims
  • Fatalities
  • Non-economic damages caps

Even when your injuries cross the no-fault threshold, the at-fault driver may not have enough insurance to cover your injuries, or there may be other victims competing for the same pool of funds.

In most types of personal injury cases. Hawaii law limits pain and suffering compensation to $375,000.

Hawaii State Minimum Insurance Requirements

Hawaii mandates all drivers to carry insurance no less than $20,000 per person/$40,000 per accident bodily injury liability and a $10,000 property damage liability.

Optional Insurance Coverage in Hawaii

Insurance companies selling auto policies in Hawaii are required by law to offer optional uninsured (UM) and underinsured (UIM) motorist coverage equal to their liability limits. The policyholder has the right to decline the optional coverage.

If you elected to purchase UM and UIM coverages, you can seek compensation from your own policy after an accident caused by an underinsured driver, a hit-and-run, or a driver with no valid insurance.