By Serdar Arslan, editor · Last reviewed · How we research
Hawaii doubled its minimum liability limits on January 1, 2026, from 20/40/10 to 40/80/20 for new and renewal policies, so some older state web pages still show outdated figures. Hawaii is also a no-fault state: every driver must carry at least $10,000 in personal injury protection, which pays your own medical and rehabilitation costs regardless of who caused the crash.
A $375,000 cap on pain and suffering exists, but it does not apply to torts relating to motor vehicle accidents, so most crash cases have no general limit. You generally have 2 years to sue for injuries, vehicle damage or wrongful death. Claims against a county require written notice within 2 years, and suits against the State must also be filed within 2 years. Fault is compared under a modified rule that bars recovery at 51% or more. Call the nearest police officer immediately after any crash with injury, death or apparent property damage of $3,000 or more. Hawaii recorded 102 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | 2 years from the date the claim accrued (usually the crash date) Source: Haw. Rev. Stat. § 657-7 |
|---|---|
| Property damage deadline | 2 years from the date the claim accrued; the same statute covers injury to persons and property Source: Haw. Rev. Stat. § 657-7 |
| Wrongful death deadline | 2 years from the date of death Source: Haw. Rev. Stat. § 663-3 |
| Claims against a government entity | Tort lawsuits against the State generally must be filed within 2 years after the claim accrues. For claims against a county, written notice of the injury generally must be given to the county within 2 years. Source: Haw. Rev. Stat. § 662-4; § 46-72 |
| Fault rule | Modified comparative fault (51% bar): You can recover if your share of fault is not greater than the combined fault of the people you are suing (50% or less). Your damages are reduced by your percentage of fault. At 51% or more, you recover nothing. Source: Haw. Rev. Stat. § 663-31 |
| Insurance system | No-fault · Personal injury protection (PIP) of at least $10,000 per person is required. It pays your own medical and rehabilitation costs regardless of fault. |
| Minimum liability insurance | $40,000 per person / $80,000 per accident bodily injury; $20,000 property damage Source: Haw. Rev. Stat. § 431:10C-301(b) |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | Hawaii has a $375,000 cap on pain and suffering damages (Haw. Rev. Stat. § 663-8.7), but the cap does not apply to tort actions listed in § 663-10.9(2), which include torts relating to motor vehicle accidents. In most car crash cases, there is no general cap. Check the statute or ask a licensed attorney for your situation. |
| Reporting a crash | If a crash causes injury or death, or apparent total property damage of $3,000 or more, the driver must notify the nearest police officer immediately by the quickest means available. Source: Haw. Rev. Stat. § 291C-16 |
Getting your crash report in Hawaii
Crash reports are kept by the county police department that responded. On Oahu, call the Honolulu Police Department Records Division (808-723-3258) to check whether the report can be released, then request it by email, mail, or in person with a copy of your ID. Small per-page fees apply. On other islands, contact the Hawaii, Maui, or Kauai county police department.
Checking a Hawaii lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Hawaii State Bar Association – Member Directory
- Lawyer referral: Hawaii State Bar Association Lawyer Referral & Information Service (LRIS) · 808-537-9140
102 people died in motor vehicle crashes in Hawaii in 2024, according to NHTSA FARS (via IIHS state-by-state fatality statistics).
Frequently asked questions
›Did Hawaii's minimum insurance go up in 2026?
Yes. For new and renewal policies effective on or after January 1, 2026, the minimums rose from 20/40/10 to $40,000 per person, $80,000 per accident and $20,000 for property damage (Haw. Rev. Stat. § 431:10C-301(b)). Some older DCCA web pages still show the old limits.
›Does Hawaii's $375,000 pain and suffering cap apply to car crashes?
Generally no. The cap in Haw. Rev. Stat. § 663-8.7 does not apply to the tort actions listed in § 663-10.9(2), which include torts relating to motor vehicle accidents. Check the statute or ask a licensed attorney for your situation.
›How long do I have to file a lawsuit after a crash in Hawaii?
Generally 2 years from the date the claim accrued, usually the crash date, for injury and property damage (Haw. Rev. Stat. § 657-7). Wrongful death claims generally have 2 years from the date of death (§ 663-3).
›What if I was partly responsible for the crash?
You can recover as long as your share of fault is not greater than the combined fault of those you sue, with damages reduced by your percentage of fault. At 51% or more, you recover nothing (Haw. Rev. Stat. § 663-31).
›How do I get a crash report on Oahu?
Call the Honolulu Police Department Records Division (808-723-3258) to check whether the report can be released. Then request it by email, mail or in person with a copy of your ID; small per-page fees apply. On other islands, contact the Hawaii, Maui or Kauai county police department.
Sources
- Haw. Rev. Stat. § 657-7 – Damage to persons or property
- Haw. Rev. Stat. § 663-3 – Wrongful death
- Haw. Rev. Stat. § 663-31 – Contributory negligence
- Haw. Rev. Stat. § 662-4 – State Tort Liability Act limitations
- Haw. Rev. Stat. § 46-72 – Notice of injuries (counties)
- Haw. Rev. Stat. § 431:10C-301 – Required motor vehicle policy coverage
- Haw. Rev. Stat. § 431:10C-306 – Abolition of tort liability
- Haw. Rev. Stat. § 663-8.7 – Pain and suffering limit
- Haw. Rev. Stat. § 291C-16 – Duty to give notice of accidents
- Hawaii Insurance Division – Auto Minimum Limits FAQs
- Hawaii DCCA – Motor Vehicle Insurance Information
- Honolulu Police Department – Police Reports
- Hawaii State Bar Association – Find a Lawyer
- IIHS – Fatality statistics state by state