Hawaii Motor Vehicle Accident Rules & Laws

Insurance Systems & Requirements

System type:
Hawaii operates under a no-fault insurance system, meaning that after an accident, drivers turn to their own insurance for coverage of medical expenses, regardless of who caused the accident. This system is designed to streamline compensation for minor injuries and minimize disputes over fault. 

However, it has limits, as it does not cover pain and suffering or other non-economic damages unless the injuries meet a serious threshold.

Personal Injury Protection (PIP):
Hawaii requires all drivers to carry a minimum of $10,000 in PIP coverage. This coverage ensures that drivers and their passengers have access to immediate medical care and financial support without having to wait for fault determinations. PIP covers medical expenses, lost income if the accident prevents you from working, and rehabilitation costs for recovery. It provides a financial safety net for accident victims but may not be sufficient in severe cases, emphasizing the need for supplemental insurance.

Liability insurance requirements:
Drivers in Hawaii must also carry liability insurance to protect others if they are found at fault for an accident. The minimum requirements are:

• $20,000 for bodily injury per person
• $40,000 for bodily injury per accident
• $10,000 for property damage

These limits aim to ensure that victims can recover damages, but in cases of serious accidents, they may fall short of covering all expenses, leaving the at-fault driver personally liable for the remainder.

Optional coverages:
While Hawaii’s mandatory insurance provides a baseline level of protection, optional coverages can offer peace of mind and additional financial security.

• Uninsured/Underinsured Motorist (UM/UIM): This coverage protects drivers when the at-fault party either has no insurance or inadequate coverage to pay for damages
• Collision coverage: Pays for damages to your vehicle regardless of fault
• Comprehensive coverage: Covers non-collision incidents such as theft, vandalism, or storm damage

These optional coverages are especially useful in Hawaii, where unpredictable weather and limited repair facilities can make accidents more costly.

Non-compliance penalties:
Driving without the required insurance in Hawaii carries serious consequences. First-time offenders face fines ranging from $500 to $5,000, suspension of their driver’s license, and possible vehicle impoundment. Repeat offenses lead to harsher penalties, including increased fines and longer suspensions. Additionally, uninsured drivers may be held personally responsible for damages caused by an accident, which can result in significant financial hardship.

Fault & Negligence Laws

No-fault system:
Under Hawaii’s no-fault system, drivers use their own PIP insurance to cover medical expenses and certain losses after an accident. This system simplifies the process for minor accidents by avoiding lengthy fault investigations. However, for damages beyond medical costs, such as pain and suffering, victims must meet specific legal thresholds.

Serious injury threshold:
To pursue additional damages, including pain and suffering, victims must prove their injuries meet Hawaii’s serious injury threshold. This includes:

• Medical expenses exceeding $5,000: If your medical bills surpass this amount, you can step outside the no-fault system and pursue a claim against the at-fault driver
• Permanent loss of a bodily function: Injuries that result in a lifelong disability or impairment qualify
• Permanent disfigurement or scarring: Visible, lasting damage also meets the threshold
• Death: In fatal accidents, the deceased’s family can pursue a wrongful death claim against the at-fault driver

Meeting this threshold is a gateway to recovering broader compensation, emphasizing the importance of documenting injuries and medical expenses thoroughly.

Comparative negligence rule:
Hawaii’s modified comparative negligence rule allows accident victims to recover damages as long as they are not more than 50% at fault for the accident. If the victim shares some responsibility, their compensation is reduced by their percentage of fault. For example, if you are 20% at fault for an accident and awarded $50,000, your compensation would be reduced to $40,000. However, if you are found 51% or more at fault, you are barred from recovering damages.

Passenger rights:
Passengers injured in an accident have multiple avenues for compensation. They can file claims under the at-fault driver’s liability insurance or the PIP coverage of the vehicle they were riding in. Passengers may also turn to their own PIP or UM/UIM policies for additional protection. In cases where a passenger’s actions contributed to the accident, such as distracting the driver, their compensation may be reduced under the comparative negligence rule.

Statute of Limitations

Hawaii law enforces strict deadlines for filing claims after a car accident:

• Two years for personal injury claims. This period begins on the date of the accident and covers claims for medical expenses, lost wages, and other damages
• Two years for wrongful death claims. The clock starts on the date of the victim’s death, giving their family time to seek justice and compensation
• Two years for property damage claims. This includes seeking repairs or replacement costs for damaged vehicles or other property

Failing to file within these time limits typically results in losing the right to pursue compensation, highlighting the importance of acting promptly and consulting an attorney.

Procedures for Handling MVAs

When to report an accident:
Hawaii law requires drivers to report a car accident to law enforcement under specific circumstances:

• Injury or death: Any accident involving bodily harm or a fatality must be reported immediately to ensure proper emergency response and documentation
• Property damage exceeding $3,000: If the combined property damage from the accident exceeds this amount, it must be reported to local authorities
• Commercial vehicle involvement: Accidents involving trucks, buses, or other commercial vehicles require reporting due to the complexities of liability and regulatory compliance

Filing a report:
Drivers involved in reportable accidents must notify law enforcement at the scene and file a report with the Hawaii Department of Transportation (HDOT). Failure to report can lead to penalties, fines, and complications with insurance claims. Even if the accident doesn’t meet these criteria, filing a report can provide useful documentation for future claims.

How to access accident reports:
Accident reports are essential for insurance claims and legal proceedings. They can be obtained online through the HDOT website or by contacting the law enforcement agency that investigated the accident. Fees may apply, and it’s important to provide accurate details when requesting a report to avoid delays.

Unique Local Considerations

Hawaii’s unique geography and tropical climate present distinct challenges for drivers.

Tourist traffic: Popular destinations like Honolulu and Maui see heavy congestion due to an influx of visitors unfamiliar with local driving laws. This increases the risk of accidents, especially during peak tourist seasons.

Narrow and winding roads: Many of Hawaii’s rural and coastal roads are narrow and winding, requiring extra caution. Inexperienced drivers or those unfamiliar with the terrain may struggle, particularly in bad weather.

Tropical rains: Sudden and heavy downpours are common in Hawaii, creating slick roads and reducing visibility. These conditions can make driving hazardous, particularly on highways and mountain roads.

Wildlife crossings: In rural areas, drivers may encounter wildlife such as wild pigs or chickens crossing the road. While less common, these incidents can cause unexpected accidents, especially at night or in poorly lit areas.

By understanding these unique factors, drivers can better prepare for Hawaii’s distinct road conditions and minimize their risk of accidents.

Types of Compensation Available

In Hawaii, accident victims can pursue various types of compensation:

1. Economic damages: These include medical bills, lost wages, and property repair or replacement costs
2. Non-economic damages: For serious injuries, victims may seek compensation for pain and suffering, emotional distress, and loss of enjoyment of life
3. Punitive damages: Rarely awarded in Hawaii, these damages are reserved for cases involving gross negligence or intentional harm

Conclusion

Hawaii’s scenic roads may be a driver’s paradise, but they come with unique challenges that require caution and preparedness. Understanding the state’s no-fault insurance system, negligence laws, and reporting requirements is essential for protecting your rights and navigating post-accident procedures effectively.

Whether you’re a resident or a visitor, being informed about Hawaii’s motor vehicle accident laws ensures you can handle unexpected situations confidently. If you’ve been involved in an accident, consulting a qualified attorney can help you secure the compensation you deserve and guide you through the complexities of Hawaii’s legal landscape. Drive safely, stay alert, and enjoy the beauty of Hawaii’s roads responsibly!