Hawaii Car Accident Settlement Calculator

Under Hawaii's modified comparative fault system, motor vehicle accident claimants can recover as long as their fault does not exceed 50%. Your damages are reduced by your fault percentage, and the critical question in every Hawaii car accident case is whether the at-fault driver bears the majority of responsibility.

Hawaii gives you 2 years from the date of the incident to file a lawsuit, which is in line with the national average of 2.7 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position. Hawaii applies a discovery rule, meaning the clock may start when you discover (or should have discovered) the injury rather than when the incident occurred.

Hawaii caps non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) at $375,000 for pain and suffering, meaning the physical pain that results from a physical injury (mental anguish, disfigurement, loss of enjoyment of life and loss of consortium are not capped) for this type of case. Intentional torts, product liability claims and the other actions listed in section 663-10.9(2) are exempt from the limit. (Haw. Rev. Stat. § 663-8.7)

Hawaii's no-fault insurance system changes how car accident claims work fundamentally. Instead of filing a claim against the at-fault driver, you first seek compensation through your own PIP coverage. Whether you can bring an injury claim against the other driver at all depends on the threshold written into Hawaii's statute. Hawaii's no-fault law abolishes the tort liability of the owner, operator or user of an insured motor vehicle unless the accident caused death, a significant permanent loss of use of a part or function of the body, or a permanent and serious disfigurement that subjects the injured person to mental or emotional suffering, or unless the injured person's personal injury protection benefits equal or exceed $5,000 (HRS § 431:10C-306).

Hawaii requires all drivers to carry minimum liability insurance of $40K per person / $80K per accident in bodily injury coverage and $20K in property damage coverage (commonly written as 40/80/20). These minimums are above the national average, providing somewhat better baseline protection for accident victims. A Hawaii motor vehicle policy includes uninsured motorist coverage at the minimum bodily injury limits, and underinsured motorist coverage, unless a named insured rejects the coverage in writing (HRS § 431:10C-301(b)). As a no-fault state, Hawaii also mandates personal injury protection (PIP) coverage of at least $10K.

No Hawaii statute, high court decision or insurance regulator statement settles whether diminished value, the resale value a properly repaired car loses because of its accident history, can be added to the cost of repairs in a claim against the at-fault driver. Whether your own collision coverage owes it has no clear Hawaii rule. No Hawaii statute, regulation or court opinion that I could open addresses whether a repaired vehicle's lost value is recoverable, so the question is unsettled on the sources available here. The diminished value guide in the related reading below carries the rule for every state and how to document the loss.