Is Hawaii a No-Fault State for Car Accidents? | Burk Injury Lawyers (2024)

FAQs

Is Hawaii a No-Fault State for Car Accidents? | Burk Injury Lawyers? ›

Hawaii follows a “no-fault” system for Personal Injury Protection (PIP) insurance coverage. Regardless of who is at fault for a car accident, each driver's insurance company is responsible for covering their own medical expenses and those of their passengers, up to the policy limits.

Because “no-fault” applies to injuries, not to vehicles or property, the driver-at-fault in an accident is responsible for damages to vehicle and property. Your minimum motor vehicle insurance policy must have protection for you and your passengers of $10,000 per person personal injury protection benefits.

Bodily Injury Liability: $20,000 per person/$40,000 per accident for anyone else who may have been injured in the crash. Property Damage: $10,000 per occurrence.

Under Hawaii law, most personal injury lawsuits must be brought within two years from the date of the injury. For example, if you got hurt in a car accident in Maui, you would need to bring your lawsuit within two years from the date of the motor vehicle collision in which you were injured.

Personal injury protection (PIP) is an important part of auto insurance in Hawaii. The state's “no-fault” insurance laws require all drivers to purchase minimum amounts of PIP to cover injuries and lost income resulting from car accidents.

Comprehensive covers damage to your car caused by something other than a collision. For example, comprehensive can cover damage from fire, theft, vandalism, windstorm, flood, falling objects, etc.

Collision insurance is a coverage that helps pay to repair or replace your car if it's damaged in an accident with another vehicle or object, such as a fence or a tree.

The per-person limit applies to each person injured in an accident. For example, say your per-person limit is $50,000. That means if one person is injured in a car accident, the most your bodily injury liability would pay for all their medical expenses is $50,000.

Under the last clear chance doctrine, a contributorily negligent plaintiff may nevertheless recover in the accident lawsuit if the plaintiff is in a situation of helpless peril, and thereafter the defendant had an opportunity to avoid injury to the plaintiff who failed to do so.

Serious bodily injury: As defined in Section 707-700, HRS, bodily injury that creates a substantial risk of death or causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

What is the statute of limitations for personal injury in Hawaii? ›

In Hawaii, the typical statute of limitations for filing personal injury claims is a two-year limit. There are specific exceptions and variations to this rule depending on the type of case.

Fault for Rear-End Accidents in Hawaii

Drivers in Hawaii are required to pay attention and leave enough room between vehicles to stop safely. Rear drivers are liable if an accident happens because they were following too closely for the weather, traffic speed, or road conditions.

File a personal injury lawsuit: In Hawaii, you have two years from the date of the accident to file a lawsuit for compensation.

Neither the IRS nor the state of Hawaii can levy taxes on any financial awards you receive to compensate you for a physical injury or illness. The compensation you are awarded for your physical injury can also be excluded from your gross income when you file your annual tax return.

Personal accident insurance pays out if you suffer a serious injury or die as a result of a car accident. It can also cover you if you become totally and permanently disabled. Personal injury insurance policies usually pay a fixed amount of money for specific injuries.

The minimum car insurance requirements in Hawaii are: Bodily injury liability: $20,000 per person and $40,000 per accident. Property damage liability: $10,000 per accident. Personal injury protection (PIP): $10,000 per accident.

Here are the minimum Hawaii auto insurance coverage requirements for the legal operation of an automobile in the state: Bodily injury liability coverage: $20,000 per person and $40,000 per accident. Basic personal injury protection: $10,000. Property damage liability coverage: $10,000.

Collision insurance is a type of car insurance that covers damages to your car in the event that you are in an accident. The coverage applies regardless of who is at fault for the accident.

Car insurance usually follows the car in Hawaii. The types of car insurance that follow the car in Hawaii are collision, comprehensive, and property damage liability. You're required to carry property damage liability and personal injury protection in Hawaii. PIP follows the driver, unlike liability coverage.

Although UM/UIM coverage is optional for a Hawaii car insurance plan, it can often provide additional financial protection beyond the limits of PIP coverage.