Hawaii Fault Rule
Modified Comparative Negligence (51% Bar) + Mandatory PIP ($10,000): Hawaii pairs a 51% modified comparative fault bar with a mandatory No-Fault PIP system ($10,000 minimum). Claimants must exceed $10,000 in PIP medical benefits or suffer serious permanent injury to sue for non-economic damages.
Statute of Limitations
2 Years (Haw. Rev. Stat. § 663-31, § 431:10C-306 & § 657-7): Claimants must finalize settlement agreements or initiate formal civil actions within 2 years of the collision date.
Statutory Insurance Minimums
20/40/10 ($20k bodily injury / $40k per accident / $10k property damage): These mandatory insurance minimums represent the maximum available coverage under standard policies unless the driver purchased higher optional coverage.
How Fault Apportionment Affects Claims in Hawaii
When negotiating auto accident claims in Hawaii, insurance adjusters calculate damages using an itemized formula that adds economic losses (medical bills, future treatment, lost earnings, property repair) to non-economic damages (pain and suffering, loss of enjoyment of life).
Under Hawaii Revised Statutes § 663-31, contributory negligence does not bar recovery if that negligence was not greater than the negligence of the defendant (50% or less). Under HRS § 431:10C-306, Hawaii's tort threshold requires that medical expenses incurred must exceed $10,000 or the injury must result in substantial permanent loss of bodily function before filing a third-party claim for pain and suffering. Hawaii enforces a 2-year statute of limitations under HRS § 657-7. Understanding this threshold prevents accident victims from being pressured into unfair initial liability splits during adjusters' telephone recorded statements.