Unfortunately, many car accidents happen across the Hawaiian islands. Busy roads, construction, people looking at the local sights, varied speed limits, and drunk driving can all lead to pile-ups and crashes. Car accidents can be scary and often lead to physical and emotional damage. It can also be overwhelming to think through what you must do to ensure your injuries and property damage are covered. That’s why it’s essential to understand the answer to the question, Is Hawaii a no-fault state for car accidents?
Is Hawaii an At-Fault State or a No-Fault State?
Hawaii is a modified no-fault state for car accidents where medical benefits are handled on a no-fault basis, but property damage and bodily injury liability are handled on an at-fault basis.
Every motor vehicle must carry motor vehicle insurance. The insurance policy must also meet certain minimum limits, including:
- Personal injury protection (PIP)—at least $10,000 per person for each car;
- Property damage—$10,000 per accident ($20,000 eff. 1/1/26);
- Bodily injury or death—$20,000 for one person in an accident ($40,000 eff. 1/1/26); $40,000 for two or more people in an accident ($80,000 eff. 1/1/26).
These are minimum coverage amounts, which may not be enough to cover the costs in serious accidents with severe injuries and property damage. Most insurance companies offer the option to buy optional additional coverages or benefits beyond these minimums. In addition, some types of vehicles, such as Uber, LYFT, Turo and taxi cabs may have higher minimum limits.
Hawaii has a no-fault system for PIP insurance, meaning accident victims must first file a claim with the insurance company for the vehicle they were occupying after a crash to receive medical expense benefits. Without considering who caused the accident, each vehicle’s insurance company is responsible for paying the occupant’s related medical expenses and certain other losses. In certain situations pedestrians, bicyclists, and some others may be covered by the insurance on the vehicle which caused their injuries or their own insurance company.
No-fault insurance aims to simplify the process for those who have been in a car accident and require medical treatment. By having access to medical benefits right away, an accident victim can avoid the long wait of a lawsuit against a negligent party or waiting for insurance companies to fight over who is at fault.
What Does PIP Insurance Cover?
When you file a claim with your insurance carrier, basic personal injury protection (“PIP”) covers medical costs related to injuries sustained in the car accident. Covered medical costs may include hospitalization, ambulance, surgeries, X-rays, doctor appointments, prescribed therapy, medical supplies, and medication.
If you have added optional coverage, your insurance may also cover:
- Lost wages—if you are unable to work due to the injuries you received from the accident, wage loss benefits may cover some amount of lost wages; and
- Essential services—expenses for services you cannot perform due to your injuries, such as housekeeping or childcare.
- Death benefits–essentially life insurance for motor vehicle accident deaths.
PIP does not cover general or noneconomic damages for injuries, such as pain and suffering, disfigurement, loss of enjoyment of life, loss of consortium, or emotional distress. Nor does it cover property damage to your vehicle.
PIP insurance allows Hawaii residents to get the medical treatment they need quickly without waiting years to determine who is at fault.
Is It Possible to Collect Compensation for General and Property Damages?
The Aloha state’s no-fault system generally limits most car accident victims to collecting PIP medical benefits and damage to their vehicles and property. Only those who meet certain requirements may recover compensation for general damages from the driver who caused the crash.
How to Recover General Damages
You can pursue a claim against the at-fault driver for personal injury, including general and special economic and noneconomic damages if the injuries meet certain thresholds. The serious injury thresholds include:
- Medical expenses of $5,000 or more;
- Permanent loss of a body part or function (e.g., loss of vision, an amputated limb, or permanent impairment of a vital bodily function);
- Serious, permanent disfigurement that causes mental or emotional suffering (e.g., permanent scarring that severely impacts a person’s appearance);
- Significant impairment that substantially limits one’s ability to perform their work or daily activities;
- Death; or
- Criminal, intentional, or extreme conduct resulting in punitive damages.
If the injuries meet any of these thresholds, you may be able to file a personal injury lawsuit against the at-fault driver to recover compensation in addition to PIP-covered expenses.
How to Recover Property Damages
In Hawaii—a no-fault state—the PIP insurance applies to injuries, not to cover repairing or replacing your damaged car after an accident. That means you can bring a claim against the at-fault driver’s car insurance company for damages to the vehicle and property under the property damage liability coverage. That is why vehicles must carry a minimum of $10,000 for property damage.
Alternatively, if you have collision coverage, you may be able to file a claim under your own policy after paying your deductible. This may be a better option if your property damage exceeds the amount available from the at-fault’s property damage coverage. If you are unsure of the best way to pursue compensation, consider speaking with a knowledgeable and experienced personal injury attorney.
Cronin, Fried, Sekiya, Kekina & Fairbanks Can Help If You’ve Been in a Car Accident
If you or a loved one has been in a car accident, our firm can help you understand if you may be entitled to compensation. It is important to reach out to an attorney before settling with an insurance company and to understand all of your options. Our experienced car accident attorneys at Cronin, Fried, Sekiya, Kekina & Fairbanks can review your case and see if there is a way to get more compensation than the insurance company is offering. We can also investigate who was at fault, place a value on your case, negotiate settlements, and advocate on your behalf if the case goes to trial.
Since 1973, our attorneys have successfully served Hawaii residents, visitors and military personnel who have been injured or killed in car accidents. In many cases, we have fought and won millions of dollars in compensation for our clients to cover the high costs related to injuries, disfigurement, and death. Our senior attorneys have all received the highest AV Rating from Martindale-Hubbell, and more than twenty Best Lawyers in America “Lawyer of the Year” awards published annually in Honolulu magazine, as well as Super Lawyers recognition, attesting to their strong legal ability and high ethical standards as judged by their peers and client reviews. Contact Cronin, Fried, Sekiya, Kekina & Fairbanks today to learn how we can help you with your car accident case and navigating no-fault insurance.
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