Injury · Hawaii
the short answer
You have two years from the day of the crash to file, and no amount of talking to an insurer extends it. Being partly to blame reduces what you collect, and being more than half to blame ends the claim. Your own insurer pays the medical bills first, and there is a threshold to clear before you can sue the other driver for pain and suffering at all.
source ↗Not yet checked against the statute.
governing statute
HRS § 657-7
source ↗Not yet checked against the statute.
who pays first
Hawaii is a no-fault state. Your own policy pays the medical bills whoever caused the crash, and you may sue the other driver for pain and suffering only if the medical-rehabilitative limit is exceeded or the injury causes death, permanent loss of a body part or function, or permanent and serious disfigurement. Under that line the claim against them is barred however plainly they were at fault. (HRS § 431:10C-306)
source ↗Not yet checked against the statute.
Across the country. 9 of the 51 states written up answer this the same way as Hawaii. Compare every state →
your share of the fault
You recover unless your share of the fault is greater than everyone else's put together. Fifty percent still recovers, fifty-one recovers nothing, and below the bar the award is cut by your percentage. (HRS § 663-31)
source ↗Not yet checked against the statute.
Across the country. 24 of the 51 states written up answer this the same way as Hawaii. Compare every state →
limit
2 years
source ↗Not yet checked against the statute.
Across the country. 25 of the 51 states written up answer this the same way as Hawaii. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
which court
Small claims division of the district court
source ↗Checked against the statute on 2026-08-25
small claims limit
$5,000
source ↗Checked against the statute on 2026-08-25
exceptions: A dispute about a residential security deposit has no dollar limit here at all, and this is the only court that may hear one, unless an eviction case is already running in the district court. Punitive damages cannot be awarded and class actions are barred.
source ↗Checked against the statute on 2026-08-25
your situation
Everything above is the law as it reaches everyone in Hawaii. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
a car accident — state by state →other claims in this state →
sponsors