Accident Settlement Calculator

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Hawaii Car Accident Settlement Calculator

In Hawaii, you generally have 2 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $40,000/$80,000 in injury liability; it is a no-fault state, so your own PIP pays first. Enter your numbers below to see what a Hawaii claim may be worth and what you would actually take home.

Hawaii changed its minimum insurance on January 1, 2026. $40,000 / $80,000 bodily injury and $20,000 property damage for new and renewal policies effective on or after January 1, 2026 (Act 138 of 2024). This calculator already applies the new rule. See all recent changes
1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Hawaii rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Hawaii uses modified comparative negligence: an injured person can recover as long as their negligence 'was not greater than the negligence of the person' (or the combined negligence of all persons) against whom recovery is sought (so 50 percent or less), with damages reduced by their percentage of fault. At 51 percent or more, they recover nothing (HRS 663-31). No 2023-2026 change was found.

Compare fault rules in all states →
Deadline to file a lawsuit2 years from the accident
Details & exceptions

HRS 657-7: actions for damage or injury to persons or property must be brought within 2 years after the cause of action accrued (subject to the tolling rules in 657-13).

Compare deadlines in all states →
Other driver's minimum insurance$40,000 per person, $80,000 per accident
Details & exceptions

Property damage minimum: $20,000. HRS 431:10C-301(b): liability coverage of not less than $40,000 per person / $80,000 per accident for bodily injury and $20,000 for property damage. The Hawaii Insurance Division says these 40/80/20 limits replaced the prior 20/40/10 minimums for all new and renewal policies with effective dates on or after January 1, 2026. The increase was enacted by 2024 legislation (SB 2342, Act 138 of 2024, per secondary sources). Personal injury protection of at least $10,000 per person is also required (see no_fault).

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Who pays your medical billsYour own PIP insurance first (at least $10,000)
Details & exceptions

HRS 431:10C-306 abolishes tort liability for accidental bodily injury from Hawaii motor vehicle accidents, except where (1) the injury causes death; (2) the injury consists in whole or in part of a significant permanent loss of use of a part or function of the body; (3) the injury consists of permanent and serious disfigurement causing mental or emotional suffering; or (4) personal injury protection benefits incurred (including comparable health insurance, workers' compensation and similar payments, deductibles and copayments) equal or exceed $5,000 (306(b)). Tort liability is also preserved for intentional injury, criminal conduct, conduct warranting punitive damages, and causing death or injury while driving in violation of HRS 291E-61 (operating a vehicle under the influence) (306(e)), and property damage liability is never abolished (306(f)). PIP pays up to $10,000 per person for medical and rehabilitative treatment regardless of fault (HRS 431:10C-103.5).

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Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. HRS 663-8.7 limits pain and suffering damages to $375,000, but provides that the limit does not apply to the tort actions listed in HRS 663-10.9(2), which include 'torts relating to motor vehicle accidents' (663-10.9(2)(F)), except as provided in 663-10.9(4) for claims about highway maintenance and design (guardrails, utility poles, street signs). So the cap does not apply to ordinary car-accident claims against other drivers. Car-accident plaintiffs must instead meet the no-fault tort threshold to recover pain and suffering at all (see no_fault).

Uninsured motorist coverageOptional
Details & exceptions

HRS 431:10C-301(b)(3): policies must include uninsured motorist coverage at the bodily injury liability minimums (now $40,000/$80,000), but it does not apply where any named insured rejects the coverage in writing. Underinsured motorist coverage must be offered in the same way; the offer must be conspicuous, show the premium, and rejection requires the insured's signature ((b)(4)). Insurers must offer stacking or UM/UIM up to the policy's bodily injury limits (301(d)).

Worked example: a typical Hawaii car accident claim

Another driver turned left into you at an intersection in Hawaii: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%. We assume your injury meets the state's serious-injury threshold.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Left after your own PIP pays$10,000Hawaii uses no fault insurance. Your own coverage pays up to $10,000 of economic losses, which is not claimed again from the at-fault driver.
  3. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  4. Total claim value$30,000 – $50,000Economic + pain and suffering.
  5. After your share of fault$24,000 – $40,000Hawaii uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  6. Limited by available insurance$24,000 – $40,000At-fault policy limit $100,000 + your UM/UIM $0.
  7. Estimated take-home$15,080 – $25,800Minus attorney fee (33%), case costs and medical liens.

You would take home about $20,440 ($15,080 – $25,800), after the 33% fee and $1,000 in case costs, on top of the $10,000 your own PIP pays.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Hawaii

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road2 years

Against a county, you must give a written report of the injury to the official named in the county charter within 2 years. Against the State, the lawsuit itself must be filed within 2 years after the claim accrues.

HRS 46-72, Liability for injuries or damages (counties)HRS 662-4, State Tort Liability Act statute of limitations

If the injured person is a child

For a child injured before 18, the 2-year clock generally does not run until the 18th birthday, though a suit can also be filed earlier on the child's behalf.

HRS 657-13, Infancy, insanity, imprisonment

How fast a Hawaii insurer must respond

Insurers must answer claim communications within 15 working days, including from people who are not their customer, decide coverage within a reasonable time, and pay undisputed amounts within 30 calendar days. Violations count when they are a general business practice.

HRS 431:13-103(a)(11), unfair claim settlement practices

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Hawaii crash

How no-fault insurance affects a Hawaii claim

In Hawaii, your own personal injury protection (PIP) coverage pays your medical bills and lost wages first, regardless of who caused the crash. You can generally pursue the at-fault driver for pain and suffering only if your injury meets the state's threshold. Tick the threshold box in the calculator if that applies to you.

Frequently asked questions

What is a typical car accident settlement in Hawaii?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault and your own PIP paying first, a Hawaii claim against the other driver is worth about $32,000, and the injured person takes home about $20,440 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Hawaii.
Is Hawaii an at-fault or no-fault state for car accidents?
Hawaii's car insurance system: No-fault. HRS 431:10C-306 abolishes tort liability for accidental bodily injury from Hawaii motor vehicle accidents, except where (1) the injury causes death; (2) the injury consists in whole or in part of a significant permanent loss of use of a part or function of the body; (3) the injury consists of permanent and serious disfigurement causing mental or emotional suffering; or (4) personal injury protection benefits incurred (including comparable health insurance, workers' compensation and similar payments, deductibles and copayments) equal or exceed $5,000 (306(b)). Tort liability is also preserved for intentional injury, criminal conduct, conduct warranting punitive damages, and causing death or injury while driving in violation of HRS 291E-61 (operating a vehicle under the influence) (306(e)), and property damage liability is never abolished (306(f)). PIP pays up to $10,000 per person for medical and rehabilitative treatment regardless of fault (HRS 431:10C-103.5).
Is there a cap on pain and suffering in Hawaii car accident cases?
No general cap for typical car accident injury claims. HRS 663-8.7 limits pain and suffering damages to $375,000, but provides that the limit does not apply to the tort actions listed in HRS 663-10.9(2), which include 'torts relating to motor vehicle accidents' (663-10.9(2)(F)), except as provided in 663-10.9(4) for claims about highway maintenance and design (guardrails, utility poles, street signs). So the cap does not apply to ordinary car-accident claims against other drivers. Car-accident plaintiffs must instead meet the no-fault tort threshold to recover pain and suffering at all (see no_fault).
What happens if I was partly at fault for an accident in Hawaii?
Hawaii follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Hawaii?
Generally 2 years for personal injury and 2 years for property damage. HRS 657-7: actions for damage or injury to persons or property must be brought within 2 years after the cause of action accrued (subject to the tolling rules in 657-13).
What is the minimum car insurance in Hawaii?
$40,000 per person and $80,000 per accident for bodily injury, and $20,000 for property damage. HRS 431:10C-301(b): liability coverage of not less than $40,000 per person / $80,000 per accident for bodily injury and $20,000 for property damage. The Hawaii Insurance Division says these 40/80/20 limits replaced the prior 20/40/10 minimums for all new and renewal policies with effective dates on or after January 1, 2026. The increase was enacted by 2024 legislation (SB 2342, Act 138 of 2024, per secondary sources). Personal injury protection of at least $10,000 per person is also required (see no_fault).
What is the deadline to file a claim against the government in Hawaii?
2 years. Against a county, you must give a written report of the injury to the official named in the county charter within 2 years. Against the State, the lawsuit itself must be filed within 2 years after the claim accrues.
How long does an insurance company have to respond to a claim in Hawaii?
Insurers must answer claim communications within 15 working days, including from people who are not their customer, decide coverage within a reasonable time, and pay undisputed amounts within 30 calendar days. Violations count when they are a general business practice.

Related

Official sources