Yes, Hawaii is a no-fault state. If you’re involved in a car accident, your own insurance company pays for your medical expenses, lost wages, and some out-of-pocket costs, regardless of who caused the crash. This is done through your Personal Injury Protection (PIP) coverage.
At Recovery Law Center, we understand how confusing the no-fault system can be. Many clients come to us not knowing what no-fault insurance covers or when they can take legal action against an at-fault driver.
Our goal is to help you understand your rights under Hawaii law, especially if you’ve been injured and need medical care, support, or help recovering fair compensation. We assist car accident victims every day in processing their claims, whether they involve basic PIP insurance or more serious situations where injuries extend beyond what no-fault coverage provides.
How Recovery Law Center Can Help You With Personal Injury Claims in a No-Fault State
At Recovery Law Center, we bring real-world experience helping injured people in Hawaii navigate the state’s no-fault insurance rules and take action when serious injuries occur. Here’s how we support you at each step:
- We explain what your auto insurance really covers. Many people are unsure what their PIP insurance includes. We review your policy and explain your benefits in plain language so you can make informed decisions.
- We help you determine if you can step outside the no-fault system. If your injuries are severe enough under Hawaii law, you may be able to file a claim against the at-fault driver. We assess if your case qualifies.
- We guide you through the claims process from start to finish. From filing your PIP coverage paperwork to dealing with the insurance company, we handle the details so you can focus on your recovery.
- We support clients throughout Hawaii. Whether you’re in Honolulu or elsewhere on the islands, we assist people with motor vehicle claims involving serious injuries, long recovery times, or denied benefits.
- We help you understand your legal rights after a crash. If you’re unsure what to do after a car accident, we provide clear steps and answer your questions.
- We focus on helping you recover the full compensation you may deserve. If you’re eligible to file a personal injury claim beyond no-fault benefits, we work to pursue the support you need for medical care, lost wages, and more.
Understanding Hawaii’s No-Fault Car Insurance System
Hawaii’s no-fault system means that, after an auto accident, you first turn to your own policy to cover medical bills, no matter who caused the crash. This includes coverage for medical treatment, lost wages, and certain household services, up to the limits of your PIP coverage.
This system helps you get treatment quickly and avoid going to court for minor accidents. However, this doesn’t mean fault doesn’t matter. While your PIP benefits cover immediate needs, you may still file a claim against the other driver if your injuries meet the state’s legal standards for stepping outside the no-fault system.
Hawaii also requires drivers to carry additional auto insurance coverages, such as bodily injury liability and property damage protection. These come into play when someone suffers serious injuries or when a lawsuit becomes necessary.
If your accident is more than just a minor crash or your medical bills are adding up, it might be time to look into your legal options, especially if the crash involved drunk driving, distraction, or reckless behavior.
What Personal Injury Protection (PIP) Covers
In Hawaii, personal injury protection is mandatory for every registered vehicle. PIP covers a wide range of expenses after an accident, including doctor visits, hospital stays, medications, therapy, and sometimes even faith healing if the patient chooses to use that form of treatment.
The minimum required PIP insurance in Hawaii is $10,000 per person. While this helps with initial medical bills, it’s not always enough, especially in cases with severe injuries or long recovery times. Many drivers choose to carry higher PIP limits for greater protection.
In addition to medical care, PIP helps with wage loss benefits if you can’t work due to your injuries. It may also cover essential services, such as:
- Childcare
- Household help
- Transportation to appointments
In fatal accidents, PIP can provide death benefits to the surviving family. Keep in mind that PIP only covers your costs. It doesn’t cover the cost of a damaged car or the other driver’s injuries. For that, different parts of your auto insurance policy apply, such as collision coverage and bodily injury liability.
When Can You Sue the At-Fault Driver?
Although Hawaii uses a no-fault system, you can sue the at-fault driver if the injuries you sustained meet certain legal thresholds. These include permanent damage, disfigurement, or significant impairment of a vital bodily function. You can also sue if your medical expenses exceed $5,000.
This is often necessary in crashes involving severe injuries, where the financial impact reaches far beyond the scope of no-fault benefits. Examples include cases of permanent impairment, scarring, loss of mobility, or ongoing mental or emotional suffering.
Our team at Recovery Law Center helps clients determine if their car accident case qualifies for an exception to the no-fault limits. If your condition meets the legal standard, we can assist you in pursuing a claim to recover the full amount of your damages.
Liability, Property Damage, and Underinsured Motorist Coverage
Hawaii law also requires drivers to carry fault insurance in the form of bodily injury liability and property damage coverage. These parts of your auto policy protect others if you are found at fault in a crash. According to the Hawaii Department of Commerce and Consumer Affairs, the minimum limits are $20,000 per person and $40,000 per accident for injuries, plus $10,000 for property damage.
If the other driver caused the crash and your injuries are serious enough, you can file a claim against their liability coverage, but only if your injuries meet Hawaii’s serious injury threshold. If the other driver has little or no insurance, your underinsured motorist coverage may apply. This helps cover medical costs and losses that exceed what their insurance will pay. It also helps in hit-and-run situations or if the at-fault driver has no insurance.
Having strong motor vehicle insurance with optional protections can make a significant difference in the amount you recover. These coverages serve as a safety net in the event of unexpected road incidents.
Comparative Fault in Hawaii Car Accident Cases
Hawaii uses a modified comparative fault rule. This means that if you’re partly responsible for the accident, your ability to collect compensation may be reduced. As long as you’re less than 51% at fault, you can still recover money.
For example, if your total damages are $100,000 and you’re 20% at fault, you would receive $80,000. However, if you’re more than 50% responsible, you cannot recover any damages.
This system emphasizes the importance of gathering strong evidence immediately after the crash. That includes:
- Taking photos of the scene
- Writing down what happened
- Collecting witness names
- Being cautious when speaking to an insurance agent
- Avoid giving a recorded statement without legal advice
At Recovery Law Center, we help clients understand how fault may impact their claims and work to show the other driver’s role in causing the crash. Even if you think you may be partly at fault, it’s worth having your case reviewed.
Contact Us If You Were Hurt in a Car Accident in Hawaii
Being in a crash is hard enough without the added confusion of dealing with the no-fault car insurance system. You don’t have to figure it out alone.
If you were hurt, have significant medical expenses, or are unsure who will pay for your care and lost wages, reach out to Recovery Law Center. We assist car accident victims across the island, whether the crash involved drunk driving, distracted driving, or another cause.
Get clear answers about your rights. Call us at (808) 435-7015 or complete our online form for a free case review. We’re here to help people in Hawaii understand their rights after an auto accident and make sure they receive the necessary assistance to move forward.
