Injured as a Passenger in Hawaii: Your Right to Recover
Passengers are almost never at fault. Learn how injured passengers can recover from one or more drivers after a Hawaii crash.
An injury can change everything in a matter of seconds. If you were hurt in Hawaii because of someone else's carelessness, you have the right to seek compensation for your medical bills, lost income, and the pain you have endured. This guide walks through what you need to know, the deadlines that apply, and the practical steps that protect both your health and your claim.
Remember that Hawaii's filing deadline for most injury claims is two years (Hawaii Revised Statutes § 657-7), so it pays to understand your rights early.
Driving Conditions That Cause Hawaii Crashes
Hawaii roads combine heavy tourist traffic, unfamiliar rental drivers, narrow rural highways, frequent rain, and congested corridors like Honolulu's H-1 — one of the most heavily traveled freeways in the country.
Because Hawaii is a no-fault auto state, your own PIP coverage pays initial medical bills regardless of who caused the crash. But once your medical expenses pass the $5,000 threshold, you may step outside the no-fault system and pursue the at-fault driver for the full value of your injuries, including pain and suffering.
How Hawaii Law Applies
Filing deadline
Hawaii's statute of limitations for most personal injury claims is generally two years from the date of injury under Hawaii Revised Statutes § 657-7.
Shared fault
Hawaii follows a modified comparative negligence rule (HRS § 663-31): you can recover compensation as long as you are not more than 50 percent at fault, with your award reduced by your share of fault. If you are found 51 percent or more at fault, you cannot recover.
No-fault insurance
Hawaii is a no-fault auto insurance state. Your own Personal Injury Protection (PIP) coverage pays initial medical bills regardless of fault, but you must generally exceed a $5,000 medical-expense threshold (or suffer a qualifying serious injury) before you can pursue a claim for pain and suffering against the at-fault driver.
What to Do After Your Injury
Get medical care immediately
Your health comes first, and prompt treatment also creates a record connecting your injuries to the accident — something insurers scrutinize closely.
Document everything
Photograph the scene, your injuries, and any property damage. Collect names and contact details of everyone involved and any witnesses.
Report the incident
File the appropriate report — a police report for a crash, an incident report with a property owner, or a notice to the relevant agency.
Be careful what you say
Avoid admitting fault or giving a recorded statement to the other side's insurer before speaking with an attorney.
Talk to a Hawaii injury attorney
A lawyer can preserve evidence, handle the insurer, and make sure you do not settle for less than your claim is worth.
Compensation You May Be Able to Recover
- Medical expenses. Emergency care, hospital stays, surgery, medication, rehabilitation, and the cost of future treatment your injuries will require.
- Lost income. Wages you missed during recovery, plus reduced earning capacity if your injuries limit your ability to work going forward.
- Pain and suffering. The physical pain and emotional distress caused by your injury, though Hawaii caps most noneconomic damages at $375,000 under HRS § 663-8.7.
- Out-of-pocket costs. Travel to medical appointments, assistive devices, home modifications, and other expenses tied to your recovery.
Injured in Hawaii? Get a Free Case Review
Talk to a legal specialist today — no cost, no obligation, no fee unless you win.
Related Practice Areas
Frequently Asked Questions
Most personal injury claims in Hawaii must be filed within two years of the injury (Hawaii Revised Statutes § 657-7). Some claims, such as maritime cases, follow different deadlines, so confirm yours with an attorney as soon as possible.
Hawaii uses a modified comparative negligence rule. As long as you were not more than 50 percent at fault, you can still recover, though your award is reduced by your share of the blame.
Most Hawaii personal injury attorneys work on contingency. You pay no upfront fee, and the attorney is paid a percentage only if they recover money for you.
Most injury claims settle without a trial. But hiring an attorney prepared to go to court often leads to a stronger settlement, because insurers know the claim is serious.
Talk to a Hawaii Personal Injury Lawyer
You do not have to navigate this alone. The attorneys in our network handle Hawaii injury claims every day and know how to deal with insurers, preserve evidence, and fight for the full value of your case. The consultation is free, and there is no fee unless they win.
Call 973-566-5599 any time, day or night, or request a free case review online. A legal specialist will review your situation and reach out, usually within the hour.