Hawaii No-Fault Threshold: When You Can Sue After a Car Accident

By the FigureMyTax Editorial Team · How we calculate

Hawaii abolishes tort liability for accidental harm from motor vehicle accidents, but you may still sue if you die, if your injury is a significant permanent loss of use of a part or function of the body or a permanent and serious disfigurement that causes mental or emotional suffering, or if your PIP benefits incurred equal or exceed $5,000.

The four exceptions

Hawaii Rev. Stat. 431:10C-306(b) lists them: (1) death; (2) an injury that consists in whole or in part of a significant permanent loss of use of a part or function of the body; (3) an injury that consists of a permanent and serious disfigurement that results in mental or emotional suffering; and (4) an injury as a result of which the PIP benefits incurred equal or exceed $5,000.

What counts toward $5,000

The count includes PIP benefits incurred, paid or payable, and amounts paid directly by or for the insured; similar benefits under social security, workers' compensation or public assistance laws; deductibles and copayments paid or incurred; and, for a person not entitled to PIP, amounts paid by health insurance or other funds, but not charges beyond what the chapter allows. Where a person has optional coverage, benefits above the basic PIP limit are not included.

Whether or not PIP applies

Subsection (c) says subsections (a) and (b) apply whether or not the injured person is entitled to receive PIP benefits, and that the party against whom the presumption is directed has the burden of proof to rebut it.

What is never abolished

Subsection (e) preserves liability of people in the vehicle business for defects caused by their acts or omissions, and criminal or civil liability, including special and general damages, of anyone who intentionally causes injury, engages in criminal conduct that causes injury, engages in conduct resulting in punitive damages, or causes death.

Fault and deadlines

If you may sue, your negligence does not bar recovery unless it is greater than the negligence of the person or persons you seek recovery from (663-31), and an injury action must be filed within two years (657-7). See Hawaii comparative negligence and Hawaii statute of limitations.

Using the calculator

The Hawaii no-fault calculator tests all four exceptions and combines PIP with your claim. For how non-economic damages are valued, see Hawaii pain and suffering and economic vs. non-economic damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Hawaii's rules apply to your specific case with a licensed Hawaii attorney.