Uninsured vs. Underinsured Motorist Coverage in Hawaii

By the FigureMyTax Editorial Team · How we calculate

Hawaii requires UM and UIM coverage unless a named insured rejects it in writing. A vehicle is underinsured when its liability limits are less than the liability for damages imposed by law, and the no-fault law limits which injuries support a tort claim.

Required coverage

HRS 431:10C-301(b) requires liability limits of not less than $40,000 per person and $80,000 per accident for bodily injury and $20,000 for property damage, UM coverage for vehicles registered or principally garaged in Hawaii in the same bodily injury limits, and coverage for loss from underinsured vehicles. UM does not apply where any named insured rejects it in writing, and a UIM offer must be conspicuous, show the premium next to it and provide for written rejection by signature.

Who counts as uninsured or underinsured

Under 431:10C-103, an uninsured vehicle is one with no bodily injury liability insurance or self-insurance applicable at the time of the accident, or an unidentified vehicle that causes an injury, if the accident is reported to the police or proper authority within thirty days or as soon as practicable. An underinsured vehicle is one where the sum of the limits of all bodily injury liability coverage and self-insurance applicable at the time of loss is less than the liability for damages imposed by law.

What annotations report

Annotations to the statute report that a person need not exhaust the tortfeasor's policy before claiming UIM and that exhaustion clauses are void as against public policy (90 Haw. 302), and that to obtain UIM the liability for damages must exceed the total bodily injury limits, with payments and settlements not part of that analysis (120 Haw. 329 (App.)). We did not read those opinions, so confirm the current law with an attorney.

The no-fault threshold

Hawaii abolishes tort liability for motor vehicle accidents except for death, significant permanent loss of use of a part or function of the body, permanent and serious disfigurement that subjects you to mental or emotional suffering, or personal injury protection benefits incurred of $5,000 or more, counting listed items such as deductibles and payments by health insurance. A claim for UM benefits against the insurer must meet the article's requirements (431:10C-306). Personal injury protection benefits are payable without regard to fault (431:10C-304).

Deadlines and next steps

Actions for damage or injury to persons must be instituted within 2 years after the cause of action accrued (HRS 657-7). Stacking is a separate question; see our statute post and the explainer, then use the Hawaii UM/UIM stacking calculator.

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.