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HAWAII GUIDE 19

Hawaii Crash Damages & Property Loss

Hawaii’s no-fault system limits tort recovery for accidental motor-vehicle injury. Under HRS § 431:10C-306, tort liability is preserved when the injured person dies, sustains a significant permanent loss of use of a body part or function, sustains permanent and serious disfigurement causing mental or emotional suffering, or incurs at least $5,000 in qualifying PIP benefits under the statutory calculation.

  • Separate PIP benefits from tort damages and identify the exact threshold category relied upon.
  • Track qualifying PIP benefits incurred for purposes of the $5,000 statutory threshold.
  • Document permanent functional loss, disfigurement, death and other threshold evidence when applicable.
  • Document past and future medical expenses, income loss and noneconomic damages where tort recovery is permitted.
  • Handle vehicle repair, total loss, loss of use and other property damage separately; § 431:10C-306 does not abolish property-damage tort liability.

Primary Hawaii Source

HRS § 431:10C-306 — abolition of tort liability and statutory exceptions.

Current-law review: September 17, 2026. Verify the date-of-loss statute, qualifying PIP calculations and controlling Hawaii appellate authority before publication or reliance.