Hawaii Government Vehicle Crashes & Public Entity Claims

State claims are governed by the Hawaii State Tort Liability Act

HRS § 662-2 waives state immunity for qualifying employee torts and makes the State liable in the same manner and to the same extent as a private individual under like circumstances, subject to statutory exceptions and limitations.

State tort claims generally carry a two-year limitation

HRS § 662-4 generally requires a tort action against the State to be commenced within two years after accrual, subject to the statute’s special rules. State claims should therefore be calendared separately from ordinary private-party claims.

County claims use a different statutory framework

Counties do not fall under chapter 662 in the same manner as the State. HRS § 46-72 governs county injury/damage claims and contains its own written-notice and timing requirements. The correct public entity and recipient must be identified at the outset.

• Identify the public entity and employee.
• Determine whether the employee acted within the scope of public employment.
• Calendar the correct state or county deadline.
• Preserve dispatch, body-camera, dash-camera, fleet and maintenance records.