Hawaii Car Accident Report Basics

By Kit Yona, M.A. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed May 07, 2024

No matter which Hawaiian island you're on, there's always the chance you might have a car accident. Being in a tropical paradise doesn't remove the threat of suffering a personal injury in an auto accident. Hawaii law has certain requirements for those involved in a wreck, and figuring out what to do in the chaotic aftermath can be a recipe for disaster.

Knowing what's expected of you can be a tremendous help. Understanding your legal obligations is a good idea if you have been in a car accident in Hawaii. The road to recovery is much smoother if you know the steps.

This article discusses Hawaii car accident laws before discussing what to do after an auto accident. We'll examine police reports, how to handle auto insurance claims and insurance companies, and who handles medical expenses. You'll learn how to seek remedy if you've suffered a personal injury.

Hawaii Car Accident Laws

Hawaii's automotive laws are designed to protect motorists and keep the roads safe. Every driver must have a valid driver's license, register their vehicle, and carry liability insurance. They also need to know and follow the laws.

Motor Vehicle Requirements in Hawaii

If you're involved in an accident, Hawaii law mandates that you stay at the accident scene. While you must contact the police if the accident results in any injury, death, or damage to property to a clear extent at or over $3,000, it's a good idea to bring in law enforcement for any crash that isn't minor.

Auto Insurance Policy Requirements

You must carry liability insurance in Hawaii. While you can have higher limits, the bare minimums are as follows:

$20,000 for bodily injury per person/$40,000 for bodily injury per accident
$10,000 for property damage per accident
$10,000 personal injury protection (PIP) per person

Also, you have the choice of adding optional forms of insurance. These include:

Collision insurance
Comprehensive insurance
Underinsured and uninsured coverage insurance

You must be able to show proof of insurance on demand.

Hawaii Fault and Negligence Laws

Hawaii is a no-fault state. This means your motor vehicle insurance company will pay the bills for your injuries and your passengers' injuries up to the personal injury protection benefits (PIP) limit. You can't sue the other driver for medical bills unless you've suffered a serious injury.

No-fault doesn't apply to vehicle and property damage, so if the other driver caused the accident, their insurance company will pay to fix your vehicle.

Hawaii law also uses a doctrine known as modified comparative negligence. This means that a plaintiff can't recover damages if they are more at fault than the defendant, and any possible financial recovery will be diminished in proportion to the plaintiff's proven fault, if any.

For a deeper explanation of how no-fault and modified comparative negligence may affect your recovery, look at FindLaw's Hawaii Car Accident Compensation Laws article.

After an Accident: What To Do

Auto accidents are shocking and disruptive. It's normal to feel shaken up and confused after experiencing one. As difficult a time as it may be, it's important for you to take certain steps while following Hawaii's laws on car accidents.

Don't leave the scene of the accident. Doing so will be a hit-and-run, resulting in fines and license suspension. If any of the others involved got injured or killed, you'll face serious consequences for leaving the scene.

The safety of all involved is the most important thing. If anyone got injured, help if you can. Alert the 911 operator of any personal injury so that emergency medical help is available on the way.

Unless they're in danger, don't move the vehicles. The police need to observe the scene. While law enforcement will gather data for the police report, it's a good idea to exchange information such as name, phone number, driver's license number, insurance company name, and insurance policy with the other involved drivers.

If there are witnesses, get their contact information. Don't give out any other personal information.

When the police arrive, answer their questions truthfully to help them fill out the accident report. Alert your insurance company as soon as possible. Even if it wasn't your fault, you must still file a claim with your carrier.

If you got injured in the accident, seek medical attention. Keep copies of all medical bills and treatments. Your insurance company will need these at some point. Consider speaking with a car accident lawyer if you encounter difficulty at any stage.

Our Hawaii Car Accident Settlement Process and Timeline article explains what to expect as you seek recovery.

Hawaii Auto Accident Police Reports

The car accident police report is one of the most important documents about your incident. The report is a critical part of the process. Insurance companies will use it to help determine who should get payment and how much.

You should be able to pick up a copy within 10 days of your request. In most cases, the police report will be available at the police station in the jurisdiction where the accident happened. Some information may get redacted, such as names of juveniles or Social Security numbers.

The accident report is several pages long and will get filled with what the responding officer sees at the accident scene. This may include:

Statements and contacts from any witnesses
Statements from all drivers
Diagrams showing the type of collision
General information such as weather, time of day, road conditions, traffic signals, and more
Data from all involved drivers, including licenses, addresses, insurance information, and contact information
Positions of the vehicles after the crash and the visible damage
What medical facility the ambulance took injured people to

Try to be calm and polite when giving your side of the story. The officer's job is to be objective, as they were not a witness. Be truthful with your account, but try not to admit fault.

Hawaii Car Accident Report Laws Overview

The chart below provides a summary of state laws related to Hawaii car accident reports, including links to key statutes. You can do more research at FindLaw's Hawaii Law section.

Relevant Hawaii auto statutes	Requirements on scene: §291C-11 to 291C-18 Police notification/report: §291C-16 to 291C-20; 287-4
Law enforcement notification required	Must notify police immediately if accident involves injury, death, or total property damage to an apparent extent of at least $3,000
Report required	Must submit written or in-person report to chief of police if accident involves injury, death, or total property damage to an apparent extent of at least $3,000. This is not required if law enforcement responded to the accident.
Report deadline	Must submit report at earliest practical time, and in any event within 24 hours after the accident
Who must report	Every driver involved in the accident If driver is physically incapable of reporting, any occupant must make the report; if incapacitated driver is not the owner of the vehicle, the owner must file the report within 10 days of learning about the accident

Note: State regulations are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.