Hawaii No-Fault Insurance: What Maui Accident Victims Need to Know
July 15, 2026
After a car accident on Maui, Hawaii’s no-fault insurance system determines how your initial medical bills get paid and whether you can sue the at-fault driver for additional compensation. Hawaii no-fault insurance rules differ significantly from the laws in most mainland states, and misunderstanding them can cost you thousands of dollars in unclaimed benefits.
An attorney familiar with Hawaii’s no-fault system can walk you through how it applies to your case and what options you have. The guide below can help you understand the basics of no-fault insurance in Hawaii, so you don’t walk into your first consultation with your personal injury lawyer completely in the dark.
What Does ‘No-Fault’ Mean for Maui Car Accident Victims?
In a no-fault state such as Hawaii, your own auto insurance policy pays for your medical expenses and certain other losses after a car accident, regardless of which driver caused the crash. This coverage is called Personal Injury Protection, or PIP. The goal of the no-fault system is to ensure that injured drivers receive prompt payment for medical bills without waiting for a lengthy fault determination process.
Hawaii requires every registered vehicle to carry a minimum of $10,000 in PIP coverage per person per accident under HRS §431:10C-103.5 and §431:10C-301. That $10,000 is available immediately through your own insurer and can be used for emergency treatment, doctor visits, physical therapy, and other medically necessary care following a Maui accident.
What PIP Covers After a Hawaii Accident on Maui
Basic PIP coverage in Hawaii pays for reasonable medical expenses and rehabilitation costs directly related to your accident injuries. Optional add-on PIP coverage can extend benefits to include lost wages (typically 80% of gross weekly income), essential household services you are unable to perform due to your injuries, and a death benefit for covered family members.
It is important to understand what basic PIP does not cover. Pain and suffering, general damages, and compensation for long-term disability are not included in PIP benefits. Those categories of loss require a separate tort claim against the driver who caused your accident, and that claim is only available when your injuries meet Hawaii’s severity threshold.
When Can You File a Lawsuit After a Maui Car Accident?
Hawaii’s no-fault system limits your ability to sue the at-fault driver unless your injuries meet the tort threshold established under HRS §431:10C-306(b). Tort liability is not abolished, and you may generally pursue a tort claim, when any one of several conditions is met: death, a significant permanent loss of use of a part or function of the body, a permanent and serious disfigurement, or when the personal injury protection benefits incurred as a result of your injury equal or exceed $5,000.
This $5,000 threshold is a separate, independent way to qualify to sue; you do not have to fully exhaust your PIP benefits to meet it. In calculating whether you have reached the $5,000 threshold, Hawaii law counts not only PIP benefits paid but also amounts such as applicable deductibles and copayments and certain other medical payments made on your behalf.
If your injuries cross that threshold, you may be able to recover general damages including compensation for physical pain, emotional distress, and diminished quality of life. Under Hawaii Revised Statutes §663-31, Hawaii follows a modified comparative negligence rule.
An injured victim may recover damages as long as their share of fault does not exceed 50%. If a court finds them 51% or more responsible, they recover nothing. Any award is reduced proportionally by their degree of fault.
Hawaii’s Minimum Insurance Requirements After 2026 Changes
Effective January 1, 2026, Hawaii raised its minimum bodily injury liability coverage requirements under HRS §431:10C-301 as amended by SB2342. Drivers in Maui and throughout Hawaii are now required to carry at least $40,000 per person and $80,000 per accident in bodily injury liability coverage, along with $20,000 in property damage coverage.
These increased minimums give injured Maui accident victims greater access to the at-fault driver’s insurance in serious crash cases.
Uninsured and underinsured motorist coverage remains optional in Hawaii, but insurers must offer it at the same limits as your liability coverage. Rejection of UM/UIM coverage must be made in writing. If you were hit by an uninsured driver on the Honoapiilani Highway or elsewhere on Maui, your own UM/UIM coverage may be your primary source of compensation beyond PIP.
How the No-Fault System Affects Visitors to Maui
Visitors and tourists involved in Maui car accidents face an additional layer of complexity. If a visitor is driving a rental car, the rental contract typically includes primary or supplemental insurance, and the no-fault rules apply to that policy while the visitor is in Hawaii.
Visitors who decline rental car insurance and rely on their out-of-state personal auto policy should be aware that Hawaii’s no-fault requirements may not align with their home-state policy terms.
Our Maui personal injury attorneys provide representation to visitors injured on Maui roads, and we can help identify which insurance policies are available and in what order they apply to your claim.
No-Fault vs. Tort Claim: Key Differences at a Glance
| Feature | PIP (no-fault) claim | Tort claim vs. at-fault driver |
|---|---|---|
| Who pays | Your own insurer | At-fault driver’s liability insurer |
| Fault required | No | Yes: must prove negligence |
| Medical bills | Up to $10,000 minimum | Additional amounts if threshold met |
| Pain and suffering | Not covered | Recoverable if threshold met |
| Filing deadline | Per policy terms | 2 years from injury (HRS §657-7) |
| Injury threshold required | No | Yes (HRS §431:10C-306(b)) |
Frequently Asked Questions
Does Hawaii no-fault insurance cover motorcycle accidents on Maui?
Motorcycles are generally excluded from Hawaii’s mandatory PIP requirements. Injured motorcyclists may need to rely on the at-fault driver’s liability coverage or their own optional uninsured motorist coverage.
What happens if the other driver was uninsured in Hawaii?
Your own PIP pays your initial medical bills regardless of the other driver’s insurance status. If you have uninsured motorist coverage, that policy may cover additional damages up to its limits.
How long does a PIP insurer have to pay my claim in Hawaii?
Hawaii law generally requires insurers to process PIP claims promptly. Unreasonable delays or denials may give rise to a bad faith insurance claim.
Can I still file a lawsuit if my injuries are minor?
Minor injuries that do not meet Hawaii’s tort threshold typically limit your recovery to PIP benefits only. An attorney can evaluate whether your injuries qualify for a tort claim.
Hawaii’s no-fault insurance rules are layered and even confusing for Maui accident victims navigating them alone. Leavitt, Yamane & Soldner can review your insurance coverage, evaluate your injuries against Hawaii’s tort threshold, and help you pursue every dollar you may be entitled to. Contact our legal team today at (808) 537-2525 for a free, no-obligation consultation.
Last reviewed: July 2026
Attribution: This post was reviewed by Attorney James T. Leavitt.
Disclaimer: Content is provided for informational purposes only and does not constitute legal advice. Consult a licensed Hawaii attorney for guidance specific to your situation.