How to protect your health, safety, and right to injury compensation after a motor vehicle accident in Hawaii.
More than 500 people are seriously or fatally injured each year in Hawaii motor vehicle accidents.¹
This page details what you need to do after a car accident in Hawaii to protect your interests and begin building a strong personal injury claim.
1. Stop At the Accident Scene
Hawaii requires drivers to stop and remain at the scene of an accident involving injuries, death, or property damage. Try not to block traffic, and be very careful exiting your car.
Duty to Exchange Information
Drivers are legally obligated to provide their name, address, and the registration number of the car they are driving, and if asked, must show their driver’s license and insurance information to the other driver or anyone injured in the accident.
Striking an Unattended Vehicle
Drivers who hit a parked vehicle or other property must stop and try to locate the owner. If the owner can’t be located, the driver must attach a written note visibly on the vehicle or other property giving the driver’s name, address, and vehicle registration number. The driver then must notify the nearest police officer.
2. Call 911 and Report the Accident
The law requires drivers (or one of their passengers) to notify “by the quickest means of communication” the police when they’re in an accident resulting in injury, death, or property damage over $3,000.
What to Tell the 911 Dispatcher
Most drivers or passengers will use their cell phone to call 911. Tell the dispatcher the street you’re on, which direction you were heading, the nearest intersecting roads or mile markers, or any other landmarks to describe your location.
Let the dispatcher know if you think anyone is in danger, or if there are hazards in the area like hanging power lines or leaking fuel. Dispatchers will usually send a police officer to an accident scene with reported hazards, traffic danger, or when people are injured.
Police Accident Report
If police investigate the accident, the officer will file an official Motor Vehicle Accident Report. The report will contain important information such as drivers’ names and contact information, weather conditions, a diagram of the scene, and an officer’s opinion of fault.
The police accident report will be an important part of your property damage and personal injury claim. Make sure you get a copy of the report for your records.
3. Assist the Injured
Good Samaritan Laws
Try to help the injured as much as you can until emergency responders arrive at the scene. Don’t be afraid of being sued for trying to help an injured person. Under Hawaii’s “Good Samaritan” statute, if you help an injured person at the accident scene without expecting to be paid, you cannot be held liable for your actions.
4. Get Prompt Medical Attention
Your injuries may not be obvious immediately after a motor vehicle collision. The shock and adrenaline rush from a sudden impact can easily mask injury symptoms, especially if you’re worried about children or other passengers in your vehicle.
This is not the time to be stoic. When a rescue squad arrives on the scene, let the medics evaluate your injuries. Don’t wave them off and say “I’m fine.” Tell them everything you are feeling, including dizziness or nausea.
Refusing or delaying medical care after an accident can undermine your insurance claim as well as your health. If you aren’t taken directly to the hospital by ambulance, get yourself to your primary care physician or an urgent care center as soon as possible, preferably the same day as the accident.
Tell your medical providers exactly when and how you were injured. Describe all your symptoms and injuries, from bumps and bruises to broken bones. You are entitled to compensation for all your injuries, not just the most serious one.
5. Begin Collecting Evidence at the Scene
The burden is on you to prove fault in any claims you make against the at-fault driver or their insurance company.
After exchanging information with the other driver, begin collecting evidence at the scene that will support a successful insurance claim. Do not delay medical care or aggravate your injuries in an effort to gather evidence.
Types of Evidence:
- Vehicles: Write down the make, model, year, license plate number, expiration date, and a description of the damage to each vehicle involved in the crash.
- Witnesses: Witnesses are not legally required to talk to you, but you can try to speak with them to find out if they saw anything that might help your claim. If you have a cooperative witness, ask for their name and contact info. Record a statement if they’re willing to let you take a video or voice recording.
- Photos and Video: Walk around the crash area, taking as many pictures and videos of the vehicles from different angles as you safely can. Sometimes, pictures and videos can help show how the driver and passengers were acting, what they were saying, apparent intoxication, and other important factors.
- Diagrams: Make a drawing of the accident scene to show the location of the cars, and the direction each car was heading. Indicate road conditions like construction zones, and add notes about the weather, time of day, visibility, and anything else that could have contributed to the accident.
- Passengers: Ask for passengers’ full names and contact information. Passengers are not required to disclose any information to you. If they refuse, you can make notes for yourself about the number and approximate ages of passengers, and a description of the appearance, statements, and behaviors you saw and heard.
6. Notify Your Auto Insurance Company
Drivers who are involved in any kind of vehicle accident are contractually obligated to notify their insurance company of the accident. Your policy will have notification language that looks something like this:
“Insured (you) agrees to notify the insurer (your insurance company) of any accidents and thereafter comply with all information, assistance, and cooperation which the insurer reasonably requests, and agrees that in the event of a claim the insurer and the insured will do nothing that shall prejudice the insurer’s position…”
The insurance company is also bound by the policy and has a duty to defend you if you get sued after an accident.
No-Fault Injury Claims
Hawaii is a no-fault insurance state, meaning your injury claim must first be filed under the Personal Injury Protection (PIP) coverage on your own policy, no matter who caused the accident.
Auto insurance policies issued in Hawaii must have at least $10,000 in PIP coverage, although the policyholder can choose to purchase higher limits.
7. Notify the At-fault Driver’s Insurance Company
Hawaii is a no-fault state for minor to moderate injury claims, but the at-fault driver is not entirely off the hook. PIP does not cover property damage, so you can expect the at-fault driver’s insurance company to pay for your vehicle repairs after processing your claim.
Crossing the No-Fault Threshold
Car accident victims with injuries serious enough to cross the no-fault threshold can file a personal injury claim against the at-fault driver’s auto policy, or sue the at-fault driver.
Criteria to cross the no-fault threshold:
- Insurance has paid out more than $5,000 for medical bills
- Permanent disfigurement that creates emotional distress
- Significant permanent loss of use of a body part
- Injuries resulting in death
Drivers in Hawaii are required to carry auto insurance with liability coverage of no less than $20,000 per person and $40,000 per accident, with $10,000 coverage for property damage.
8. Consult a Personal Injury Attorney
If you have fully recovered from minor injuries, you may decide to file your own claim under your policy’s PIP coverage.
If you suffered serious injuries or you have a complicated case, you owe it to yourself to consult an experienced attorney. Most Hawaii injury attorneys offer a free consultation to victims and their families.
Complicated accident cases include:
- Wrongful death
- Allegations of shared fault
- Injuries that cross the no-fault threshold
- Multiple-vehicle accidents
Personal injury attorney fees, also known as “contingency fees,” are paid out of the final insurance settlement or court award. These fees can range from 33% up to 40% of the gross settlement amount or court verdict. If your attorney fails to settle your claim or loses your court case, you won’t owe any fees.