See the average payouts for rear-end car accident injuries in Hawaii. Find cases with injuries like yours for comparison.
Rear-end collisions are the most common type of accident in the United States, accounting for 29 percent of all car crashes.¹
The average injury settlement for a moderate rear-end collision in Hawaii is $20,400 based on our sample group of cases. Individual settlement amounts ranged from $595 for minor soft-tissue injuries to $374,000 for severe neck and back disc injuries.
Average Payouts for Hawaii Rear-End Collisions
Our payout data comes from a collection of actual rear-end collisions in Hawaii. The collection does not include wrongful death cases or claims that were denied without payment.
Average Payout by Severity of Injury |
|
|---|---|
| Minor Injury | $4,400 |
| Moderate Injury | $20,400 |
| Severe Injury | $374,000 |
Neck and back injuries are the predominant injuries in our rear-end accident group.
Factors Affecting Hawaii Settlement Amounts
The overriding factor in calculating an injury settlement is the scope and severity of the claimant’s injuries. Car accident victims in Hawaii with minor to moderate injuries may be limited to settling for their medical bills and lost wages. Those with serious injuries can pursue compensation for all damages, including pain and suffering.
Key factors that may influence your settlement:
- No-Fault Rules – Hawaii is a no-fault insurance state. You and your passengers must first file your injury claim under your Personal Injury Protection (PIP) coverage, regardless of who caused the crash. PIP does not pay for non-economic damages.
- Contributory Negligence Rules – If your injuries are serious enough to cross the no-fault threshold, you can file a claim against the at-fault driver’s policy, or sue the at-fault driver, even if you contributed to the cause of your injuries. You are eligible for compensation so long as you are equally or less to blame for your injuries than the other driver. Your potential payout will be reduced according to your share of fault.
- Liability Limits – Drivers in Hawaii are required to carry minimum bodily injury liability coverage of $20,000 per person and $40,000 per accident. The minimum liability coverage may not be enough to cover severe injury damages.
- Multiple Claimants – When multiple people are seriously injured in the same accident, the at-fault driver’s liability limits may not be enough to go around. The insurance company may ask the court to decide how to distribute the available funds.
- Uninsured (UM) and Underinsured (UIM) Coverage – Insurers are required by law to offer optional uninsured and underinsured motorist coverage to policyholders. Your final payout will be higher if you can make a UM or UIM claim for injuries.
- Location – Courts in some venues and jurisdictions are known for high jury awards to car accident plaintiffs. The insurance company may offer a better settlement to keep your case out of court.
- Non-Economic Damage Caps – Hawaii lawmakers have placed limits on non-economic damages (like pain and emotional distress) to $375,000 in most personal injury cases.
Minor Injury Case Examples
Minor injuries from a rear-end collision are usually soft-tissue injuries such as sprains, strains, bruising, and scrapes. Most victims fully recover within a week or two with no lingering issues.
Rear-End Collision Without Vehicle Damage
Type of Injury: Soft tissue back and neck injuries
Award/Settlement Amount: $595
Case Summary: Defendant rear-ended plaintiff’s vehicle. Plaintiff had previously undergone cervical fusion due to a work-related injury and was involved in two prior auto accidents with neck and back injuries. Defendant admitted liability and disputed causing plaintiff’s damages. Plaintiff alleged that his prior injuries had substantially resolved prior to the accident and that he suffered soft tissue neck and back injuries in the collision. Defendant contended that: neither vehicle sustained property damage in the collision; plaintiff had prior claims with identical complaints; and plaintiff was not injured in the collision. Jury awarded plaintiff $595 in economic damages only.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kramer v. Ellett, 24890
Rear-End Crash with Bruising and Sore Back
Type of Injury: Contusions and soft tissue back injuries.
Award/Settlement Amount: $2,500
Case Summary: Plaintiffs, a female driver and two elderly male passengers, were in an automobile and proceeding across an elevated bridge. Defendant was traveling in the same direction. Defendant attempted to pass plaintiffs’ vehicle on the left by pulling into the oncoming lane of traffic. When defendant observed a third vehicle attempting to pass his vehicle on the left, he swerved back into his prior lane of travel and struck the left rear portion of plaintiffs’ automobile. Plaintiffs claimed contusions and soft tissue back injuries. Defendant contended that he was confronted with a sudden emergency and that plaintiffs were exaggerating their injuries. Jury awarded plaintiffs $2,500 each.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Tojio v. Panozzo, 13–1–1898; CAAP–15–0000469
Low Impact Rear-End Crash with Neck Sprain
Type of Injury: Soft tissue neck injury
Award/Settlement Amount: $4,131.00
Case Summary: Plaintiff and defendant were traveling in the same direction. An unidentified vehicle pulled out in front of plaintiff’s automobile. Plaintiff stopped suddenly and defendant rear-ended plaintiff’s automobile, resulting in $250 in property damage. Plaintiff suffered soft tissue neck injury. Plaintiff alleged that defendant was negligent in failing to stop in time to avoid a collision. Defendant contended that plaintiff stopped suddenly due to an unknown reason and that the accident was unavoidable. Defendant further contended that the impact was minimal and that plaintiff was exaggerating the extent and severity of her injuries. Plaintiff’s award of $8,100 less 49% comparative negligence yielded a net verdict of $4,131.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Dana v. Clouse, 10-1-2336
Rear-Ended at Stop Sign with Neck Sprain
Type of Injury: Neck sprain
Award/Settlement Amount: $10,300
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her automobile. The Court entered a summary judgment against defendant on the issue of liability and the trial proceeded on the issue of damages. Plaintiff alleged that she suffered a sprained neck in the accident, resulting in 8-10% permanent disability of the neck. Defendant contended that: plaintiff was diagnosed with cervical osteoarthritis by her family physician prior to the accident; plaintiff treated with another physician following the accident; and plaintiff failed to disclose the prior diagnosis to her treating physician or her attorney. Jury awarded plaintiff $10,300.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Burpee v. Garibay, 00–1–3849
Moderate Injury Case Examples
Moderate injuries from rear-end collisions include more extensive soft tissue injuries, like some whiplash neck injuries, uncomplicated fractures, and disc injuries.
Moderate injuries might keep you out of work for several weeks, waiting for a fracture or slipped disc to heal. Some physical therapy may be necessary to get back on your feet.
Rear-End Accident with Aggravation of Pre-Existing Back Condition
Type of Injury: Soft tissue Lumbar injuries and headaches
Award/Settlement Amount: $14,335
Case Summary: Plaintiff was came to a stop in heavy traffic and his vehicle was rear-ended by a vehicle driven by defendant, in the course of his employment with co-defendant. Plaintiff claimed he suffered soft tissue Lumbar injuries and headaches. Defendant driver admitted liability for causing this minor accident, but disputed injury causation and damages. Defendants argued that plaintiff had a pre-existing degenerative condition and was involved in a prior motor vehicle accident with similar injuries. The jury awarded $14,335 to plaintiff for economic damages only.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Savini v. University of Hawaii, 26747
Multi-Car Rear-End Accident with Neck and Back Injuries
Type of Injury: Soft tissue back and neck injuries
Award/Settlement Amount: $15,000
Case Summary: Defendant rear-ended Plaintiff1’s vehicle, pushing it into Plaintiff2’s vehicle. Two separate cases were consolidated for trial. Both plaintiffs claimed soft tissue back and neck injuries as a direct result of the accident. Defendant did not admit liability, but did not seriously contest it. Defendant contended that both plaintiffs were exaggerating the extent of their injuries. Jury returned a plaintiff verdict for $30,000: $15,000 to each plaintiff.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Udac v. Takata Corp, 28328
Rear-Ended by Taxi with Herniated Discs in Neck, Soft-tissue Back Injuries
Type of Injury: Herniated disc at C5-C6 in neck; Others-Soft tissue back injuries.
Award/Settlement Amount: $16,500
Case Summary: Plaintiff and defendant were traveling west. Defendant1, operating a taxicab for Defendant2, had stopped in the breakdown lane at the top of a hill after missing his exit. Defendant1 was attempting to make a sharp right turn onto the exit ramp when plaintiff crested the hill and struck the left rear portion of defendants’ taxicab. Plaintiff suffered herniated disc at C5-C6 in neck and soft tissue back injuries. Defendants contended that: plaintiff rear-ended the taxicab while defendant driver was completely in the breakdown lane; plaintiff was traveling too fast and, therefore, was unable to maintain control of his vehicle; and plaintiff failed to pay full time and attention to the operation of his vehicle. Plaintiff’s award of $27,500 jointly against both defendants less 40% comparative negligence yielded a net verdict of $16,500.
Location: Honolulu County, Hawaii
Case Name and Docket Number: Mobley v. Kimura, 12-0001090
Rear-End Collision with Neck and Elbow Injuries
Type of Injury: Neck and elbow injuries in the collision
Award/Settlement Amount: $35,785
Case Summary: Plaintiff was stopped at a red light. Defendant dropped a lit cigarette, took his eyes from the road and rear-ended plaintiff’s vehicle. Plaintiff alleged that defendant was negligent in failing to pay full time and attention to the operation of his vehicle and that she suffered neck and elbow injuries in the collision. Defendant did not admit liability, but did not seriously contest it. Defendant contended that plaintiff was not severely injured in the collision. Jury returned a plaintiff verdict. Plaintiff’s award of $29,580 plus offer of judgment interest of $6,205 yielded a total verdict of $35,785 including: $5,271 economic and $24,309 non-economic damages.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Willis v. Swain, SCWC–29539
Severe Injury Case Examples
Severe rear-end accident injuries can happen when the rear vehicle is bigger and heavier than yours, you are hit at a high rate of speed, or there is a chain-reaction collision with multiple cars. Severe injuries include debilitating back and neck injuries, brain injuries, disfigurement, and spinal cord damage.
Rear-Ended by Tractor-Trailer with Cervical and Lumber Disc Herniations
Type of Injury: Cervical and lumbar bulges and herniations
Award/Settlement Amount: $374,000
Case Summary: Plaintiff was driving her vehicle when she was rear-ended by a tractor-trailer driven by Defendant. Defendant was traveling at 55 to 60 mph when he moved from the left lane to the right lane and struck the rear of plaintiff’s vehicle. Plaintiff’s vehicle spun out of control and hit a roadway median. Plaintiff claimed cervical and lumbar bulges and herniations as a direct result of this accident, and sought economic and non-economic damages. Defendants admitted liability on the eve of trial but contended that plaintiff exaggerated her injuries and had recovered. Defendants further noted that plaintiff was able to continue with normal life activities. Jury awarded plaintiff $374,000 against both defendants.
Location: Hawai‘i County, Hawaii
Case Name and Docket Number: Kienker v. Bauer, SCWC–25856
Methodology
The averages and ranges provided are derived from an analysis of actual car accident injury cases filed in Hawaiian courts. Each case arises from a rear-end motor vehicle accident, and each case was resolved through a settlement or court award.
Averages are calculated by adding the payout for each case in a group, then dividing by the number of cases in the group. For cases with more than one plaintiff, we used the highest payout issued to one plaintiff, to avoid overstating what one victim might receive in similar circumstances.