Do I need a lawyer after a car accident in Hawaii?
Every rule below is quoted from Hawaii law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the Hawaii rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
Hawaii uses modified comparative negligence with a 51 percent bar. You can still recover damages as long as your share of fault is not greater than the other driver's, but your award is reduced by your own percentage of fault. If your fault is greater than the other side's, you recover nothing.
“if such negligence was not greater than the negligence of the person or in the case of more than one person, the aggregate negligence of such persons”
When you can sue the other driver
You can only sue the other driver for pain and suffering if the crash caused death, a significant permanent loss of a body part or its use, permanent serious disfigurement, or medical bills of $5,000 or more. Lawsuits over vehicle or property damage are always allowed.
“personal injury protection benefits incurred by such person equal or exceed $5,000”
How long you have
- 2 years
- to sue for injuriesHRS §657-7
- 2 years
- to sue for car or property damageHRS §657-7
- 2 years
- for a family to sue after a deathHRS §663-3
- 2 years
- to notify the government if a public vehicle or road was involvedHRS §662-4
Deadline to sue for injuries
You have 2 years from the date of the crash to file a lawsuit for injuries.
“Actions for the recovery of compensation for damage or injury to persons or property shall be instituted within two years after the cause of action accrued”
If a government vehicle or road was involved
Hawaii does not require a separate notice of claim before suing the state over a crash involving a state vehicle or a state-maintained road. A lawsuit against the state is barred unless it is filed within 2 years after the claim arises.
“A tort claim against the State shall be forever barred unless action is begun within two years after the claim accrues”
How injury lawyers charge in Hawaii
Contingency fee rules
Hawaii does not cap contingency fee percentages by rule. A contingency fee agreement must be in writing and signed by the client, and it must state the percentage the lawyer will receive at settlement, trial, or appeal, along with how case expenses are handled. Like any other fee, it must still be reasonable.
“A contingent fee agreement shall be in writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
To complain about an insurance company in Hawaii, contact the state Insurance Division of the Department of Commerce and Consumer Affairs by phone or through its online complaint form.
“We encourage consumers to speak with an Insurance Division investigator before filing a complaint with the division.”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.