Hawaii requires that all motor vehicle be insured at all times under a motor vehicle insurance policy. There are few exceptions to this insurance requirement, one exception is if the owner of the vehicle provides proof of self-insurance by posting a surety bond. There are serious penalties for not having valid car insurance.
Hawaii car insurance laws require that benefits for accidental injuries must be provided regardless of who's fault the accident was. These benefits must be provided to the driver, passenger, pedestrian, or person on a bicycle. The minimum amount of benefits required under Hawaii law is $10,000 for injury benefits.
There are limits on who can sue for injuries in an auto accident. One of the following must be met in order to proceed with a Hawaii personal injury lawsuit: someone dies in the accident, permanent loss of use or function of a part of the body, there is permanent and serious disfigurement resulting in the subjection of the injured person to mental or emotional suffering, or the injuries involved result in personal injury benefits of at least $5,000. This $5,000 requirement is commonly known as the "tort threshold".
The tort threshold does not need to be met if the accident was intentional, if criminal conduct was involved, where exemplary or punitive damages is involved, or where drugs or alcohol were involved.
As you can see, the injury laws in Hawaii can be very complicated and confusing. This is why it is very important to
call us to discuss your case. The first consultation is always free.