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Hawaii’s $5,000 Auto Accident Tort Threshold: When Can You Make an Injury Claim?
If you have been injured in a Hawaii car accident, you may have heard that you have to reach a $5,000 threshold before you can make a claim against the driver who caused the accident. That statement is generally based on Hawaii’s no-fault automobile insurance system, but the actual law is more detailed than simply saying that your medical bills must exceed $5,000.
Hawaii law generally limits tort liability for accidental harm arising from motor vehicle accidents unless one of several statutory exceptions applies. One important exception applies when the Personal Injury Protection (PIP) benefits incurred by the injured person equal or exceed $5,000. Other exceptions can apply when someone dies, suffers a significant permanent loss of use of a body part or function, or experiences permanent and serious disfigurement resulting in mental or emotional suffering.
Understanding this distinction is important if you have been injured in a collision in Honolulu, Oahu, Maui, Kauai, or anywhere else in Hawaii.
David W. Barlow is a Hawaii car accident injury lawyer who helps injured people understand Hawaii’s no-fault insurance laws, PIP benefits, tort threshold requirements, insurance coverage, and potential injury claims.
This page explains how the $5,000 threshold works, what can count toward it, what happens after you satisfy it, and some of the exceptions that may allow an injury claim even when the monetary threshold has not been reached.
Important: This page provides general information about Hawaii law and is not legal advice. The application of the tort threshold can depend on the facts of an individual accident, the insurance coverage involved, medical treatment, and other circumstances.
What Is Hawaii’s $5,000 Tort Threshold?
Hawaii has a no-fault automobile insurance system. In general, PIP benefits are intended to provide coverage for certain accident-related injuries without requiring the injured person to first prove that another driver was negligent. The Hawaii Department of Commerce and Consumer Affairs explains that Hawaii's no-fault system generally provides PIP benefits for injuries while tort liability remains available in circumstances involving serious injuries or when the tort threshold is satisfied.
The relevant statute is Hawaii Revised Statutes § 431:10C-306, titled "Abolition of tort liability."
Under the statute, tort liability arising from motor vehicle accidents is generally abolished except under specified circumstances. One of those circumstances occurs when:
the PIP benefits incurred by the injured person equal or exceed $5,000.
That means the commonly used phrase "Hawaii's $5,000 tort threshold" refers to a specific legal requirement within Hawaii's no-fault system.
It does not necessarily mean that you simply add up every medical bill you have received and determine whether the total is $5,000.
The statute specifies which amounts can be included in calculating the threshold.
Read Hawaii Revised Statutes § 431:10C-306
Why Does Hawaii Have a Tort Threshold?
Hawaii's no-fault system was designed to provide an initial source of benefits for people injured in automobile accidents while limiting tort claims arising from less serious injuries.
The Hawaii Legislative Reference Bureau describes Hawaii as having a partial no-fault system. Serious accidents can still result in lawsuits, including situations involving death, significant permanent loss of use, permanent and serious disfigurement, or satisfaction of the tort threshold.
In practical terms, this creates two different stages for many Hawaii car accident injury claims.
Stage 1: PIP and the no-fault system
After an accident, PIP coverage can provide benefits for qualifying accident-related medical expenses.
Stage 2: A potential tort claim
If a statutory exception applies—including the $5,000 PIP threshold—the injured person may be able to pursue a claim against the responsible party for damages that are not simply limited to PIP benefits.
This distinction is one of the reasons Hawaii car accident cases can be more complicated than people initially expect.
Does My Medical Treatment Have to Cost $5,000?
This is one of the most common questions we hear.
The short answer is: the legal test is more specific than simply asking whether your medical bills total $5,000.
HRS § 431:10C-306 identifies amounts that can be included when calculating whether the PIP threshold has been reached. The statute includes PIP benefits incurred, paid, or payable and also addresses certain deductibles, copayments, and qualifying amounts paid through other sources.
That distinction matters.
For example, an injured person might receive a $10,000 hospital bill. That does not necessarily mean that $10,000 automatically counts toward the tort threshold.
The actual insurance payments, qualifying benefits, deductibles, copayments, and other amounts recognized under the statute need to be considered.
This is why an experienced Hawaii car accident injury lawyer should review the PIP records rather than relying solely on the total amount printed on medical bills.
What Counts Toward Hawaii's $5,000 Threshold?
Hawaii law specifically identifies categories that can be considered in determining whether the $5,000 threshold has been satisfied.
Under HRS § 431:10C-306, the calculation can include qualifying PIP benefits incurred, paid to or payable to or on behalf of an eligible injured person. The statute also addresses applicable deductibles and copayments and certain payments made through health insurance or other funds when the injured person is not entitled to PIP benefits.
The exact calculation can therefore depend on:
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Your PIP coverage;
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Payments made by your automobile insurer;
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Qualifying medical expenses;
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Deductibles;
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Copayments;
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Other applicable insurance;
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The nature of the accident;
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Your eligibility for PIP benefits; and
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The particular facts of your claim.
If you are unsure whether your case has reached the tort threshold, do not assume that you have either satisfied it or failed to satisfy it based solely on the total amount of your medical bills.
What Happens When You Reach the $5,000 Threshold?
If the statutory requirements are satisfied, the tort threshold can provide an exception to Hawaii's general abolition of tort liability for accidental harm arising from covered motor vehicle accidents.
That can be an important change in your case.
Instead of dealing only with your own PIP benefits, you may be able to pursue a claim against the responsible driver for damages allowed under Hawaii law.
Depending on the facts, damages in a personal injury claim can potentially include:
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Pain and suffering;
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Lost income;
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Loss of earning capacity;
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Future medical expenses;
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Permanent impairment;
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Disfigurement;
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Other accident-related losses.
The $5,000 threshold does not mean your case is worth $5,000.
It is a threshold for determining whether a statutory exception to Hawaii's limitations on tort liability applies. The actual value of an injury claim depends on the nature and severity of the injuries, medical treatment, economic losses, insurance coverage, liability, and other factors.
You May Not Need to Reach $5,000
This is extremely important.
Hawaii's $5,000 monetary threshold is not the only way to get outside the general no-fault limitation.
HRS § 431:10C-306 also identifies circumstances involving:
Death
If a person dies as a result of the motor vehicle accident, the statutory tort limitation does not apply in the same manner.
Significant Permanent Loss of Use
The statute provides an exception when the injury involves a significant permanent loss of use of a part or function of the body.
Permanent and Serious Disfigurement
Another exception applies when an injury results in permanent and serious disfigurement that causes mental or emotional suffering.
The statute also identifies additional circumstances involving intentional conduct and certain criminal conduct.
Therefore, someone should not automatically assume that they cannot pursue a claim because their qualifying PIP benefits have not reached $5,000.
Read Hawaii's No-Fault Insurance Guide
Hawaii No-Fault Insurance and PIP
Understanding the tort threshold starts with understanding Personal Injury Protection, commonly called PIP.
Hawaii's no-fault system provides PIP benefits for qualifying accident-related injuries. The Hawaii Department of Commerce and Consumer Affairs explains that Hawaii is a no-fault state and that automobile insurance generally pays for injuries through PIP benefits, subject to the applicable policy limits and requirements.
The Hawaii statutes establish the PIP framework and define important terms concerning insured persons, PIP benefits, and motor vehicle insurance.
Hawaii Department of Commerce and Consumer Affairs – Motor Vehicle Insurance Information
Hawaii Revised Statutes – Motor Vehicle Insurance
Why Your PIP Records Matter
One of the most important documents in a Hawaii auto accident case can be the PIP payment history.
Medical providers may bill significant amounts for:
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Emergency room treatment;
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Ambulance services;
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Diagnostic imaging;
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Physician appointments;
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Physical therapy;
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Chiropractic treatment;
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Surgery;
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Prescription medications; and
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Other medical care.
But the amount charged by the provider and the amount actually paid or payable under applicable insurance coverage can be different.
That is why it is important to preserve:
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Medical bills;
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Medical records;
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PIP payment records;
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Explanation-of-benefits statements;
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Insurance correspondence;
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Receipts;
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Treatment records; and
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Other accident-related documentation.
Your Hawaii car accident lawyer can use these records to evaluate the tort threshold and the broader injury claim.
Do Not Get Medical Treatment Just to Reach the Threshold
There is an important distinction between receiving medically necessary treatment and treating simply to create an insurance claim.
You should never seek unnecessary medical treatment merely to reach $5,000.
Your treatment should be based on your actual medical condition and the recommendations of your healthcare providers.
At the same time, you should not ignore injuries or delay appropriate medical care because you think the pain will go away.
Prompt medical evaluation can help identify injuries, document symptoms, establish an appropriate treatment plan, and create a medical record connecting your injuries to the accident.
What If the Insurance Company Only Pays Part of the Medical Bill?
This can create significant confusion.
Suppose a hospital charges $10,000 for emergency treatment but the applicable insurer pays a substantially smaller amount.
The question of whether the full $10,000, the amount actually paid, or another qualifying amount counts toward the statutory threshold cannot necessarily be answered simply by looking at the hospital invoice.
The statutory language controls the calculation. Hawaii's law specifically addresses PIP benefits incurred, paid or payable, deductibles, copayments, and certain other payments.
Your attorney should therefore review the underlying payment records.
This is also an area where information found on the internet can be misleading. A statement that "you need $5,000 in medical bills" may be an oversimplification of the actual statute.
What If I Am Close to $5,000?
Being close to $5,000 is not necessarily the same as satisfying the statutory requirement.
For example, if you believe your qualifying benefits total $4,500, you should not assume that being close to $5,000 means you automatically have the same rights as someone who has satisfied the statutory exception.
On the other hand, you also should not assume that your case is over simply because your current records appear to be below $5,000.
There may be:
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Additional qualifying expenses;
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Continuing treatment;
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Another statutory exception;
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Other insurance coverage;
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Permanent injuries; or
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Other legal issues affecting your claim.
A complete review is important.
What If I Have a Permanent Injury?
Permanent injuries can be especially important under Hawaii's tort statute.
HRS § 431:10C-306 specifically identifies significant permanent loss of use of a part or function of the body as an exception to the general abolition of tort liability. The statute also addresses permanent and serious disfigurement that results in mental or emotional suffering.
That means an injured person should not look exclusively at the dollar amount of medical expenses.
The nature of the injury itself can matter.
For example, an accident involving a permanent impairment may raise different legal issues from a temporary soft-tissue injury that resolves after several weeks of treatment.
The Tort Threshold and the Statute of Limitations
Another reason to speak with a Hawaii car accident injury lawyer early is that the tort threshold can interact with questions concerning when a claim accrues and when a lawsuit must be filed.
Hawaii's automobile insurance statutes contain specific provisions governing claims arising from motor vehicle accidents, and Hawaii case law has addressed the relationship between the tort threshold and the timing of claims.
Do not assume that the accident date is the only date that matters.
Do not assume that an insurance company's ongoing negotiations automatically protect you from every applicable deadline.
And do not assume that because you have not yet reached the $5,000 threshold there is nothing you need to do.
Hawaii Auto Accident Statute of Limitations Information
For the actual statutory language, consult the current Hawaii Revised Statutes or speak with a Hawaii attorney about your specific circumstances.
The $5,000 Threshold Is Different From the Covered Loss Deductible
Another source of confusion is Hawaii's covered loss deductible.
The tort threshold determines whether an exception to the general abolition of tort liability applies.
The covered loss deductible concerns a reduction that can apply to certain bodily-injury recoveries under Hawaii's automobile insurance law.
These are two different concepts.
The Hawaii Legislature's materials discussing the no-fault system describe the covered loss deductible separately from the provision allowing tort claims when PIP benefits reach the statutory threshold.
This distinction can become important when evaluating a settlement.
What About Uninsured and Underinsured Drivers?
Meeting Hawaii's tort threshold is only one part of an auto accident case.
You also need to determine how much insurance is actually available.
If the at-fault driver has inadequate insurance—or no applicable insurance—Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage may become important depending on your policy and circumstances.
This is particularly significant after a serious accident where damages may exceed the at-fault driver's liability limits.
Why You Should Have UM and UIM Insurance in Hawaii
It is therefore important to investigate your own policy rather than assuming the other driver's insurance is the only available source of compensation.
Hawaii's Required Auto Insurance Coverage
Hawaii law establishes minimum automobile insurance requirements.
The current statutory provisions governing required motor vehicle policy coverage are found in HRS § 431:10C-301.
Hawaii Revised Statutes § 431:10C-301 – Required Motor Vehicle Policy Coverage
Because insurance laws and policies can be complicated, you should review your actual insurance policy and not rely solely on the minimum statutory limits when determining how much coverage may be available.
What Types of Hawaii Accidents Can Involve the Tort Threshold?
The issue can arise in many types of motor vehicle accidents, including:
Rear-End Accidents
Rear-end collisions can cause neck, back, shoulder, and other injuries even when the vehicles appear to have sustained relatively minor damage.
Intersection Accidents
Failure-to-yield and intersection crashes can result in significant injuries, especially when vehicles collide at higher speeds.
T-Bone Collisions
Side-impact crashes can cause serious injuries because there may be less vehicle structure between the occupant and the striking vehicle.
Pedestrian Accidents
People walking near roadways have substantially less physical protection than occupants of vehicles.
Hawaii Pedestrian Injury Information
Bicycle Accidents
Bicycle collisions can involve complicated questions concerning both liability and insurance.
Motorcycle and Moped Accidents
These accidents can involve significant injuries and specialized insurance considerations.
Hawaii Motorcycle Accident Information
The precise legal rules can differ depending on the type of vehicle and circumstances, so the general $5,000 discussion should not automatically be applied to every type of accident without examining the applicable law.
Common Mistakes That Can Hurt a Hawaii Auto Accident Claim
Understanding the tort threshold is only one part of protecting your claim.
Some common mistakes include:
Waiting Too Long to Get Medical Treatment
Delays can make it harder to establish the relationship between an accident and later symptoms.
Assuming Your Medical Bills Automatically Count Toward $5,000
The statutory calculation is more complicated than simply adding up provider invoices.
Giving a Recorded Statement Without
Understanding the Issues
Insurance companies may ask questions about the accident, your injuries, prior medical conditions, and treatment.
Accepting a Settlement Too Quickly
You may not yet know the full extent of your injuries or whether additional treatment will be necessary.
Failing to Investigate Other Insurance
UM/UIM coverage can potentially be important when the at-fault driver's policy does not provide enough coverage.
Waiting Until the Deadline Is Close
Insurance claims and legal deadlines can involve complicated timing issues.
Common Mistakes That Can Cause You to Lose a Hawaii Injury Case
What Evidence Is Important in a Hawaii Car Accident Case?
A strong injury claim generally begins with good documentation.
Depending on the circumstances, important evidence can include:
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Police reports;
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Photographs of the accident scene;
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Photographs of vehicle damage;
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Medical records;
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PIP payment records;
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Medical bills;
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Witness information;
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Video surveillance;
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Dash-camera footage;
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Accident reconstruction evidence;
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Employment records;
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Insurance policies; and
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Communications with insurance companies.
Evidence can disappear.
Surveillance footage can be overwritten.
Vehicles can be repaired. Witnesses can become difficult to locate. Memories can fade.
That is one reason it is useful to begin investigating a serious accident promptly.
How David W. Barlow Can Help With a Hawaii Auto Accident Injury Claim
David W. Barlow is a Hawaii car accident injury lawyer who represents people injured in motor vehicle accidents throughout Hawaii.
His practice includes auto accident injury claims involving cars, trucks, motorcycles, mopeds, bicycles, pedestrians, and other circumstances.
Hawaii Personal Injury Lawyer – David W. Barlow
David W. Barlow's Practice Areas
When reviewing a Hawaii auto accident case, important questions can include:
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Who caused the accident?
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What insurance coverage is available?
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What PIP benefits have been paid or are payable?
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Has the $5,000 tort threshold been satisfied?
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Does another statutory exception apply?
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What injuries did the accident cause?
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Are the injuries permanent?
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What medical treatment is reasonably necessary?
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Has the injured person lost income?
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Is UM or UIM coverage available?
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What legal deadlines apply?
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What damages can potentially be recovered?
The answers are different for every accident.
Frequently Asked Questions About Hawaii's $5,000 Tort Threshold
Is the Hawaii tort threshold exactly $5,000?
The statute provides an exception when qualifying PIP benefits equal or exceed $5,000.
Does that mean I need $5,000 in medical bills?
Not necessarily. The statutory calculation concerns qualifying PIP benefits and specifically identified amounts, not simply the total of every medical invoice you receive.
Does reaching $5,000 mean I automatically win my case?
No. Satisfying the tort threshold addresses one aspect of whether tort liability is available. You still generally need to establish the applicable elements of your claim, including liability and damages.
Can I have an injury claim without reaching $5,000?
Potentially. Hawaii law identifies other exceptions, including death, significant permanent loss of use of a body part or function, and permanent and serious disfigurement resulting in mental or emotional suffering.
Does the $5,000 threshold apply to property damage?
The Hawaii no-fault tort provisions concern accidental harm and do not abolish tort liability for property damage in the same manner. The Hawaii Department of Commerce and Consumer Affairs specifically explains that no-fault applies to injuries, not to vehicles or property.
What if the other driver has very little insurance?
You should investigate all potentially applicable insurance coverage, including your own UM/UIM coverage where applicable.
Should I talk to a lawyer before I reach $5,000?
There can be good reasons to obtain legal advice early. A lawyer can help identify the applicable insurance coverage, monitor PIP payments, preserve evidence, evaluate the injuries, and identify potential deadlines and exceptions.
Talk to a Hawaii Car Accident Injury Lawyer
Hawaii's $5,000 tort threshold is an important part of the state's automobile insurance system, but it is only one piece of a much larger legal analysis.
The most important point is this:
Do not assume that the phrase "you need $5,000 in medical bills" tells you everything you need to know about your Hawaii auto accident claim.
The actual statute is more specific. Qualifying PIP benefits, deductibles, copayments, other payments, the nature of your injuries, permanent impairment, disfigurement, death, insurance coverage, and other circumstances can all affect the analysis.
If you have been injured in an auto accident in Hawaii, David W. Barlow, Hawaii car accident injury lawyer, can review your accident and help you understand how Hawaii's no-fault and tort-threshold rules may apply to your situation.
Contact the Law Offices of David W. Barlow
Additional Hawaii Auto Accident Resources
Authoritative Hawaii Sources
For readers who want to review the underlying law themselves:
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Hawaii Revised Statutes § 431:10C-306 – Abolition of Tort Liability
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Hawaii Revised Statutes § 431:10C-301 – Required Motor Vehicle Policy Coverage
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Hawaii Department of Commerce and Consumer Affairs – Motor Vehicle Insurance Information
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Hawaii Legislative Reference Bureau – No-Fault Auto Insurance
David W. Barlow – Hawaii Car Accident Injury Lawyer
Serving injured people throughout Hawaii.
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