​​

​Under Hawaii law, strict time limits apply to filing lawsuits for car insurance benefits and related claims. The Hawaii Statute of Limitations provides that a person cannot bring a lawsuit on any contract for car insurance benefits or optional additional coverage more than two years after certain key events. These events may include:

​

• Two years after the date of the car accident itself,

• Two years after the last payment of motor vehicle insurance benefits,

• Two years after a final arbitration order has been entered,

• Two years after a final court judgment or a dismissal with prejudice of a related tort action where a bad-faith insurance claim arises, or

• Two years after the payment of liability coverage for underinsured motorist (UIM) benefits.

​

Because missing this two-year deadline can completely bar your right to recover, it’s critical to speak with an experienced Hawaii Auto Accident Injury Lawyer such as David W. Barlow, who can evaluate your specific dates and ensure your claim is filed on time.

​

How the Statute of Limitations Applies to Uninsured and Underinsured Motorist Claims

​

The Hawaii Supreme Court has ruled that the same two-year statute of limitations also applies to uninsured motorist (UM) claims. Importantly, when a valid UM claim is filed within this two-year window, it tolls (pauses) the statute of limitations until the insurance company denies the claim. The wording of your insurance policy determines what qualifies as a valid UM claim, so it is vital to review your insurance contract carefully or have a lawyer analyze it for you.

​

The Intermediate Court of Appeals in Hawaii further clarified that a tort lawsuit filed more than two years after the last no-fault payment but within two years after the last UM payment was still timely filed. The court reasoned that UM benefits are considered optional additional benefits, so the law allows claims up to two years after the last payment of optional coverage benefits was satisfied.

​

In short, whether you are pursuing uninsured motorist (UM) or underinsured motorist (UIM) coverage, these deadlines can be confusing. An experienced Honolulu personal injury attorney can help determine exactly when your statute of limitations expires.

​

The Law Before the 1998 Amendment

​

Before July 20, 1998, Hawaii’s Motor Vehicle Insurance Law provided that no lawsuit could be filed on a motor vehicle insurance contract or optional additional coverage more than the later of:

• Two years after the date of the auto accident,

• Two years after the last payment of car insurance or optional benefits,

• Two years after the final arbitration order, or

• Two years after the final judgment or dismissal with prejudice in a tort action where an insurance bad-faith claim arose.

​

This earlier version of the statute often created confusion for people pursuing underinsured motorist benefits, especially when their bodily injury claims were still being negotiated or litigated.

​

The Honbo v. Hawaiian Insurance Case and Its Impact

​

In Honbo v. Hawaiian Insurance & Guaranty Co., the Hawaii courts examined this issue closely. The plaintiffs sought underinsured motorist (UIM) benefits more than two years after the last insurance payment, but only a few months after settling their bodily injury liability claim. The insurance company denied coverage, arguing that the two-year statute of limitations had expired.

The Hawaii Intermediate Court of Appeals agreed, holding that the plaintiffs’ UIM claim was time-barred. The court declined to create a new rule but suggested that the Hawaii Legislature amend the law to fix this unfair result.

​

Following this decision, many Hawaii residents began filing premature UIM claims solely to protect themselves from missing the statute of limitations, even before their underlying bodily injury claims were resolved. This unnecessary paperwork burdened both accident victims and insurance companies.

​

The 1998 Legislative Fix: Clarifying the UIM Deadline

​

To address this problem, the Hawaii Legislature amended the statute of limitations in 1998. The amendment clarified that a UIM claim is considered timely if it is filed within two years after payment of liability coverage. This change provided much-needed clarity and fairness to drivers and accident victims in Hawaii, allowing them to resolve their liability claims before being forced to pursue their UIM coverage.

​

This legislative correction remains an essential protection for injured drivers and passengers in Honolulu, Oahu, and throughout the Hawaiian Islands. If you’ve been injured in a car crash in Honolulu and are uncertain about your insurance deadlines, it’s crucial to get timely advice from a Hawaii Auto Accident Lawyer who knows these statutes and court rulings inside and out.

​

Protecting Your Rights Under Hawaii’s Statute of Limitations

​

The takeaway is clear: Hawaii’s statute of limitations for Hawaii auto accident and insurance claims is complex and highly time-sensitive. Missing a single deadline can eliminate your right to recover compensation for your injuries or insurance benefits.

​

Attorney David W. Barlow, a trusted Hawaii Auto Accident Injury Lawyer, has extensive experience helping clients navigate these exact situations. He understands how to interpret insurance contracts, calculate limitation periods accurately, and preserve every available claim for UM, UIM, and no-fault benefits.

​

If you were injured in a Hawaii car accident, contact the Law Offices of David W. Barlow today for a free consultation. Let an experienced Honolulu injury attorney ensure your case is filed on time and your rights are fully protected under Hawaii law.