When you’ve been involved in a car crash in Hawaii, you face two immediate challenges: recovering physically and protecting your right to financial compensation. Unfortunately, many people lose their ability to collect insurance benefits or pursue legal claims simply because they waited too long to act.

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Under Hawaii law, strict time limits—known as the Statute of Limitations—govern how long you have to file lawsuits or make insurance claims after a vehicle accident. Missing these deadlines can permanently prevent you from obtaining compensation for medical bills, lost wages, or pain and suffering.

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This page explains the Hawaii Statute of Limitations for car accident claims, how it applies to uninsured and underinsured motorist coverage, and why it’s crucial to get help from an experienced attorney like David W. Barlow, Honolulu auto accident lawyer, as soon as possible after your crash.

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Understanding Hawaii’s Statute of Limitations for Car Accident Cases

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In Hawaii, the statute of limitations defines the maximum time you have to bring a lawsuit related to a vehicle accident. For most insurance and personal injury claims, that limit is two years—a relatively short window compared to some other states.

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Under Hawaii Revised Statutes § 431:10C-315, you generally cannot bring a lawsuit on a contract for car insurance benefits or optional additional coverage more than two years after any of the following events:

• Two years after the date of the auto accident,

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

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

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

• Two years after payment of liability coverage, when seeking underinsured motorist (UIM) benefits.

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Each of these trigger points can apply differently depending on your unique situation. This is why it’s important to have a knowledgeable Honolulu auto accident attorney evaluate your exact dates.

If you miss the deadline—even by a single day—your claim could be dismissed forever. Attorney David W. Barlow, a seasoned Hawaii car crash lawyer, helps clients calculate these deadlines precisely and ensure that every claim is filed correctly and on time.

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Why These Deadlines Matter in Honolulu Auto Accident Cases

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Hawaii’s no-fault insurance system is intended to speed up medical payments and reduce litigation, but it also creates confusion about when lawsuits can be filed. Many accident victims assume the clock starts ticking only on the date of the accident—but that’s not always true.

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For example, if your Personal Injury Protection (PIP) or no-fault medical benefits continue for many months, the two-year clock may start after the last payment of those benefits, not on the date of the crash. Similarly, if you have underinsured motorist (UIM) coverage and the at-fault driver’s insurer pays liability coverage at a later date, your deadline may restart from that payment date.

An experienced Honolulu auto accident lawyer like David W. Barlow carefully reviews your insurance documents, payment records, and medical billing statements to determine which timeline applies in your case. This level of precision can mean the difference between a valid claim and a complete forfeiture of your rights.

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

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Many people in Hawaii carry uninsured (UM) or underinsured motorist (UIM) coverage to protect themselves when another driver has no insurance or inadequate coverage. However, the time limits for these claims can be tricky.

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The Hawaii Supreme Court has ruled that the same two-year statute of limitations applies to UM and UIM claims. The clock typically begins running when one of the following occurs:

1. The date of the car accident,

2. The date of the last UM or UIM payment, or

3. The date when the insurer formally denies the claim.

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If a valid UM claim is filed within this two-year window, the statute is tolled—meaning paused—until the insurance company issues a denial. This legal concept of tolling prevents the statute of limitations from expiring while the insurer is still reviewing your claim.

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However, what counts as a “valid” claim depends heavily on the exact wording of your insurance contract. Attorney David W. Barlow, an experienced Honolulu car accident attorney, can analyze your policy language and make sure your claim is properly filed and protected under Hawaii law.

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How Hawaii Courts Have Interpreted These Deadlines

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Hawaii’s appellate courts have issued several important decisions clarifying how the statute of limitations applies to car accident insurance claims.

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For example, in a key case, the Intermediate Court of Appeals ruled 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. The reasoning: UM and UIM benefits are “optional additional benefits,” so claimants have up to two years after the final payment of those benefits to file suit.

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These distinctions matter greatly, especially in Honolulu, where insurance adjusters often miscalculate limitation dates or rely on outdated interpretations of the law. David W. Barlow stays current with all Hawaii court rulings to make sure his clients’ cases are handled correctly from start to finish.

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The Law Before the 1998 Amendment

Before July 20, 1998, Hawaii’s motor vehicle insurance law was less clear. It stated that no lawsuit could be filed more than the latter of:

• Two years after the date of the accident,

• Two years after the last payment of insurance benefits,

• Two years after a final arbitration award, or

• Two years after the final judgment in a related tort case.

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This version caused confusion for those seeking underinsured motorist benefits because many accident victims were still negotiating or litigating their bodily injury claims when their two-year clock was expiring.

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As a result, victims often filed premature UIM claims—sometimes before knowing whether the at-fault driver’s insurance limits would be enough—to preserve their rights. This led to unnecessary legal costs and administrative headaches for both claimants and insurers.

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The Honbo v. Hawaiian Insurance Case and Its Lasting Impact

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The confusion came to a head in Honbo v. Hawaiian Insurance & Guaranty Co., where the Hawaii courts addressed the issue directly. The plaintiffs had waited more than two years after the last insurance payment to seek UIM benefits, but only a few months after resolving their bodily injury claim. The insurer denied the claim, arguing it was too late—and the court agreed.

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The Intermediate Court of Appeals held that the plaintiffs’ claim was time-barred under the statute. While the court refused to create an exception, it explicitly encouraged the Hawaii Legislature to amend the law to prevent unfair outcomes in the future.

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This decision sparked widespread concern among Hawaii drivers. People who had been injured in serious car accidents suddenly realized they could lose their right to UIM benefits even before their main case was resolved.

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The 1998 Legislative Fix: Clarifying the UIM Deadline

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Recognizing the problem, the Hawaii Legislature amended the statute in 1998 to make the law fairer and more practical. The amendment established that a UIM claim is considered timely if filed within two years after payment of liability coverage.

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This change gave injured drivers and passengers the ability to settle their bodily injury claims first, without having to rush to file a separate lawsuit for UIM benefits. It also brought much-needed clarity to Hawaii’s complex insurance landscape.

Today, this rule remains a cornerstone of Hawaii’s personal injury law and is particularly important for accident victims in Honolulu and Oahu, where many crashes involve visitors or multiple insurance policies.

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David W. Barlow, Honolulu auto accident lawyer, regularly helps clients apply this amended rule to ensure they meet all UIM and UM filing deadlines.

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Real-World Example: How Timing Can Affect Your Case

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Imagine you were injured in a Honolulu car accident on January 1, 2023. Your insurance company pays no-fault benefits through July 1, 2023, and the at-fault driver’s insurer issues its final liability payment on January 1, 2024.

In this example, the clock for a UIM lawsuit likely begins running on January 1, 2024, and expires two years later—January 1, 2026. However, if you waited past that date, you could lose all rights to pursue underinsured motorist coverage, even if your injuries are ongoing.

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This hypothetical demonstrates why timely legal advice from David W. Barlow, an experienced Hawaii auto accident attorney, is crucial. He will identify every relevant date and ensure that your claims are preserved.

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Protecting Your Rights Under Hawaii’s Statute of Limitations

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Hawaii’s statute of limitations rules are not just procedural details—they are absolute deadlines that courts strictly enforce. Judges have no discretion to extend these limits, even if you had a legitimate claim but filed late.

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That’s why David W. Barlow emphasizes immediate action. When clients contact his Honolulu office after a crash, his legal team quickly reviews all documentation, requests payment records from insurers, and determines the precise filing window for each claim.

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If necessary, he will also send formal notices to insurance companies to prevent them from arguing that a claim was untimely. His goal is to preserve every possible avenue of recovery—whether through UM, UIM, PIP, or bad-faith claims.

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Why Choose David W. Barlow, Honolulu Auto Accident Lawyer

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When it comes to protecting your rights under Hawaii’s statute of limitations, experience and precision matter. Attorney David W. Barlow focuses exclusively on personal injury and auto accident cases throughout Honolulu and Oahu.

He provides:

• Detailed legal analysis of insurance policy language and coverage triggers.

• Accurate calculation of statutory deadlines under Hawaii law.

• Comprehensive case management from initial claim through arbitration or trial.

• Local insight into Honolulu courts, arbitrators, and insurance adjusters.

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Clients appreciate his straightforward communication, thorough documentation, and commitment to ensuring that no deadline is ever missed.

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When you work with David W. Barlow, you get a lawyer who not only knows Hawaii’s car accident laws but also cares deeply about protecting the people behind every case.

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Don’t Wait — Get Legal Help Before Your Deadline Expires

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If you or a loved one has been injured in a Honolulu auto accident, don’t delay. Every day that passes brings you closer to the expiration of your statute of limitations. Even if you are still receiving medical treatment or waiting for insurance payments, you should contact a lawyer immediately to confirm your filing deadline.

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Call David W. Barlow, Honolulu auto accident lawyer, today for a free consultation. He will review your accident timeline, insurance benefits, and potential claims to make sure you are fully protected under Hawaii law.

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With years of experience handling Hawaii car accidents and insurance claims, Attorney Barlow provides the clear, reliable guidance you need to secure your rights and obtain fair compensation.