Car Accident Statute of Limitations in Hawaii
Last verified 2026-07 · Source: Haw. Rev. Stat. § 431:10C-315(b) ✓ verified · 3 sources
The deadline
2 years
from the date of the accident, or if later, the date of the last no-fault (pip) or workers' compensation benefit payment, under Haw. Rev. Stat. § 431:10C-315(b).
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If you're researching car accident lawsuits in Hawaii, the single most important number is 2 years. That's how long Haw. Rev. Stat. § 431:10C-315(b) gives you to file a car accident lawsuit, counted from the date of the accident, or if later, the date of the last no-fault (pip) or workers' compensation benefit payment. File even one day late and the court will almost certainly dismiss the case, no matter how strong it is.
Hawaii Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Car Accident | 2 years | Haw. Rev. Stat. § 431:10C-315(b) |
| Credit Card Debt | 6 yrs | Haw. Rev. Stat. § 657-1 |
| Medical Malpractice | 2 yrs | Haw. Rev. Stat. § 657-7.3 |
| Wrongful Death | 2 yrs | HRS § 663-3 |
| Personal Injury | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Dog Bite | 2 yrs | H.R.S. § 663-9 (strict liability); SOL: H.R.S. § 657-7 |
| Slip and Fall | 2 yrs | Haw. Rev. Stat. § 657-7 |
| Defamation | 2 yrs | Haw. Rev. Stat. § 657-4 |
| Breach of Contract | 6 yrs | Haw. Rev. Stat. § 657-1(1) |
| Medical Debt | 6 yrs | Haw. Rev. Stat. § 657-1 |
When the Clock Starts
In Hawaii, the limitations period for car accident lawsuits generally begins on the date of the accident, or if later, the date of the last no-fault (pip) or workers' compensation benefit payment. Hawaii does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: A claim against a Hawaii county requires written notice of the injuries (time, place, and circumstances) to the official named in the county charter, or the council chairperson or county clerk, within two years after the injuries accrued (Haw. Rev. Stat. § 46-72), and a tort claim against the State is barred unless filed within two years under Haw. Rev. Stat. § 662-4.
Hawaii pegs car-accident suits to its motor vehicle insurance code rather than the general two-year personal-injury statute (HRS § 657-7): HRS § 431:10C-315(b) sets a 'later of' deadline that can extend the two years to run from the last PIP or workers' compensation payment, and HRS § 657-13 tolling protects minors until age 18.
Source: Haw. Rev. Stat. § 431:10C-315(b), official Hawaii statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Hawaii government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Hawaii Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Hawaii | 2 years | Haw. Rev. Stat. § 431:10C-315(b) |
| California | 2 yrs | Cal. Code Civ. Proc. § 335.1 |
| Washington | 3 yrs | Wash. Rev. Code § 4.16.080 |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Hawaii?
You have 2 years from the date of the accident, or if later, the date of the last no-fault (pip) or workers' compensation benefit payment, under Haw. Rev. Stat. § 431:10C-315(b).
Can I still sue after 2 years in Hawaii?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Hawaii generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
A claim against a Hawaii county requires written notice of the injuries (time, place, and circumstances) to the official named in the county charter, or the council chairperson or county clerk, within two years after the injuries accrued (Haw. Rev. Stat. § 46-72), and a tort claim against the State is barred unless filed within two years under Haw. Rev. Stat. § 662-4.
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Sources
- Official HRS § 431:10C-315 — Hawaii State Legislature, Hawaii Revised Statutes (official)
- Corroborating HRS § 431:10C-315 (2025 edition) — Justia statute mirror
- Corroborating HRS § 431:10C-315 — Onecle statute mirror (verbatim text of subsections (a)-(b))
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Hawaii attorney.