Disputing Fault Determination in Hawaii
Everything you need to know about disputing fault determination in Hawaii (HI), including state-specific laws, filing deadlines, and how to contact the Hawaii Insurance Division.
Hawaii law at a glance
Last reviewed against the sources linked below.
Which Hawaii rule governs how auto insurance claims are settled?
Hawaii puts its total-loss cash settlement rules in statute: retail value from market sources, a right to more money if you can't buy a comparable car for the offer within 30 days, and no dealer-prep deductions.
Source: Haw. Rev. Stat. § 431:10C-311
How long do you have to sue over car damage in Hawaii?
You have two years to sue for damage to property, including a car.
Source: Haw. Rev. Stat. § 657-7
What is the total loss threshold in Hawaii?
Hawaii counts a car as a total loss for rebuilt-vehicle titling only if there is material damage to the electronics, frame, unitized structure or suspension and the projected repair cost exceeds the car's market value, which works out to a 100% test.
Source: Haw. Rev. Stat. § 286-2 (definition of "rebuilt vehicle")
General information about Hawaii law, not legal advice. Laws and policies change and your policy wording matters; check the cited source or ask a Hawaii attorney before relying on a deadline. No outcome is guaranteed.
Hawaii Insurance Regulation Overview
Hawaii's Insurance Division oversees insurance regulation within the Department of Commerce and Consumer Affairs. Hawaii is a no-fault PIP state, requiring personal injury protection coverage on all auto policies.
Key Hawaii Insurance Regulations
- Modified comparative fault — barred at 51% or more fault
- 2-year statute of limitations for personal injury and property damage
- No-fault PIP state — PIP coverage required
- Mandatory auto insurance: 20/40/10 minimum liability
How to File Disputing Fault Determination in Hawaii
When filing disputing fault determination in Hawaii, it's important to understand the state's specific insurance regulations and consumer protections. The Hawaii Insurance Division oversees insurance companies operating in Hawaii and provides resources for consumers who need assistance with their claims.
Step-by-Step Process for Hawaii
- Document your claim — Gather all evidence relevant to your disputing fault determination including photos, receipts, medical records, and any correspondence with your insurance company.
- Review your policy — Check your insurance policy for specific coverage terms, deductibles, and exclusions that apply in Hawaii.
- File promptly — Hawaii has specific deadlines for reporting insurance claims. Contact your insurer as soon as possible to initiate the claims process.
- Know your rights — Under Hawaii law, insurance companies must handle claims fairly and in a timely manner. If you believe your claim was wrongfully denied, you can file a complaint with the Hawaii Insurance Division.
- Check the numbers — Compare the insurer's offer or denial with the Hawaii rules above and the policy wording. InsurifyAI can review the insurer's report and help you put your response in writing; you (or your attorney) present it to the insurer.
Hawaii Insurance Division
Phone: (808) 586-2790
Website: https://cca.hawaii.gov/ins/
File a Complaint: Consumer Complaint Portal
Commissioner: Gordon Ito
More on Hawaii auto claims
By insurer in Hawaii
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