Hawaii's 40/80/20 mandatory minimums are the highest bodily injury floors in the nation, but rideshare crashes trigger a separate TNC coverage framework — and Hawaii's 51% comparative fault bar means the TNC's defense team will fight aggressively to push your fault above the line.
Island geography concentrates rideshare traffic through Honolulu's congested arterials and Waikiki's tourist corridors, creating high-frequency crash environments. Hawaii's two-year statute of limitations and the absence of a separate short-notice requirement for government claims give you more time than most states — but the window to preserve electronic trip data is measured in weeks, not years.
Hawaii Revised Statutes § 657-7 sets a two-year statute of limitations for personal injury claims, including rideshare accidents. Unlike many states, Hawaii does not impose a separate short-fuse pre-suit notice requirement for government entity claims — the general two-year window applies. However, this longer deadline does not protect your most critical evidence: Uber and Lyft retain GPS trip data, driver period logs, and in-app communications subject to routine deletion within 30 to 90 days of trip completion. A litigation hold demand sent immediately after the crash is the only mechanism that legally freezes this data before the TNC's standard retention schedule erases it.
Hawaii regulates Transportation Network Companies under HRS § 271G, requiring mandatory liability coverage during all active TNC periods. During Period 1 — driver app on, no ride accepted — the TNC must maintain minimum coverage of $50,000 per person/$100,000 per accident bodily injury and $25,000 property damage. During Periods 2 and 3 — from ride acceptance through passenger drop-off — the TNC must provide $1,000,000 primary liability coverage, which is the standard most major rideshare states have adopted. Hawaii also requires that TNC drivers maintain personal coverage that meets the state's mandatory minimum of 40/80/20 — $40,000 per person, $80,000 per accident, $20,000 property — one of the highest state minimums in the country.
HRS § 663-31 applies Hawaii's modified comparative fault rule with a 51% bar: your recovery is reduced by your fault percentage, but you are only completely barred if your negligence is "greater than" the combined fault of all defendants. At exactly 50% fault, you still recover under Hawaii's formulation — unlike states where 50% bars all recovery. However, rideshare TNC insurers and defense teams invest heavily in reconstruction experts who attempt to push plaintiff fault above 51%. An independent reconstruction retained early, before the TNC's adjusters have already photographed the scene and interviewed the driver, preserves the physical evidence needed to hold fault attribution where the evidence actually supports it.
Hawaii's no-fault PIP system under HRS § 431:10C applies to all registered motor vehicles, requiring that all owners maintain personal injury protection coverage. When the rideshare driver's vehicle is involved in a crash that causes injury, the injured party — whether passenger, pedestrian, or occupant of another vehicle — first submits medical expenses to the applicable PIP insurer. Once PIP limits are exhausted or the tort threshold is met, a full liability claim against the TNC's insurer becomes available. Hawaii's PIP threshold is relatively low, and serious rideshare injuries almost always exceed it, opening the path to the $1,000,000 TNC liability layer quickly.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
Under HRS § 271G, during Periods 2 and 3 — from ride acceptance through passenger drop-off — the TNC must provide $1,000,000 primary liability coverage. During Period 1, when the driver's app is on but no ride is accepted, the TNC must maintain at least $50,000 per person/$100,000 per accident bodily injury and $25,000 property damage. Hawaii's mandatory personal vehicle insurance minimums of 40/80/20 under HRS § 431:10C-301 are among the highest state floors in the nation, providing a secondary layer. Source: Hawaii Legislature, https://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0271G/HRS_0271G-.htm
HRS § 663-31 applies modified comparative fault with a 51% bar. Your recovery is reduced by your fault percentage, but you are only completely barred if your negligence is "greater than" — not just equal to — the combined fault of all defendants. At exactly 50% fault, you recover. This is more plaintiff-friendly than the "not as great as" formulation used in Idaho and Montana, where 50% bars recovery. In rideshare cases involving multiple vehicles, the fault must be distributed among the Uber/Lyft driver, any other at-fault drivers, and potentially the TNC platform, with the plaintiff's share assessed against the combined defendant total. Source: Hawaii Legislature, https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0676/HRS0663/HRS_0663-0031.htm
HRS § 657-7 provides a two-year statute of limitations for personal injury claims. Unlike many states, Hawaii does not impose a separate short-fuse pre-suit notice requirement for government entity claims — the Hawaii Supreme Court struck down the prior six-month notice requirement for county claims as unconstitutional. However, the electronic evidence timeline is far shorter: Uber and Lyft's trip data, driver logs, and GPS records should be preserved through a formal litigation hold demand within days of the crash. Source: Hawaii Legislature, https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0657/HRS_0657-0007.htm
Yes, and a passenger generally bears no comparative fault for the driver's decisions. Under HRS § 663-31, a passenger's recovery is not reduced by the driver's fault — only by the passenger's own independent negligence, such as failing to wear a seatbelt or distracting the driver. In Hawaii, failure to wear a seatbelt may be raised in evidence but is limited in how it reduces recovery. Passengers in rideshare vehicles should focus their claim on the TNC's $1,000,000 Period 2-3 liability layer, which is designed specifically to cover passenger injuries during active rides.
Period 1 coverage — app active, no ride accepted — provides only $50,000/$100,000/$25,000 under HRS § 271G. This is the most dangerous coverage gap in Hawaii rideshare law: if your damages exceed $50,000 per person and the driver was in Period 1, the TNC coverage floor may be exhausted quickly, leaving you dependent on the driver's personal insurance at the 40/80/20 state minimum. If the driver's personal insurer denies coverage based on a commercial-use exclusion — common when the driver did not disclose rideshare use — the claim requires litigation against both insurers simultaneously. Determining the exact driver status at the moment of impact requires immediate access to Uber or Lyft's timestamped trip records.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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