Hawaii · Comparative Negligence

Hawaii Comparative Negligence Rule

Hawaii follows a modified 51% bar rule under Haw. Rev. Stat. § 663-31. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Hawaii

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Hawaii

Modified comparative negligence with a 51% bar; the plaintiff is barred only when fault is "greater than" the defendant’s aggregate fault.

Related: Hawaii statute of limitations

Hawaii gives you 2 years to file a personal injury lawsuit under Haw. Rev. Stat. § 657-7.

See the full Hawaii statute of limitations →

Related: car accident settlements by state

Fault rules like this one change what the same crash pays from state to state. Compare average car accident settlements, fault rules, and filing deadlines side by side.

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This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Hawaii attorney before relying on it.

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Hawaii Comparative Negligence FAQ

What comparative negligence rule does Hawaii follow?

Hawaii follows a modified 51% bar rule under Haw. Rev. Stat. § 663-31. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Hawaii?

Yes, up to a point. In Hawaii you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Hawaii?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Hawaii bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Hawaii?

Hawaii gives you 2 years to file a personal injury lawsuit under Haw. Rev. Stat. § 657-7.

Where can I read the actual rule?

The controlling authority is Haw. Rev. Stat. § 663-31. The full text is linked in the Key Facts section above.

See comparative negligence rules for all 51 covered states