Dealing with the aftermath of a serious accident is incredibly overwhelming. Between doctor visits, missing work, and trying to heal, your mind is likely racing with questions. One of the biggest anxieties injured folks face is wondering how the insurance companies decide who caused the accident—especially if you worry that you might have played a small role in what happened.
In Hawaiʻi, determining fault is not always a simple, black-and-white calculation. Insurance adjusters like to act as if their word is final, but the reality is governed by specific state laws designed to protect victims. Understanding how fault is evaluated—and how it impacts your financial recovery—is the first step toward reclaiming control over your life.
The Core Rule: Hawaiʻi’s Modified Comparative Negligence Law
When multiple parties share responsibility for an accident, Hawaiʻi operates under a legal system known as modified comparative negligence. This rule determines how much compensation you can recover based on your percentage of fault.
Under Hawaiʻi Revised Statutes Section 663-31, an injured person can still recover financial compensation as long as their share of the blame is not greater than the aggregate negligence of the other parties involved.
In plain terms, this means you can still recover damages if you were 50% or less at fault for the incident. If it is determined that you were 51% or more to blame, you are legally barred from recovering any compensation from the other party.
How Your Compensation is Adjusted
If you are found partially at fault, your final financial recovery will be reduced by your exact percentage of blame. Here is a clear example of how this math works out in real life:
- Total Damages: A jury or settlement evaluation determines your total losses (medical bills, lost wages, pain and suffering) equal $100,000.
- Your Share of Fault: It is determined that you were 20% at fault because you were slightly exceeding the speed limit when another driver blew through a stop sign.
- The Final Outcome: Your total award is reduced by 20% ($20,000). You would receive a final recovery of $80,000.
Because even a tiny 5% shift in blame can cost you thousands of dollars, insurance defense teams will fight tooth and nail to push as much responsibility onto your shoulders as possible.
How Insurance Adjusters and Courts Investigate Fault
Fault is not an opinion; it is a conclusion built on concrete evidence. When insurance companies assess a claim, or when a case goes before a jury, several key pieces of information are scrutinized to piece together exactly what happened.
1. Official Police and Accident Reports
Officers responding to the scene of an accident on Oahu or the Neighbor Islands will interview drivers, speak to witnesses, and document vehicle positioning. The physical evidence from the crash site provides a baseline narrative for the investigation.
2. Physical and Digital Evidence
This includes photos of property damage, skid marks on the asphalt, road conditions, and weather reports. Increasingly, digital evidence plays a massive role. Dashcam footage, nearby business surveillance video, and data from a vehicle’s Event Data Recorder (the automotive “black box”) can definitively prove or disprove a timeline.
3. Traffic Violations and Statutes
If one party violated a traffic law—such as tailgating, failing to yield, or driving under the influence—this establishes strong evidence of negligence. The state provides clear guidelines on driver duties, which you can review through the official rules outlined by the Hawaii State Judiciary, ensuring a clear understanding of legal expectations on local roads.
Crucial Safeguards: The Hawaiʻi Car Accident “No-Fault” Trap
If your injuries stem from a motor vehicle collision, there is an extra layer of complexity you must navigate before you can even sue a negligent driver. Hawaiʻi is a no-fault insurance state, which means your own auto policy covers your immediate medical treatments up to a certain limit, regardless of who caused the crash. This initial coverage is known as Personal Injury Protection (PIP). In Hawaiʻi, the standard legal minimum for PIP coverage is $10,000 per person.
Critical Warning: You cannot pursue a personal injury claim against the at-fault driver for additional damages unless your injuries cross a specific legal threshold.
To step outside of the no-fault system and hold the negligent driver fully accountable, your case must meet at least one of the following criteria:
- Your medical expenses paid under PIP exceed the legislative threshold (typically $5,000, though this varies based on specific policy structures and older statutes).
- The accident resulted in significant, permanent loss of use of a part of the body or a bodily function.
- The accident caused permanent, serious disfigurement that results in severe emotional or distress-related hardships.
Insurance adjusters frequently use this threshold as a shield, claiming your injuries are “minor” or trying to close your medical files prematurely so you never qualify to file a formal liability claim.
Common Insurance Tactics Used to Shift Blame
Insurance corporations do not stay profitable by paying out fair settlements; they protect their bottom lines by minimizing payouts. When you are injured, adjusters will often put on a friendly face while actively looking for ways to twist your words.
- The Recorded Statement Trap: An adjuster will call you shortly after the accident, acting concerned, and ask to record your description of the event. They will use leading questions to get you to admit to being distracted, tired, or unsure, using your own words against you later to inflate your percentage of fault.
- Pre-Existing Condition Blame: If you have ever had a back or neck injury in the past, the insurance company will claim your current pain is just a flare-up of an old issue, rather than a direct result of the crash.
- Delay and Subdue: They may drag out the process, hoping that as your medical bills pile up and your financial stress peaks, you will become desperate enough to accept a lowball offer that blames you for the incident.
Never navigate these high-stakes negotiations alone. Having an elite trial team on your side changes the dynamic entirely, forcing corporate insurers to take your claim seriously.
Protecting Your Right to a Full Recovery
When you are fighting to heal from severe injuries, you should not have to spend your energy arguing with insurance adjusters about percentages of fault. Protecting your future requires aggressive, strategic representation from local advocates who treat you like family, not a file number.
At Potts & Potts, we bring an unrivaled combination of multi-generational legal experience to your side. Senior trial attorney Dennis Potts offers over 50 years of deep-rooted local legal mastery, seamlessly paired with Trevor Potts’ next-generation, award-winning trial drive as a Top 40 Under 40 advocate. We don’t pass your life-changing case off to junior associates or paralegals; our senior attorneys handle your claim from start to finish.
We meticulously prepare every single case for the courtroom from day one, an elite standard of preparation that has fueled our 100% success rate streak in securing favorable outcomes for clients since 2007. Serving Oahu and all Neighbor Islands, we operate on a strict contingency fee basis—meaning you pay absolutely zero legal fees unless we successfully win your recovery. If you or a loved one has suffered due to someone else’s negligence, put a premier trial heavyweight in your corner today by contacting our dedicated Honolulu personal injury attorneys to secure the justice and compensation you rightfully deserve.
This article is intended for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. For advice specific to your situation, please consult a licensed attorney in Hawai’i.