A serious motorcycle crash in Honolulu can turn your life upside down in seconds. Between medical appointments, insurance calls, and time off work, it’s easy to lose track of how much time has passed since the accident. But under Hawaiʻi law, there are strict deadlines for filing a lawsuit after a motorcycle accident, and missing them can permanently destroy your right to compensation.
This article explains the key time limits that may apply if you were injured in a motorcycle crash on Oʻahu, including the basic statute of limitations, special rules for wrongful death and government-related claims, and exceptions that may extend or change the deadline. It’s general information, not legal advice. To protect your rights, you should speak with an experienced attorney at Potts & Potts, a Honolulu personal injury law firm as soon as possible.
The Basic Deadline: Two Years for Most Honolulu Motorcycle Accident Lawsuits
For most motorcycle accident injury cases in Hawaiʻi, you have two years to file a lawsuit in court. Hawaiʻi’s statute of limitations for “damage or injury to persons or property” is found in Hawaiʻi Revised Statutes (HRS) § 657-7, which requires that these actions be brought within two years after the cause of action accrues.
Legal guides that summarize Hawaiʻi law, including Nolo and other reputable resources, confirm that most personal injury lawsuits in Hawaiʻi must be filed within two years of the date of injury. This two-year deadline applies broadly to many types of motor vehicle and motorcycle collisions causing bodily injury or property damage.
In addition, Hawaiʻi’s no-fault motor vehicle insurance law includes its own timing rules. Under HRS § 431:10C-315, no suit arising out of a motor vehicle accident may be brought more than the later of certain two-year benchmarks, such as two years after the date of the accident or two years after the last payment of certain insurance benefits, depending on the type of claim. Because motorcycle cases can involve both the general personal-injury statute and the motor-vehicle provisions, it is essential to have a lawyer analyze how these rules fit your specific facts.
If you miss the applicable statute of limitations—even by a single day—the court can dismiss your case, and you may lose your right to compensation forever. That is why talking with a Honolulu motorcycle accident lawyer at Potts & Potts early is so important.
When Does the Clock Start Running on a Motorcycle Accident Claim?
The two-year period does not always start in exactly the same way for every case. In many motorcycle accident claims, the “clock” starts on the date of the crash, but Hawaiʻi law recognizes limited situations where the timeline can be affected by discovery rules, insurance payments, or the nature of the claim.
Depending on your circumstances, the relevant start date might be:
- The date of the motorcycle collision. For most straightforward injury cases, the statute of limitations begins on the day the accident happened on Oʻahu.
- The date your injury was discovered or should reasonably have been discovered. Hawaiʻi courts recognize a “discovery rule” in some personal injury contexts, meaning the clock may start when you knew or should have known of the negligent act, the damage, and its cause. This can be important if certain injuries (like traumatic brain injuries or spinal problems) become apparent only later.
- Key insurance-related dates. For certain motor vehicle insurance and underinsured motorist (UIM) claims, Hawaiʻi’s motor vehicle insurance law measures deadlines from dates like the last payment of benefits, an arbitration award, a final judgment, or payment of liability coverage.
Because there can be overlapping or shifting timeframes, you should not assume you have a full two years to decide. An attorney at Potts & Potts who focuses on Honolulu motorcycle accident claims can review your crash date, medical history, and insurance records to determine the safest filing deadline.
Special Time Limits That Can Affect a Honolulu Motorcycle Accident Case
1. Wrongful Death Claims After a Fatal Motorcycle Crash
If a loved one is tragically killed in a motorcycle accident, Hawaiʻi’s wrongful death statute sets a specific timeline. Under HRS § 663-3, any wrongful death action generally must be filed within two years from the date of death, not the date of the accident. Legal resources summarizing Hawaiʻi wrongful death law confirm that families usually have two years from the date of death to bring a claim.
This can get complicated if death occurs days, weeks, or months after the initial collision, or if there are questions about who may bring the claim. If your family is dealing with a fatal motorcycle crash, talking with a compassionate attorney at Potts & Potts in Honolulu as soon as possible is critical to preserving your claim and honoring your loved one’s rights.
2. Claims Involving the City & County of Honolulu or the State
If your motorcycle crash involved a government vehicle (such as a city bus, police car, or state vehicle) or dangerous road conditions caused by a public entity, additional notice and timing rules may apply. Hawaiʻi law (HRS § 46-72) and related authorities require that claims against a county be presented in writing within a specified period and impose a two-year limit to file suit based on the incident.
The City and County of Honolulu’s own Notice of Claim form expressly warns that Hawaiʻi law requires any lawsuit based on the incident described to be filed within two years of the date of that incident, and that submitting a claim does not extend the statute of limitations. In other words, even if you file a written claim with the city, you can still lose your rights if you do not file a timely lawsuit.
Government-related deadlines are easy to misunderstand and very unforgiving. If your motorcycle crash may involve a public entity, you should contact a Honolulu motorcycle accident attorney at Potts & Potts immediately so those specialized deadlines can be calculated and preserved.
3. Minors and People With Certain Disabilities
Hawaiʻi recognizes that some injured people may not be able to protect their rights right away. Under HRS § 657-13, if a person entitled to bring an action is under 18 (a minor), legally insane, or imprisoned when the claim arises, the statute of limitations can be tolled (paused) during the disability, so long as certain conditions are met.
Courts and commentators note that this rule is intended to protect minors and others with legal disabilities by allowing extra time after the disability is removed, though there are special restrictions when the defendant is the State. Because the interaction between disability tolling and other statutes (like state tort claims acts) is complex, it should always be evaluated by a lawyer familiar with Hawaiʻi appellate decisions.
4. Insurance and Underinsured Motorist (UIM) Deadlines
Beyond the main statute of limitations, motorcyclists must also pay attention to deadlines in their insurance policies and Hawaiʻi’s no-fault law. HRS § 431:10C-315 and related commentary explain that different two-year clocks may apply for bad-faith claims, underinsured motorist claims, or lawsuits filed after final judgments or arbitration awards.
Hawaiʻi injury-law resources emphasize that for vehicle accident claims, deadlines may be measured from the accident date, the last payment of motor vehicle insurance benefits, or other key events. Missing any of these time limits can jeopardize your ability to recover from your own insurer, even if the other driver was clearly at fault.
Why You Shouldn’t Wait to Talk With a Honolulu Motorcycle Accident Lawyer
Even though Hawaiʻi law often gives you up to two years to file a lawsuit, waiting until the deadline is risky. Legal and consumer-education resources repeatedly warn that missing the statute of limitations—even by a short period—can result in your case being “forever barred.” In practical terms, waiting also makes it harder to build a strong claim.
Delaying legal help can hurt your case in several ways:
- Evidence can be lost. Skid marks fade, damaged vehicles are repaired or scrapped, surveillance footage is erased, and critical physical evidence disappears if not preserved promptly.
- Witness memories fade. People forget details about speed, traffic signals, weather, and how the crash happened. Early interviews and statements are usually more accurate.
- Insurance companies may use delay against you. Insurers know the deadlines and sometimes stall or encourage “informal” discussions while the clock runs down, limiting your leverage once the filing window closes.
- Medical documentation needs to be developed. Establishing causation and the full extent of your injuries often requires consistent treatment and clear records that connect the crash to your symptoms.
An early consultation with a Honolulu motorcycle accident lawyer at Potts & Potts can help you understand which deadlines apply, what evidence needs to be preserved, and how to handle communications with adjusters so you don’t accidentally weaken your claim.
How Potts & Potts Helps Protect Your Hawaiʻi Motorcycle Accident Claim
Every motorcycle collision is unique, and the best way to know exactly how long you have to file is to get a personalized review of your situation. When you contact Potts & Potts in Honolulu, the firm can:
- Identify all applicable deadlines. This includes the general personal-injury statute of limitations, wrongful death timing, government-notice requirements, and any insurance-policy specific time limits that could affect your case.
- Investigate how the crash happened. The firm can gather police reports, witness statements, scene photos, and, when needed, work with accident-reconstruction experts to show how the other driver or another party was at fault.
- Coordinate your medical documentation. Clear records of your injuries, treatment, and prognosis are critical for pursuing full compensation for medical bills, lost wages, pain and suffering, and other losses recognized under Hawaiʻi law.
- Handle negotiations with insurers. Potts & Potts can manage communications with both the at-fault driver’s insurer and your own carrier, pushing for fair settlements while keeping an eye on all critical filing dates.
- File a lawsuit if necessary. If reasonable settlement isn’t possible, the firm can timely file and prosecute a lawsuit in Hawaiʻi courts to protect your rights before the statute of limitations expires.
What to Do Now If You Were Hurt in a Honolulu Motorcycle Crash
If you were injured in a motorcycle accident anywhere in Honolulu or elsewhere on Oʻahu, it’s wise to assume that the clock may already be ticking. Here are practical steps you can take right now:
- Get the medical care you need and follow your doctor’s recommendations.
- Keep copies of all medical records, bills, wage-loss documentation, and insurance correspondence.
- Take photos of your injuries, your motorcycle, the crash scene, and anything else that shows what happened.
- Avoid giving detailed recorded statements to insurance adjusters before you understand your rights.
- Contact a qualified attorney promptly to learn the specific deadlines that apply to your case.
To discuss your situation, learn how Hawaiʻi’s statute of limitations applies to your crash, and get help protecting your claim before time runs out, consider reaching out to a Honolulu motorcycle accident lawyers or visiting the Potts & Potts law firm website today. An early call can make the difference between a strong case and a claim that is barred by the calendar.