Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar
Circuit # 9

>Photo of Hawaii

Med Pay Subrogation - Yes
PIP Subrogation - No

Statute of Limitations

  • Statute of Repose: Products N/A
  • Statute of Repose: Real Property 10 years
  • Breach of Contract (Written) 6 years
  • Personal Property 2 years
  • Personal Injury 2 years
  • Warranty 4 years

Able to Pursue Owner

Sue Owner for Negligence – YES
Suspend Owner’s License – YES

Deductible Reimbursement

Dollar One (Insured Made Whole) State (if recovery more than $2,500 from uninsured motorist), Pro Rata State (if recovery less than $2,500 from uninsured motorist) & Undecided/ Pro Rata Default (if uninsured motorist is not involved)

Haw. Stat. § 431:10C-305.5


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

The portion of the defendant’s after tax wages that must be withheld is 5% of the first $100 per month, 10% of the next $100 per month and 20% of all sums in excess of $200 per month, or an equivalent portion of these amounts per week. Wages and other compensation owed to the debtor for personal services rendered by the debtor during the 31 days prior to a proceeding are exempt

Parental Responsibility

Auto Liability (Minor Under 18); Tortious Acts (Unmarried Minor Child); Graffiti (Minor Child)
Dollar Limit on Parents’ Liability: Unlimited
Person verifying driver’s license jointly and severally liable; Joint and several liability imposed for child’s tortuous acts; Parents liable for graffiti damage and obligation to clean damage up

Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.