If you’re driving a rental car in Hawaii and get hit by someone without insurance, the law doesn’t just leave you on your own. Hawaii has specific rules that protect drivers even visitors in these situations. But knowing what those rules are, and how they apply to rental vehicles, can make a big difference in whether you recover your costs or end up stuck with them.

What does “uninsured motorist” mean under Hawaii law?

An uninsured motorist is any driver who causes an accident but doesn’t carry the minimum liability coverage required by Hawaii law. That minimum is $20,000 per person and $40,000 per accident for bodily injury, plus $10,000 for property damage. If the at-fault driver doesn’t have this, they’re considered uninsured even if they have some coverage that’s too low.

Hawaii also includes “underinsured” drivers in this category. So if their policy exists but won’t cover your full medical bills or car repairs, you may still qualify for uninsured motorist benefits through your own coverage or the rental company’s policy.

Who pays when the other driver has no insurance?

In most cases, your own auto insurance if you brought it from home will step in first. Many personal policies include “uninsured/underinsured motorist coverage” (UM/UIM), which applies even when you’re behind the wheel of a rental. Check your declaration page or call your insurer before your trip to confirm.

If you don’t have personal coverage, the rental company’s insurance might help. In Hawaii, rental agencies are required to offer supplemental liability protection (SLP) and optional collision damage waivers (CDW). But SLP usually only covers liability you cause not damage done to you by someone else. That’s where things get tricky.

Here’s the key: Hawaii law requires every vehicle registered in the state to carry UM/UIM coverage unless the owner signs a written waiver. Rental cars fall under this rule. So even if you declined extra coverage at the counter, the rental car itself likely carries baseline UM/UIM protection. You may be able to file a claim through the rental company’s insurer.

Common mistakes people make after a rental car crash with an uninsured driver

  • Assuming the rental company won’t cover anything. Even if you didn’t buy their add-ons, state-mandated UM/UIM may still apply.
  • Waiting too long to report the accident. Hawaii gives you two years to file a lawsuit, but delays hurt your chances with insurers. Report within 24 hours if possible.
  • Not documenting the scene. Take photos of the cars, license plates, road conditions, and any visible injuries. Get the other driver’s info even if they claim to have insurance.
  • Signing anything from the rental company without reading it. Some forms try to limit your rights or shift blame. Don’t assume “standard paperwork” is harmless.

What if I’m a tourist with a foreign license?

Your license status doesn’t change your right to compensation. Hawaii recognizes valid foreign licenses for visitors. What matters is fault and insurance coverage not where you’re from. If you were legally driving and got hit by an uninsured local, you still have options. You might want to review this resource on handling accidents as an international visitor to understand your next steps clearly.

Can I sue the uninsured driver directly?

You can, but it’s rarely practical. Most uninsured drivers don’t have assets or income to collect from. Even if you win in court, enforcing the judgment is another hurdle. That’s why UM/UIM coverage exists to give you a realistic path to recovery without chasing someone who can’t pay.

That said, if the driver was grossly negligent (like drunk driving or fleeing the scene), you might have additional claims. Talk to a local attorney familiar with these cases. For example, some attorneys specialize in helping tourists navigate post-accident claims and know how to work with rental companies and local insurers.

What should I do immediately after the crash?

  1. Call 911. Police reports matter especially when the other driver is uninsured.
  2. Notify the rental company. Don’t wait until you return the car.
  3. Contact your own insurer even if you think they won’t cover rentals.
  4. Save all receipts: towing, medical visits, hotel stays if you’re stranded.
  5. Don’t admit fault or sign releases until you understand your coverage.

Is my credit card’s rental coverage enough?

Most credit card protections only cover collision or theft of the rental car not injuries or claims against uninsured drivers. They’re not a substitute for UM/UIM. Always check your card’s terms. You can usually find them online or by calling customer service.

For more details on how coverage layers interact in Hawaii, see this breakdown of liability rules specific to rental accidents.

One thing to keep in mind: Hawaii follows a “no-fault” system for minor injuries, meaning your own PIP (Personal Injury Protection) pays first regardless of who caused the crash. But once medical costs exceed $5,000 or involve serious injury, you can pursue the at-fault driver or their lack of insurance through UM/UIM channels.

For official reference, you can review Hawaii’s motor vehicle insurance statutes through the Insurance Division of the Department of Commerce and Consumer Affairs.

Quick checklist after a rental car accident with an uninsured driver in Hawaii:

  • ✅ Call police and get a report number
  • ✅ Notify rental company same day
  • ✅ Contact your personal insurer
  • ✅ Ask rental company for their UM/UIM policy details
  • ✅ Save all medical and expense records
  • ✅ Avoid signing anything until you understand your rights
  • ✅ Consider talking to a local attorney if bills pile up or the rental company resists