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State law · HI

Hawaii diminished value claims

Probably, against the at-fault driver, but Hawaii law is thin. Hawaii's appeals court has approved the before-and-after value measure for vehicle damage, yet no Hawaii appellate decision was found on lost value after a proper repair. No authority was found on claims against your own insurer, so that depends on your policy. Suits for property damage must be filed within two years.

Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice

Last reviewed

Hawaii law

What Hawaii law says about diminished value

Third-party claim

Against the at-fault driver’s insurer

Unsettled

In Richards v. Kailua Auto Machine Service (1994), Hawaii's Intermediate Court of Appeals described the difference in value immediately before and after damage as the measure most often approved for repairable vehicles, noting other states allow repair cost plus post-repair value loss. That was a repair-shop case. No Hawaii decision squarely allowing inherent diminished value after an adequate repair was found.

Authority: Richards v. Kailua Auto Machine Service, 10 Haw. App. 613, 880 P.2d 1233 (1994)

First-party claim

Against your own insurer

Unsettled

No Hawaii statute, regulation or appellate decision on whether your own collision coverage must pay diminished value was found. Coverage depends on the policy wording; standard repair-or-replace language has been read not to include diminished value in many other states.

Case law

Key Hawaii court decisions

Richards v. Kailua Auto Machine Service

Intermediate Court of Appeals of Hawaii · 1994

10 Haw. App. 613, 880 P.2d 1233 (1994)

In a claim against a repair shop, the court described the difference between a vehicle's value immediately before and after damage as the measure most often approved where the vehicle is repairable, with repair cost as evidence of that depreciation.

Status: treatment unclear: Garage-negligence context, not a collision between drivers.

Read the decision

Statutes and rules

  • Haw. Rev. Stat. § 657-7: Damage to persons or property

    Actions for compensation for damage or injury to persons or property must be brought within two years after the cause of action accrues (except as provided in § 657-13).

  • Haw. Rev. Stat. § 431:10C-301 (as amended): Required motor vehicle policy coverage

    Per the Hawaii Insurance Division, minimum liability limits rose to $40,000 per person, $80,000 per accident bodily injury and $20,000 property damage for new and renewal policies effective on or after 1 January 2026, plus $10,000 PIP.

Deadlines and minimum coverage

Time limit for a property-damage lawsuit
2 years (Haw. Rev. Stat. § 657-7). Damage to property. First-party contract claims may have a different period (not researched) and policies may set their own deadlines.
Minimum liability insurance
$40,000 per person / $80,000 per accident bodily injury; $20,000 property damage. 2026-01-01 (new and renewal policies). The at-fault driver’s property-damage limit can cap what their insurer pays.
If your claim stalls
You can file a complaint with the Hawaii Department of Commerce and Consumer Affairs, Insurance Division.
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Autoloss in HI

Appraisals for Hawaii vehicles

We serve Hawaii from your repair order, photos and records, the same way we serve every state. A typical diminished-value appraisal is $250–$350, typically 24–48 hours after all required information is received.

  1. 1

    Free claim review

    Tell us about the vehicle and the Hawaii claim.
  2. 2

    Send photos and repair records

    Final invoice, photos, and the insurer’s claim details.
  3. 3

    Receive your appraisal

    Reviewed by Monica Fisher, with a custom demand letter.
What the report includes

Have a Hawaii diminished value claim?

The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.