Hit and Run in Hawaii: Charge Tiers, Surcharges, and Restitution

A hit and run in Hawaii can be charged as anything from a low-level property offense up to a Class B felony carrying ten years in prison, depending on whether anyone was hurt and how badly. Hawaii splits these cases across four separate statutes, each keyed to the severity of harm. The most serious charges also trigger mandatory license revocation, hundreds of dollars in surcharges, and court-ordered restitution to the victim.

The Four Charge Tiers

Hawaii doesn’t treat every driver who leaves a scene the same way. The statute you get charged under, and the penalty that follows, depends entirely on the worst injury the collision caused.

Death or Serious Bodily Injury

Under Section 291C-12, leaving the scene of a collision that killed someone or caused serious bodily injury is a Class B felony. “Serious bodily injury” is defined as an injury creating a substantial risk of death, serious permanent disfigurement, or long-term loss or impairment of a body part or organ.1FindLaw. Hawaii Code 707-700 – Definitions of Terms in This Chapter2Justia. Hawaii Code 706-660 – Sentence of Imprisonment for Class B and C Felonies3Justia. Hawaii Code 291C-12 – Collisions Involving Death or Serious Bodily Injury

Substantial Bodily Injury

Section 291C-12.5 covers collisions where the victim suffers “substantial bodily injury,” a specific tier below serious injury that includes bone fractures, serious concussions, second-degree or worse burns, deep lacerations or puncture wounds, and damage to internal organs.1FindLaw. Hawaii Code 707-700 – Definitions of Terms in This Chapter Fleeing this type of collision is a Class C felony,4Justia. Hawaii Code 291C-12.5 – Collisions Involving Substantial Bodily Injury with a maximum sentence of five years.2Justia. Hawaii Code 706-660 – Sentence of Imprisonment for Class B and C Felonies

Bodily Injury

Section 291C-12.6 applies when someone is injured but the injury doesn’t reach the “substantial” or “serious” threshold. Bruises, minor cuts, whiplash. This is a misdemeanor,5Justia. Hawaii Code 291C-12.6 – Collisions Involving Bodily Injury carrying up to one year in jail.6Justia. Hawaii Code 706-663 – Sentence of Imprisonment for Misdemeanor and Petty Misdemeanor

Property Damage Only

When no one is hurt and the only damage is to vehicles or other property, Section 291C-13 applies. The statute cross-references Hawaii’s general sentencing framework rather than fixing its own class,7Justia. Hawaii Code 291C-13 – Collisions Involving Damage to Vehicle or Property with a maximum of one year in jail for a misdemeanor or thirty days for a petty misdemeanor.6Justia. Hawaii Code 706-663 – Sentence of Imprisonment for Misdemeanor and Petty Misdemeanor

Because the gap between these tiers is so wide, the injury classification itself is often the fight. Downgrading from a Class B felony to a Class C felony, or from a felony to a misdemeanor, can mean the difference between years in prison and months in jail.

Mandatory Surcharges

On top of any fine or jail time, each tier carries mandatory surcharges deposited into Hawaii’s neurotrauma and trauma system special funds. The amounts scale with severity.

What the Law Required You to Do

The duty every driver owes after a collision sits in Section 291C-14. If anyone is hurt, killed, or if any vehicle or property is damaged, you must give your name, address, and vehicle registration number to the other people involved. If a police officer is present or investigating, you also have to show your driver’s license. When anyone is injured, you must provide reasonable assistance, which includes arranging transportation to a hospital when the person clearly needs medical attention or asks to be taken.8Justia. Hawaii Code 291C-14 – Duty to Give Information and Render Aid

If no one at the scene is in condition to receive your information and no officer is present, you must report the collision to the nearest police station as soon as possible.8Justia. Hawaii Code 291C-14 – Duty to Give Information and Render Aid

Section 291C-16 adds a separate reporting requirement. You must immediately contact the nearest police officer, using the quickest means of communication available, if a collision results in any injury, any death, or total property damage that appears to reach $3,000 or more. If the driver is physically unable to make the report and another occupant of the vehicle can, that occupant is required to do so.9Justia. Hawaii Code 291C-16 – Immediate Notice of Collision

For a parked car or unattended property, Section 291C-15 lets you either track down the owner and give your information or leave a written note in a visible spot on the damaged property with your name, address, and registration number. Either way, you must also notify the nearest police officer without unnecessary delay.10Justia. Hawaii Code 291C-15 – Duty Upon Striking Unattended Vehicle or Other Property

Restitution to the Victim

Fines and surcharges go to the state. Restitution is separate, and it goes to the victim. Under Section 706-646, the court must order a defendant to pay restitution for reasonable, verified losses when the victim requests it. That covers the full value of damaged or stolen property, medical expenses including mental health treatment, funeral and burial costs, and lost earnings including paid leave.11FindLaw. Hawaii Code 706-646 – Restitution

The court cannot consider a defendant’s ability to pay when deciding the amount owed. Financial circumstances only affect the payment schedule. A judge can order the full documented losses regardless of the defendant’s income or assets.11FindLaw. Hawaii Code 706-646 – Restitution

Insurance and Civil Exposure

Hawaii runs a no-fault auto insurance system. Your own insurer pays your medical bills after a collision regardless of who caused it, through mandatory personal injury protection coverage set at a statutory minimum of $10,000 per person.12Justia. Hawaii Code 431:10C-304 – Obligation to Pay Personal Injury Protection Benefits Fleeing doesn’t automatically strip that coverage, but it can complicate a claim and give the insurer grounds to investigate harder. After a hit and run conviction, insurers routinely raise premiums or cancel the policy.

Victims can also sue in civil court. Hawaii’s statute of limitations for personal injury claims is two years from the date of the collision.13Justia. Hawaii Code 657-7 – Damage to Persons or Property The civil burden of proof is lower than in a criminal case: the victim only needs to show it’s more likely than not that the driver caused the harm. Damages can include medical bills, lost wages, property repair costs, and pain and suffering. A criminal conviction for hit and run is strong evidence in a later civil case, though it isn’t technically required.

Defenses That Actually Apply

Every Hawaii hit and run statute requires the driver to have been “involved in a collision.” That wording opens the most common defense: genuine lack of awareness that any collision happened. If a driver truly didn’t know they struck someone or something, they couldn’t have intentionally failed to stop. The defense works best with minor-contact incidents, loud road conditions, or physical evidence that supports the claim, and it falls apart quickly when the impact was obviously severe or witnesses saw the driver look back.

Duress or necessity is a second option. If a driver left because of an immediate threat to their physical safety, someone at the scene acting aggressively for instance, that context can reduce or eliminate liability. Courts want credible support: witness testimony, video, a 911 call made shortly after. Driving straight to the nearest police station to report the collision strengthens the argument considerably.

The third is challenging the injury classification. Because penalties change so sharply between tiers, defense attorneys often contest whether an injury really meets the statutory definition of “serious” or “substantial” bodily injury. Winning that argument can move a case a whole tier down the ladder.