Claiming Loss of Use Damages for a Car After an Accident in Hawaii

Quick answer: In Hawaii you can seek “loss of use” damages to recover the reasonable cost to replace or rent your vehicle while it was unavailable because of a crash caused by another driver. To succeed you must show fault (or a successful claim against the at‑fault party), the vehicle’s period of unusability, and reasonable rental or replacement costs. Gather clear records, notify insurers promptly, and consider small‑claims or civil court if the at‑fault insurer refuses payment.

Detailed answer — How loss of use claims work under Hawaii law

What “loss of use” means

Loss of use is a property damage item: it compensates you for the value of not having your vehicle after a crash. Typical recoverable items include the reasonable rental cost to replace the vehicle while it was being repaired or awaited replacement, or the accepted market value of diminished availability if you used alternate transportation. Hawaii law treats damages from negligence and accidents under the civil tort framework (see Hawaii Revised Statutes, Chapter 663 on negligence and damages):
HRS Chapter 663 (Negligence).

Who can claim loss of use?

The owner of the vehicle is the primary claimant for loss of use.
A lessee or renter with a contractual right to the vehicle may claim loss of use if the rental/lease agreement and state law give the lessee a right to damages for loss of access.

What you must prove

To recover loss of use in Hawaii you generally must show:

Fault: the other driver’s negligence caused the collision (or you obtained a judgment against them).
Period of loss: clear start and end dates when the vehicle was unavailable for its normal function (repair period, salvage period, or time to replace).
Amount: a reasonable daily rental rate or other measure of value for the time the vehicle was unavailable. Hawaii courts and insurers will expect evidence supporting the rate you claim.

How damages are calculated

There are two common measures:

Actual rental cost: receipts/contracts showing you rented a comparable vehicle for the relevant days. This is the strongest proof.
Reasonable rental value: when you did not rent, a claimant may recover the reasonable market rental value for a comparable car. Use local rental rates, dealership loaner rates, or expert testimony if needed.

Courts will not allow speculative or inflated rates. If your vehicle was declared a total loss, loss of use damages usually run from the crash date until you acquired comparable transportation or until a reasonable period required to replace the vehicle.

Required evidence

Police report and accident documentation showing fault.
Repair orders, invoices, and shop estimates showing vehicle was inoperable for specified dates.
Rental agreements and receipts for a replacement vehicle, or market rental rate evidence (quotes from rental companies, dealer loaner policies, advertisements).
Communications with insurers and the at‑fault driver establishing demand and responses.
Photographs showing damage and any documentation showing a declared total loss (if applicable).

Step‑by‑step practical process

Report the accident to your insurer and the at‑fault driver’s insurer right away. Preserve copies of all notices.
Document the period your car was unavailable (dates when it was at the body shop, awaiting parts, or when you lacked comparable transportation).
If you rented, keep all rental agreements and receipts. If you did not rent, collect evidence of reasonable local rental rates for a comparable vehicle.
Submit a written loss of use demand to the at‑fault driver’s insurer that itemizes dates and the daily rate you seek. Include supporting documents (repair orders, rental receipts, market rate evidence).
If the insurer denies or undervalues the claim, consider filing in small claims court for lower dollar disputes or a civil action in district/state court for larger claims. Hawaii small claims procedures and limits are explained by the Hawaii State Judiciary: Hawaii State Judiciary — Small Claims.
Keep mitigation in mind: you are expected to minimize losses. For example, if a reasonable inexpensive alternative (ride‑sharing, family vehicle) existed, a court may reduce award amounts accordingly.

When an insurer refuses to pay

If the at‑fault insurer refuses to pay, your options include negotiating, filing an appraisal or arbitration if your policy or the insurer’s policy provides it, using small claims court, or filing a civil lawsuit. Document your demand letters and the insurer’s responses carefully — this record helps in court and can support a claim for interest or costs where appropriate under Hawaii law.

Time deadlines and statutes of limitation

Hawaii’s statute of limitations for property damage from negligence is generally governed by the civil rules for personal actions. For specific filing deadlines consult the statute or an attorney promptly because missing the deadline can bar recovery. For background on negligence and damages, see HRS Chapter 663: https://www.capitol.hawaii.gov/hrscurrent/Vol13_Ch0601-0678/HRS0663/.

Helpful Hints

Start documenting immediately after the crash: photos, police report number, shop estimates, and any written communications.
Rent a comparable car and keep receipts if you want to claim actual rental costs — insurers favor concrete receipts over estimates of value.
If you don’t rent, research local rental rates and print screenshots or quotes dated close to the repair period to support a reasonable daily rate claim.
Keep a mileage log and purpose of trips if you used alternate vehicles; this can show the actual transportation burden you suffered.
Be reasonable about the daily rate you claim. Using a top‑line luxury rental rate for a compact car will likely be rejected.
If the insurer argues your car was available sooner than you claim, obtain dated repair shop records showing parts delays, repair approvals, or shop workload to corroborate your timeline.
Consider small claims court for disputes under the small claims limit — the Hawaii State Judiciary site explains filing steps: Hawaii State Judiciary — Small Claims.
Consult a licensed Hawaii attorney if your claim is large, denied, or legally complex. An attorney can evaluate legal strategies, including suing the at‑fault driver, seeking prejudgment interest, or handling complex evidence disputes.

Disclaimer: This article provides general information about Hawaii law and common practices for claiming loss of use damages. It is not legal advice and does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed attorney in Hawaii.