Frequently Asked Questions (FAQs) – Public
How do I file a claim against the State for property damage or bodily injury?
Complete the Claim for Damage or Injury form (RMTC) and return it to the Risk Management Office at:
State of Hawaii
Department of Accounting and General Services
Risk Management Office
P.O. Box 119
Honolulu, Hawaii 96810-0119
If your claim is accepted, the following is a list of some of the steps you can take to document your loss:
- You may need to submit 2 estimates for the damage, or the repair bill
- Photographs help to document the damage
- Registration and insurance card (for a vehicle)
- Other documentation to provide proof of ownership
- Copies of medical bills
- Photographs of your injury, especially if it is a scar
- Documentation of wage loss
What happens after I submit my claim?
The Risk Management Office will send an acknowledgement letter to you. That letter will have the name of the Risk Management Office adjuster handling your claim and their direct telephone number.
The adjuster will initate an investigation with the assistance of the department involved. The department then submits a report to the Risk Management Office for use in making a decision. If additional information is required, an adjuster will contact you.
How long does it take for a decision on my claim?
The Risk Management Office takes approximately 60 days to conclude the investigation and make decision on your claim.
What is the decision based upon?
The decision to pay a claim is based upon whether the State was negligent (i.e.:could the State have prevented the incident from occuring).
The Risk Management staff will review the reports from the State agencies as part of the investigation and analyze the facts before making a decision to pay or deny the claim.
What should I do in the meantime?
It is in your best interest to mitigate your damages. That means you need to keep your expenses related to the loss at a minimum. For example, if you can easily repair the damage to your vehicle and get it safely back on the road, you should do so, instead of renting a vehicle while you wait for our decision.
You should take photographs and obtain at least 2 estimates.
You can also report the accident to your own insurance company and have them assist you in making a claim against the State.
How long do I have to make a claim against the State?
You should file a claim as soon as possible because the statute of limitations on all claims against the State is two years from the date of the accident or incident. That means, if your claim is not resolved before the two year statute of limitations, the State is not obligated to settle the claim.
The fact that you submit a claim does not mean that you have taken action to prevent the statute of limitations from expiring.
Does the State pay my medical bills if I am injured?
No. The State will reimburse you for reasonable and necessary medical expenses incurred provided the State is negligent.
It is your responsibility to pay the medical bills until the claim is resolved. The State will not be responsible for late fees or interest.
I was in a automobile accident with a State employee. Will the State send their insurance appraiser to inspect my vehicle?
No, you should obtain at least 2 estimates for the damage. It is also recommended that photographs be taken of the damage. You can report the accident to your insurance company and have them assist you in making a claim against the State.
If I rent a vehicle while my vehicle is being repaired, will the State reimburse me?
Yes, if the State accepts liability for the accident and the reimbursement is for a comparable vehicle. Reimbursement includes the costs of rental, State tax, Concession Recovery Fee tax, Hawaii State Surcharge fee, and Vehicle license Fee. We will NOT consider additional charges such as: collision deductible waiver, personal accident insurance, or fuel charges.
If the repair shop has a loaner it should be used. The State does not arrange a rental for you and only rental charges for the time the vehicle is under repair or not drivable are considered. That does include the time waiting for parts to be ordered and if the vehicle is still drivable.
What action can I take if I disagree with the State’s decision on my claim?
- provide additional information for us to reconsider your claim.
- file a lawsuit.
REMINDER: You have 2 years from the date of the accident to finalize your claim without filing a lawsuit.