How To Claim an Abandoned Vehicle in Hawaii

Obtaining title to an abandoned vehicle in Hawaii is a legal process governed by statutory procedures established in Hawaii Revised Statutes Chapter 290. The process involves notice requirements, prescribed timelines, and either a public auction or a private sale mechanism, depending on the vehicle classification and county procedures. Each of Hawaii's four counties—Honolulu, Hawaii, Maui, and Kauai—operates its own motor vehicle division and manages abandoned vehicles in accordance with state law.

What Qualifies as an Abandoned Vehicle in Hawaii

Under Hawaii state law, a vehicle is considered abandoned under specific criteria. A motor vehicle is considered abandoned if it meets the following conditions:

• Left unattended on a public road, highway, or other public property for more than 24 hours in an unlawful parking location on any public highway or other public property, including setbacks, shoulders, easements, or rights of way adjacent to or part of a public highway. This is the primary definition under which county agencies take custody of vehicles.
• Left on public housing authority property for more than 24 hours after a conspicuous notice has been posted on the vehicle, in the case of property owned, managed, or administered by the Hawaii public housing authority.
• Left on pending dedication roads for more than 24 hours after notice is posted, in the case of roads for which dedication to the State or county is pending.

Private Property: Vehicles left unattended on private property without authorization may be towed by the property owner under HRS § 290-11, but counties do not assume custody of such vehicles. If a vehicle is parked on private property without authorization, the property owner must post conspicuous notice and follow the towing procedures under HRS § 290-11. This is a separate process from the county-managed abandoned vehicle program described in this article.

A motor vehicle is further classified as a derelict vehicle if it has sustained material damage or is missing major parts rendering it inoperable and one or more of the following conditions exist: the registered and legal owners no longer reside at the addresses on record; the registered and legal owners disclaim ownership or transfer title was never completed; the vehicle identification number or license plates have been removed; the vehicle has not been registered for the previous twelve months; or no county registration record exists for the vehicle.

Individual counties may adopt local ordinances defining abandoned vehicles. In the absence of a specific county ordinance, the state statutory definition applies.

Process To Claim an Abandoned Vehicle in Hawaii

Understanding the Abandoned Vehicle Process

When an abandoned vehicle is identified on public property or a public roadway, the applicable county agency takes custody. The county may then proceed through a public auction process, negotiated sale, junk disposal, or donation to a governmental agency. The specific process varies by county and vehicle type. Additionally, a person who does not have legal ownership may repossess an abandoned vehicle prior to public auction or disposal by paying all towing, handling, storage, appraisal, advertising, and related expenses and by posting adequate security not to exceed the vehicle's value. This security, if not forfeited, is returned two years from receipt.

Report or Identify the Abandoned Vehicle

The initial step in claiming an abandoned vehicle depends on the vehicle's location and circumstances. If the vehicle has already been removed by county authorities following police notification, the claimant may contact the relevant county agency directly. If the vehicle remains on public property, any person may report the vehicle to the applicable county police department or use the county's online abandoned vehicle reporting system.

• Honolulu County: Report abandoned vehicles to the Motor Vehicle Control Section by calling (808) 768-2530 or through the online form at the Honolulu abandoned vehicle reporting system.
• Hawaii County: Report vehicles to the Derelict and Abandoned Vehicle Program at (808) 961-8552 (Hilo Office) or (808) 327-3539 (Kona Office), or use the online reporting form.
• Maui County: Report vehicles to the Maui Police Department non-emergency line at (808) 244-6400 extension 0, or contact the Abandoned Vehicle Office at (808) 270-6102.
• Kauai County: File a report using the Kauai Abandoned and Derelict Online Report or contact the Derelict and Abandoned Vehicle Coordinator at (808) 241-1965.

Verify Ownership and Identify the Registered Owner

Once a vehicle is in county custody, the county agency identifies the registered and legal owners by consulting the county director of finance's motor vehicle records or, for vehicles titled outside the county, by contacting the appropriate county or state vehicle registration office. This identification is necessary to send the required notice of possession.

Receive and Send Notice to Owner

When custody of an abandoned vehicle is taken, a written notice must be sent by registered or certified mail immediately to the legal and registered owner at the address on record with the county director of finance. The notice must include a brief description of the vehicle, the location where it is being held, the towing, storage, and related charges incurred, and the intended disposition if the vehicle is not reclaimed within the statutory timeframe.

For vehicles registered within the county, the notice period is 10 days after mailing. For vehicles with out-of-state registration, the notice period is 20 business days from the mailing date. For a vehicle with derelict status, notification may not be required if the owner cannot be identified or located.

A notice is deemed received five days after mailing in the absence of evidence to the contrary.

Allow the Statutory Reclaim Period

The registered or legal owner may reclaim the vehicle and all personal property within the prescribed notice period by paying all towing, handling, storage, appraisal, advertising, and other expenses incurred. If the owner does not claim the vehicle within this timeframe, the county may proceed with disposition.

File Notice of Public Auction or Sale

If the vehicle is to be sold rather than disposed of as junk, a notice of public auction must be published at least once in a newspaper of general circulation in the county where the vehicle is located. The public auction must be held at least 5 days after publication.

• Honolulu County: Auctions are conducted periodically. Vehicles may be sold as is, sold as junk, disposed of, or donated to a governmental agency. Minimum bids are typically set at $50.00 per vehicle. Auctions are announced through the Honolulu public auction website.
• Hawaii County: Public auctions are held as scheduled and published in local newspapers.
• Maui County: The county notifies owners of towed and abandoned vehicles and schedules auction dates accordingly.
• Kauai County: The county follows state auction procedures if the vehicle is not reclaimed.

Conduct the Public Auction or Negotiated Sale

If the vehicle remains unclaimed after the notice period and public announcement, the county conducts the public auction. The vehicle is offered to the highest bidder in a public, competitive bidding process. If no bid is received at public auction, the vehicle may be sold by private negotiation, disposed of as junk, or donated to a governmental agency.

Complete the Bill of Sale

When a vehicle is sold at a public auction or through private negotiation, the authorized county officer executing the sale issues a bill of sale. Under HRS § 290-6, the transfer of title and interest by sale is considered a transfer by operation of law. If the original certificate of ownership or registration is unavailable, the bill of sale executed by the authorized county officer constitutes satisfactory evidence authorizing the transfer of title or interest.

Apply for Vehicle Title

The successful purchaser of an abandoned vehicle must apply for a certificate of title with the appropriate county motor vehicle registration office within 30 days of the sale to secure legal ownership. Title application fees vary by county and typically range from $5.00 to $10.00.

• Honolulu County (Oahu): Apply for a title at the Hookele Service Center, 3rd floor, or by mail to the Division of Motor Vehicles, Department of Customer Services. Phone: (808) 538-5629.
• Hawaii County: Apply at the Vehicle Registration and Licensing Division, 120 Pauahi Street, Suite 100, Hilo, HI 96720, or the Kona office. Phone: (808) 961-8351 (East Hawaii) or (808) 323-4818 (West Hawaii).
• Maui County: Apply at the Division of Motor Vehicles & Licensing, 200 S. High Street, Kalana O Maui Building, Wailuku, HI 96793. Phone: (808) 270-7363.
• Kauai County: Apply at the Division of Motor Vehicles, Department of Finance, 4444 Rice Street, Lihue, HI 96766. Phone: (808) 241-4256.

Special Rules for Derelict Vehicles

Derelict vehicles may be immediately disposed of or sold as junk without complying with the public notice and auction requirements applicable to standard abandoned vehicles, provided the administrative head of the county agency has made the derelict determination under HRS § 290-8. Derelict vehicles are those with material damage rendering them inoperable where one or more specific conditions exist, including: the registered and legal owners no longer reside at their addresses on record; the owners disclaim ownership or title transfer was not completed; the vehicle identification number or license plates have been removed; the vehicle has not been registered for the previous twelve months; or no county registration record exists for the vehicle. Derelict vehicles are typically recycled or disposed of at authorized recycling facilities rather than sold to the public.

Maintain Records

The county maintains records of all abandoned vehicle transactions, including notices sent, proof of mailing, towing and storage invoices, sale documents, and proceeds disposition. These records are subject to state audit and verification requirements.

Hawaii Storage Fees and Financial Considerations

Storage Fee Assessment

Towing and storage charges are assessed against the registered owner of an abandoned vehicle. Towing charges and storage fees are incurred from the date the vehicle is taken into county custody.

Under HRS § 290-11, the current statutory maximum charges are:

Each county may apply these rates based on location and circumstances. The registered owner is responsible for all towing and storage charges.

County-Specific Administrative Fees

• Hawaii County: Administrative fee of $50.00 is charged in addition to towing and storage charges.
• Other Counties: Counties may assess reasonable administrative or processing fees as permitted by local ordinance.

Towing Company Requirements

Towing companies engaged in towing under this statute must notify the police department by telephone prior to towing to determine if the vehicle is needed for police investigation. If the vehicle is towed and not claimed within 48 hours, written notification must be sent to the police department. Towing companies in counties with a population greater than 500,000 (currently Honolulu) must offer towing and storage services 24 hours per day, 7 days per week, including vehicle release to the registered owner, the legal owner, the insurer, or a designated representative.

Disputes Over Towing and Storage Charges

If a vehicle owner disputes towing or storage charges, the owner or designee may contact the towing company and law enforcement directly. A person charged in excess of the statutory charges may pursue legal recovery for damages. If a court judgment is rendered in the plaintiff's favor, the court shall award the plaintiff the damages and reasonable attorney's fees, together with the cost of suit. Consumers may also contact the Hawaii Department of Commerce and Consumer Affairs for consumer information and assistance with complaints.

Sale Proceeds and Remittance

When an abandoned vehicle is sold, the authorized seller is entitled to reimbursement from the proceeds for all expenses, including towing, handling, storage, appraisal, advertising, notice costs, and any other related charges. Under HRS § 290-7, any remaining balance from the sale proceeds must be deposited into the general fund of the applicable county. The legal or registered owner of the vehicle is entitled to recover any excess of the sale proceeds over expenses by filing a claim with the county within one year from the execution of the sales agreement. The registered owner receives priority of payment to the extent of any registered lien on the vehicle.

Contact Information

Honolulu County (Oahu)
Department of Customer Services, Division of Motor Vehicles
Kapahulu Road Test and Motor Vehicle Control
1112 Kapahulu Avenue, Honolulu, HI 96816
Phone: (808) 768-2530 (Abandoned Vehicle) or (808) 768-4325 (Registration/Title)
Official Website: Honolulu Department of Customer Services

Hawaii County
Department of Environmental Management
Derelict and Abandoned Vehicle Program
345 Kekūanāoʻa Street, Suite 41, Hilo, HI 96720
Phone: (808) 961-8552 (Hilo) or (808) 327-3539 (Kona)
Official Website: Hawaii County Derelict and Abandoned Vehicle Program

Maui County
Division of Motor Vehicles & Licensing
200 South High Street, Kalana O Maui Building, Wailuku, HI 96793
Phone: (808) 270-6102 (Abandoned Vehicle Office) or (808) 270-7363 (Division of Motor Vehicles & Licensing)
Official Website: Maui County Division of Motor Vehicles & Licensing

Kauai County
Department of Finance, Division of Motor Vehicles
4444 Rice Street, Lihue, HI 96766
Phone: (808) 241-1965 (Derelict and Abandoned Vehicle Coordinator) or (808) 241-4256 (Motor Vehicles)
Official Website: Kauai County Division of Motor Vehicles