What happens if I wait to report my child's Kaneohe daycare injury?
What the insurance company does not want you to know is this: the common line, "your child can wait until 18, so there's no rush," is wrong in practice and can cost you evidence, coverage, and leverage right now.
Yes, Hawaii often pauses the statute of limitations for minors, so a child's injury claim may not expire on the same 2-year schedule that applies to adults under HRS § 657-7. But waiting to report the injury is still dangerous.
First, the daycare writes its version of events while memories are fresh. Staff change stories, video gets erased, and incident logs disappear. In Kaneohe, that can mean losing proof of a fall from playground equipment or a bunk bed injury before you ever ask for it.
Second, the insurer argues the injury must not have been serious because you delayed. That gets worse if your child was treated later at Adventist Health Castle or elsewhere and the records do not match the daycare's timeline.
Third, if the daycare is licensed, a report can trigger records with Hawaii's Department of Human Services, Child Care Licensing Branch. Wait too long, and you may lose a chance to lock in inspection findings, prior complaints, or witness names.
A parent or legal guardian usually files and handles the claim for the child. The child does not negotiate directly. And if the case settles, Hawaii courts may require court approval before the money is finalized because it belongs to the minor, not the parent.
Immigration status does not erase your child's right to make an injury claim. A daycare insurer in Hawaii is focused on liability and payout, not deportation.
Act now:
- get the incident report in writing
- demand photo/video preservation
- report the injury to DHS licensing
- gather medical records and witness names
- do not sign a release for the child without understanding whether court approval will be required
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
Talk to a lawyer for free →