§268-13 Claim for damages; filing and contents; time limitations. As a condition to a recovery thereon, a verified claim against the department of transportation growing out of damages, loss, injuries, or death must first be presented to the department and filed with its director within thirty days after the time when the claim accrued. If the claimant shall be incapacitated from verifying and filing the claimant's claim within the thirty days, then the claim may be verified and presented on behalf of the claimant by the claimant's relative, attorney, or agent. If the claimant is a minor or incompetent person, the claim may be verified and filed by the claimant's guardian or next friend. Each claim must accurately locate and describe the event or defect that caused the damage, loss, injury, or death, reasonably describe the damage, loss, or injury, and state the time when the same occurred, give the claimant's residence for six months last past, and contain the items of damages claimed. No action shall be maintained against the department upon the claim until the same has been presented to, and filed with, the department and sixty days have elapsed after the presentation and laimed. No action shall be maintained against the department upon the claim until the same has been presented to, and filed with, the department and sixty days have elapsed after the presentation and filing, nor more than two years after the claim accrued. [L 1963, c 186, §12; Supp, §114-12; HRS §268-13; gen ch 1985]
Hawaii Legal Code