Idaho Car Accident Compensation Laws

Idaho car accident compensation laws are based on a “fault” system, meaning the at-fault driver is responsible for the damages. Under modified comparative fault in Idaho, victims may recover damages if they are less than 50% at fault.

Idaho motor vehicle insurance laws require drivers to carry liability insurance in case of an accident. The insurance coverage pays for the other driver’s injuries and property damage if the insured driver causes an accident. In Idaho, the at-fault driver’s insurance pays for personal injury claims up to the statutory amount.

Recovery in an Idaho personal injury case depends on the driver’s percentage of fault and the nature of the accident.

Understanding Idaho Car Accident Compensation Laws

Idaho law requires all drivers to carry minimum liability car insurance. Liability insurance covers you when you are the at-fault party in an accident. Idaho currently requires drivers to carry:

• $25,000 bodily injury per person
• $50,000 bodily injury total per accident
• $15,000 property damage

Liability coverage does not pay for your injuries in an accident. Idaho law requires insurance companies to offer drivers optional uninsured/underinsured motorist coverage (UI/UIM). Drivers can opt out of this coverage if they wish.

“At-Fault” Liability

Idaho is an “at-fault” state for accident liability. In an at-fault state, the driver who is responsible for the accident pays for the other driver’s medical bills and vehicle damage. After an accident, drivers submit their claims to the other drivers insurance company. Once the insurer determines fault, the driver most at fault pays for the damages.

Adjusters may interview witnesses and gather evidence to support their client’s claim. Companies may request additional information from accident victims before settling a claim.

Modified Comparative Fault

Idaho follows a modified comparative fault rule in car accident cases. Under this system, a victim partially responsible for the accident can still recover damages in their case, up to a certain percentage of fault. If the victim is 50% or more at fault, they cannot recover. If they are less than 50% at fault, their recovery is reduced by their percentage of fault.

Modified comparative negligence can limit or bar recovery. Drivers should know their insurance policy limits and contact an attorney immediately after any serious accident to maximize their chances of recovering damages.

Damages

After a vehicle accident, the insurance companies determine fault and make settlement offers. If the settlement is unfair, or if the other driver’s insurance will not cover all the damages, claimants can sue for economic and non-economic damages.

Economic damages are things that courts can calculate from bills and invoices. They include:

• Costs of medical treatment
• Doctor’s bills
• Lost wages and income
• Cost of future treatment or loss of income

Non-economic damages are less tangible injuries resulting from the collision. They can include:

• Pain and suffering
• Emotional trauma
• Loss of enjoyment of life
• Loss of consortium

Personal injury claims do not include property damage. Property damage lawsuits are separate from injury suits. If you need a rental car while yours is being repaired, those costs are not part of the personal injury claim.

Idaho limits, or “caps” the award for non-economic damages . The cap is adjusted for inflation annually. As of July 2024, the cap was $490,512.33.

Statute of Limitations

A statute of limitations is the time a claimant has to file a lawsuit after the accident or injury. Idaho has two separate statutes for lawsuits stemming from motor vehicle accidents:

• Two years for personal injury lawsuits (Idaho Code § 5-219)
• Three years for property damage lawsuits (Idaho Code § 5-218)

The statute begins (or “runs”) from the date of the accident or injury. Even if you have an insurance claim pending or on appeal after a denial, the statute continues to run. In some instances, you may need to file a notice of intent after the accident. Accident victims should consider contacting an attorney after a car crash, whether or they intend to sue.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify Idaho law(s) before making any legal decisions.

Get Legal Advice From an Idaho Car Accident Lawyer

The time limits on personal injury claims and auto insurance requirements can limit your recovery after an accident. If you’ve had a serious accident and need to know your legal rights, contact an experienced Idaho car accident attorney. They can review your case, explain your options, and represent you in negotiations and court proceedings.