Idaho Car Accident Compensation Laws

Car accidents are, unfortunately, a very common occurrence. Most car accidents do not involve personal injury, meaning that no one was hurt during the accident -- instead, these types of accidents usually result in property damage only. Victims of car accidents may be compensated for property damage and for their personal injury, if applicable. Each state has different car accident compensation laws.

This article provides a brief overview of car accident compensation laws in the state of Idaho.

Idaho Car Accident Compensation Laws: At a Glance

Below, you'll find a chart laying out Idaho's car accident compensation laws, as well as in-depth explanations of the key parts of the laws.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

"At Fault" and "Modified Comparative Fault" Rules in Idaho

Idaho is one of many U.S. states to employ "at fault" (also known as "tort liability") rules for car accident claims. As common sense might dictate, drivers involved in car accidents who seek compensation must prove that the other party was at fault for the accident.

Entirely at fault? Not exactly. Idaho is a "modified comparative negligence" (often referred to as "modified comparative fault") jurisdiction. To recover compensation for car accident injuries or property damage, the party seeking compensation must not be more at fault than the other party. The fault is measured in terms of percentages calculated by a judge or jury (if the claim doesn't settle first): a fault of 50% or more prevents that party from recovering. This law operates to reduce damage awards as well -- a person 33% at fault would only recover 67% of their damages, for example.

Types of Damages in Idaho

Damages are often referred to as economic and non-economic damages. Economic damages include repair or replacement of the damaged cars, past and future medical expenses, lost income, and calculable other out-of-pocket expenses. Non-economic damages cover things like pain, emotional distress, and disability or disfigurement.

Damages that often result from car accidents include:

• Pain and suffering
• Medical expenses
• Vehicle repair or replacement
• Rental cars
• Lost wages
• Loss of affection or companionship
• Wrongful death

Limits on Damages in Idaho

The primary consideration in any legal claim is the time limit (called the statute of limitations) for filing your case. Idaho has two different time limits: an injured party has two years from the date of the car accident to file a lawsuit for personal injury and three years to file for property damage. A filed, pending, or denied insurance claim doesn't stop the clock, so it is important to consult with an attorney early to evaluate the strength of your claim immediately.

The other major consideration is Idaho's cap on damages. While economic damages such as lost wages are not capped, there is a cap on non-economic damages, such as pain and suffering. The cap was initially set at $250,000 and is adjusted each July 1 in accordance with the percentage amount of increase or decrease by which the Idaho industrial commission adjusts the average annual wage.

Connect With an Idaho Car Accident Lawyer

Time limits for filing claims and comparative negligence rules can be significant obstacles, and sometimes outright blocks, to car accident claims. The damage cap on non-economic damages can be even more devastating.

Connect with an experienced car accident attorney to explore the strengths of your case and how much compensation may be available.