Compensation For Car Accident Injury Victims In Idaho

No. Like most states, Idaho has an at-fault car insurance system. Under this system, the at-fault party is legally responsible for paying injury victims all of their accident-related expenses. In most cases, this means the at-fault driver’s insurance company must bear this responsibility and financially compensate injury victims for financial losses caused by the accident.

This might sound straightforward. But actually getting the money you’re legally entitled to receive from the at-fault driver’s insurance company can often be extremely difficult. This is why it’s important to consult with an experienced Idaho car accident attorney as soon as possible after your collision.

Is car insurance mandatory for drivers in Idaho?

Yes. All drivers licensed in Idaho must have car insurance in order to legally operate a motor vehicle in the state. The mandatory minimum car insurance requirements for Idaho include:

• $15,000 per accident for property damage caused by the driver of the insured vehicle.
• $25,000 per person for injury-related expenses (often medical bills) for one person injured or who dies in a collision caused by the insured driver.
• $50,000 per accident for injury-related expenses for two or more people injured or who die in a crash caused by the insured driver.

What types of optional car insurance are available in Idaho?

Along with Idaho’s mandatory minimum car insurance requirements, drivers can choose to obtain additional car insurance, including:

• Medical Payments (MedPay) – This type of insurance pays for your medical bills after an accident, up to the policy limit, regardless of fault.
• Collision Coverage – This type of insurance coverage pays for the damage to your vehicle in case of an accident, regardless of who is at fault. It can cover damage from a collision with another vehicle, or damage to your car caused by hitting a stationary object like a tree or a guardrail.
• Comprehensive Coverage – This insurance coverage pays for vehicle damage caused by non-collision incidents, such as theft, vandalism, fire, natural disasters, and hitting an animal.
• Uninsured/Underinsured Motorist (UM/UIM) Coverage – This type of insurance provides protection in the event of an accident with a driver who doesn't have insurance or doesn't have enough insurance to pay for your accident-related expenses. You’re not required to have this insurance in Idaho, but the insurance company is required to offer it to you, and if you don’t want it, you must opt out in writing.
• Rental Reimbursement Coverage – If your car is damaged in an accident and is being repaired, this insurance covers the cost of a rental car.
• Roadside Assistance Coverage – If your vehicle breaks down while you are on the road, this type of insurance provides help with services like towing, tire changes, jump-starts, and fuel delivery.

The short answer is your accident claim should add up to the total financial impact of your accident. The reality is there’s often a great deal of debate about how much money you should receive for your collision.

Part of the problem has to do with which expenses are taken into account when determining your accident claim. Insurance companies often only take into account short-term expenses immediately after an accident. However, you should be compensated for all your accident expenses, whether they occur a few days or a few years after your accident.

Add all these expenses up and your Idaho car accident claim can easily be worth thousands of dollars or significantly more. The best way to know for sure is to talk to an experienced attorney who handles car accident claims in Idaho.

What expenses can I be compensated for after my car accident?

As explained above, you should be compensated for all accident-related expenses after your Idaho car accident. What you might not realize is just how many expenses this might include:

• Total cost of your medical care, including future medical treatments to address long-term medical issues caused by your car accident.
• Ongoing medical care for long-term health issues due to accident.
• Replacement income if you need time off from work to rest and recover due to your injury.
• Lost future income if have a permanent disability due to your accident which prevents you from being able to return to work or work in a reduced capacity.
• Vehicle repair or replacement and any other damaged personal property.

Who decides how much my car accident is worth in Idaho?

Many different parties often have a lot to say about how much money you and other car accident injury victims should receive for your Idaho car accident. What might surprise you is the at-fault driver’s insurance company (the business responsible for paying for your accident) often has the biggest influence on how much money you receive.

Fortunately, they’re not the only ones involved in such important discussions. You can be part of them as well. And the best way to do this is by having your lawyer involved in settlement negotiations with insurance companies and anyone else participating in them.

How is car accident compensation calculated in Idaho?

Insurance companies often talk about different formulas they use to determine how much money to award car accident injury victims in Idaho and other states. But upon closer inspection, many of these formulas and calculations only take into account short-term expenses immediately after a collision. They don’t factor in long-term expenses years after an accident, such as future medical care for serious, chronic medical conditions.

So how do you know if an insurance company correctly calculated your car accident settlement? The best way to know for sure is to talk to an experienced attorney who handles car accident claims in Idaho. They’re familiar with how the compensation system works in Idaho and can perform their own calculations to determine how much money they think you should receive based on evidence and facts.

In Idaho, car accidents are typically resolved based on the concept of comparative negligence. This means that each driver is assigned a percentage of fault based on their level of responsibility for the accident. For example, if you were speeding at the time of the accident, you may be assigned 20 percent of the fault, while the other driver who ran a red light may be assigned 80 percent of the fault.

Your compensation will be reduced by your percentage of fault. For example, if your total damages are $100,000, but you were assigned 20 percent of the fault, your compensation would be reduced by $20,000, and you would receive $80,000. In Idaho, if you are at least 50% responsible, you cannot recover compensation at all.

Should I accept a car accident settlement offer?

After an accident, it’s common for the at-fault driver’s insurance company to make a settlement offer. If you receive such an offer soon after your Idaho car crash, it’s important to understand the legal consequences.

First, injury victims should understand that a settlement offer is a one-time payment to settle their case once and for all. As a result, if you decide to accept a settlement offer, your case is settled and you cannot ask for any additional money in the future, even if your future accident expenses go up more than you expected.

So before agreeing to accept a settlement offer, ask for your offer in writing so you can carefully review it. Then, review it with an Idaho car accident lawyer in a free consultation.

Can I ask for more money for my car crash claim?

Yes. What you might not realize is you don’t have to accept the first settlement offer you receive for your car crash. You can ask for more money and negotiate a better settlement offer in many cases.

However, negotiating with insurance companies can be very complicated. Insurance companies have years of experience negotiating with injury victims and know how to handle such complex transactions.

The best way to level the playing field and request more money for your Idaho car accident is by hiring a lawyer to handle your case. Your attorney can investigate your accident, gather evidence in support of your accident claim and negotiate the best possible settlement offer on your behalf.

Yes. And sometimes, the best way to get the money you deserve for your injury-related expenses is to file a car accident lawsuit seeking damages, the legal term for financial compensation.

However, it’s important to understand that you only have a limited amount of time to take legal action in Idaho. In the case of injury claim lawsuits, individuals only have two years from the date of a car accident to take legal action, according to Idaho Code §5-219. (A three-year deadline applies to property damage lawsuits in Idaho.)

Two years might seem like a long time. But the longer you wait to file a car accident lawsuit, the harder it becomes to find the evidence you need to build a successful legal case. That’s why it’s important to act fast and talk to an attorney right away to learn more about your legal rights.

Can I sue for pain and suffering for a car accident in Idaho

Yes. If you decide to take legal action in response to your car accident, you can sue for non-economic damages, including pain and suffering. (Non-economic damages simply means money for something that has impacted your life that doesn’t have a specific financial value associated with it, unlike economic damages like property damage and medical bills.)

However, in most cases, Idaho caps non-economic damages in injury cases at $250,000 per claim. The best way to know for sure if you can sue for pain and suffering and how much money your legal case could be worth is to talk to an attorney.

What options are available if the other driver doesn’t have car insurance?

If you are hit by another driver in Idaho who does not have car insurance, there may be several legal options available to you, including:

• File a claim with your own insurance company – If you have uninsured motorist (UM) insurance, you can file a claim with your own insurance company. Your insurance company should then pay for accident-related expenses as though they insured the at-fault driver. You can also claim any no-fault benefits on your policy such as collision coverage or MedPay, if you have them.
• File a lawsuit against the uninsured driver – You can file a lawsuit against the uninsured driver to recover the damages and expenses incurred in the accident. However, if the driver does not have car insurance, they may not have the financial resources to pay for your accident-related expenses. As such, while this is an option in theory, it’s often not practical.
• Seek compensation from other sources – Depending on the circumstances of your collision, you may be able to seek compensation from other sources, such as the driver's employer, if the accident occurred during work hours or as part of work-related duties.

Remember, Idaho is an at-fault car insurance state. That means the driver who caused your accident is responsible for paying for accident-related expenses. And if you have uninsured motorist coverage, your own insurance company should pay for your accident if you can’t get money from the other driver. But as explained above, even your own insurance company can sometimes be difficult to deal with, especially if there’s a lot of money at stake.

So what should you do? When in doubt, talk to an Idaho car accident attorney as soon as possible after your collision. Experienced lawyers can review your case and explain your options.

So many different legal issues often come up after a serious car accident. It’s also important to remember that the clock is running after your collision. The longer you wait, the harder it often becomes to find the evidence you need to build a successful legal case.

Experienced Idaho car accident attorneys understand the urgency of your legal matter. When you contact them, you can expect them to get back to your right away and talk to you free of charge. That’s because most accident lawyers offer a free case evaluation, where you can ask them questions and learn more about your legal rights. Don’t take chances. Talk to an Idaho car accident attorney today.