After an accident in Idaho, it’s common to feel overwhelmed by legal questions and concerns about recovery. Whether you’ve been injured in a rural collision or a crash on I-84, understanding your rights and options can help you take the right steps forward. This page addresses frequently asked questions from injury victims and their families across the state. Use this resource to get clear, practical answers based on Idaho laws.
How long do I have to file a personal injury lawsuit in Idaho?
In Idaho, you generally have two years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, the court may dismiss your case entirely. Some exceptions may apply in rare cases, such as injuries involving minors or delayed discovery. It’s best to contact an attorney as soon as possible to make sure you don’t run out of time.
What should I do right after an accident in Idaho?
After ensuring everyone is safe, call 911 to report the accident and get medical help. Exchange information with others involved and take photos of the scene, vehicle damage, and any injuries. Once police have responded, make sure you follow up to get a copy of the report. Then notify your insurance company and consider speaking to a personal injury attorney before accepting any settlement.
Is it required to report car accidents in Idaho?
Yes. Idaho law requires you to report any crash that results in injury, death, or more than $1,500 in property damage. A law enforcement officer typically files the report if they respond to the scene. If no officer is present, you must file a written report with the Idaho Transportation Department within 72 hours.
Can I still recover compensation if I was partially at fault?
Yes. Idaho uses a modified comparative negligence rule. As long as you were less than 50 percent at fault, you can still recover damages. However, your compensation will be reduced by your percentage of fault. If you’re 50 percent or more at fault, you cannot recover any money.
What damages can I recover in an Idaho personal injury case?
You may be entitled to compensation for medical expenses, lost income, property damage, and pain and suffering. If your injuries are long-lasting, you could also seek damages for future treatment and reduced earning capacity. In some cases, punitive damages may be awarded to punish extreme misconduct. Every case is different, so your attorney can provide a specific estimate.
How do I get a copy of a crash report in Idaho?
Crash reports can be requested from the Idaho Transportation Department if the incident was investigated by the police. You’ll need details like the date of the crash, location, and parties involved. Request forms and instructions are available at https://itd.idaho.gov. Reports typically become available within 7 to 10 days after the accident.
What are my rights if a loved one dies in a crash?
If someone dies in an accident caused by negligence, certain family members may file a wrongful death claim. In Idaho, this includes spouses, children, and sometimes parents or other dependents. Compensation may include funeral expenses, lost income, and loss of companionship. These claims must usually be filed within two years of the person’s death.
What happens if the at-fault driver doesn’t have insurance?
If the other driver has no insurance, you may be able to use your own uninsured motorist (UM) coverage to pay for your injuries. Idaho does not require UM coverage, but many policies include it. If you don’t have UM coverage, your only option may be to sue the at-fault driver directly. Unfortunately, this can be difficult if the driver has limited financial resources.
Are there financial assistance programs for accident victims in Idaho?
Yes. Idaho residents may qualify for Medicaid, food assistance, or other social service programs depending on income. If the accident involved a crime, such as a DUI crash, the Idaho Crime Victims Compensation Program may also offer help. These programs can assist with medical bills, counseling, and basic needs while you recover.
Should I take the first settlement from the insurance company?
It’s not usually wise to accept the first offer without reviewing it closely. Insurance companies often try to settle quickly and for less than your claim is worth. Once you accept, you may waive your right to pursue more money later. A personal injury lawyer can review the offer and advise you on whether it’s fair.
Can I file a lawsuit against a government agency in Idaho?
Yes, but government claims have stricter rules. In Idaho, you must file a notice of claim within 180 days of the incident if your injury was caused by a state or local agency. Failure to file this notice on time can prevent you from suing. These cases are complex and require help from an experienced attorney.
What should I do if I’m injured at work?
If your injury occurred on the job, you may be entitled to workers’ compensation. This covers medical care and partial wage replacement. You must notify your employer promptly and file a claim through the Idaho Industrial Commission. If a third party (like a contractor or equipment manufacturer) caused your injury, you may also have a personal injury claim.
How long does it take to settle a personal injury case in Idaho?
It depends on the complexity of your case. Simple cases may settle within a few months, while more serious or contested claims can take over a year. The timeline depends on how long it takes to recover from your injuries and whether the case goes to court. Your attorney can help manage delays and keep the process moving.
Do I need a lawyer to file a personal injury claim?
You are not required to hire a lawyer, but doing so often leads to better outcomes. A lawyer can collect evidence, negotiate with insurers, and make sure all paperwork is filed properly. Most personal injury attorneys in Idaho work on a contingency fee basis, meaning you don’t pay unless they recover money for you.