Car crashes, accidents, and collisions frequently happen on Idaho roads. Minor blips are nothing to worry about, but victims need to take action when an accident causes unparalleled damage and massive injuries. Idaho is a fault state. If you were injured in a car crash resulting from someone’s negligence, you should seek compensation for your injuries. You would be filing a claim with the at-fault driver’s insurance company in such circumstances. Preserving your rights and interests is critical in such circumstances, which is precisely why you need an Idaho car accident attorney. Below are some key aspects of the state laws.
Reporting the accident
As someone involved in a car crash, you must report the accident immediately regardless of fault. Idaho Statutes section 49-1305 makes it mandatory to report an accident if there was death, injury, or property damage worth $1,500 or more involved. Even if you were partly responsible for the crash, do not run away from the scene and call the police (or local county sheriff’s office) immediately.
Idaho’s statute of limitations
Like other states, Idaho has a statute of limitations that sets the deadline for car accident lawsuits. If you want to file a civil lawsuit against the at-fault driver, you have to take action within two years of the accident. The same deadline applies to wrongful death lawsuits, except that the count starts from the date of the person’s death, not the accident date. If you are suing for property or vehicle damage, you have three years as the statute of limitations. In case you miss the deadline, the court will refuse your claim.
Comparative Negligence in Idaho
Idaho follows the modified comparative negligence rule, which is followed in many other states. In states like California, you can ask for compensation from the other party even when you are more at fault than them. That’s not how it works in Idaho. As per the modified comparative negligence rule, you cannot recover any settlement if you are 50% or more at fault or your fault share is higher than the other driver.
Get a lawyer onboard
If you had a minor share in fault, or your injuries are likely to impact your life ahead, you should consult an attorney. Dealing with car accident claims requires experience and expertise, and unless you know what it takes to work with the insurance representative, it is best to leave the job to an attorney.
