The basic details about Idaho car accident laws
In the aftermath of a car accident, it is common for people to feel overwhelmed by the circumstances. If you have sustained serious injuries in such an accident in Boise or anywhere in Idaho, you need to focus on your recovery first. Call 911 from the accident site immediately. Once things settle, consider talking to an Idaho car accident attorney about filing a third-party claim with the at-fault party’s insurer. This is a fault state. The party responsible for your damages and injuries will pay compensation for your losses through their insurance company. Below are some other relevant aspects worth knowing.
Do you need to report the car accident?
Idaho state laws make it mandatory for drivers to report a car crash immediately to the local police if death or injury were involved. If the accident caused damage to vehicles/properties worth $1,5000 or more, you must file a report. Outside of city limits, you need to report the accident to the county sheriff’s office without delay.
Comparative negligence laws
What happens when two drivers are at fault for the same crash? In the real world, accidents are rarely simple. If you were also at fault for the crash to an extent, you could still ask for compensation, provided your share of fault is not more than 50% or higher than the other party. This is called the “modified comparative negligence” rule, which is followed by many states, including Idaho. Also, this rule will be used by the insurance company (or the court) to reduce your settlement in proportion to your share in the fault.
The statute of limitations in Idaho
Idaho’s statute of limitations allows two years from the accident date to file an injury lawsuit against the other driver at fault. If you lost a loved one in the crash, you have the same deadline to file a wrongful death lawsuit. For those who want to just sue for property damage, the statute of limitations allows three years. Note that the count for wrongful death lawsuits starts from the date of death, not the accident date.
Meeting an attorney
Winning a fair settlement for your car accident claim can be hard, especially because insurance companies have their ways of reducing what they pay for claims. Make sure that you hire an attorney to review the worth of your claim. Also, there is a statute of limitations to adhere to, and therefore, you don’t have the time or scope to make a mistake.