Idaho Car Accident Guide: Get Fair Compensation for Injuries

What to do after an Idaho car accident to protect your rights and build a strong injury claim.

On average, more than 75 motor vehicle accidents occur each day on Idaho roadways.¹

Idaho is a traditional fault state, which means you can file a claim against the at-fault driver without first relying on your own auto insurance. If claim negotiations fail, or there is more than one liable party, you have the right to file a lawsuit.

Here’s what you need to know about Idaho laws to build a solid claim.

What to Do After an Idaho Car Accident

Drivers who violate Idaho car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to comply with the law.

1. Stay At the Scene and Exchange Information

Idaho drivers are required to stop and remain at the scene of an accident involving injury or death. Leaving an accident scene involving injury is a felony offense, even if the accident occurred on private property.

Drivers must provide their name,  phone number, address, proof of registration, proof of liability insurance, and show their driver’s license,

What if I hit a parked car in Idaho?

If you hit an unattended car in Idaho, you must try to find and notify the vehicle’s owner. If you can’t locate the owner, you must leave a note in a conspicuous place on the damaged vehicle with your name, address, and an explanation of what happened.

2. Call 911 and Help the Injured

In Idaho, drivers are required to report an accident quickly to the local police department, the county sheriff, or the state police. Drivers also must render reasonable assistance to the injured, including arranging transport to the nearest medical facility if the person asks or they’re obviously injured.

Calling 911 can satisfy your legal obligation to report the crash and render aid.

Can I be held liable for giving aid to an injured person in Idaho?

No. Idaho has a “Good Samaritan” law that protects anyone from liability who provides reasonable medical assistance during an emergency without expectation of payment.

3. Seek Prompt Medical Treatment

Never refuse or delay medical attention at the scene of an accident. You could be seriously injured and not even realize it. Your symptoms might be masked by shock or an adrenaline surge after impact. Some injuries, like concussions or internal bleeding, may develop symptoms slowly.

Delaying medical care is not only dangerous for your health, it also gives the insurance adjuster a handy excuse to deny or minimize your claim. The adjuster will argue that your injuries aren’t related to the accident or that you failed to mitigate your damages.

Let paramedics examine you at the scene. If they want to transport you to the hospital, then go. If you aren’t transported to the hospital by ambulance, go to an urgent care medical center on your own, preferably on the same day as the crash.

Tell the medical provider who examines you about every injury and symptom, not just the most noticeable one. You’re entitled to payment for all your injuries, including minor injuries.

Can I make an insurance claim for a minor injury in Idaho?

Yes. You are entitled to a full medical examination after an accident, including an MRI or CT scan needed to rule out more serious injuries. You’ll need copies of your medical records to support your claim.

4. Gather Evidence From the Scene

Because Idaho is a traditional fault state, the insurance company won’t accept your claim without proof that their insured caused the accident. You need evidence to show the other driver did something wrong or failed to do what any reasonable person would do to prevent the accident.

The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:

How can I get a copy of a police report in Idaho?

You can order a copy of the police collision report online from the Idaho Department of Transportation for a small fee.

How long do traffic violations stay on my record in Idaho?

Points from traffic violations stay on your Idaho driving record for at least three years.

5. Notify Both Insurance Companies

If you are handling your own insurance claim you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident.

You don’t have to wait until you’re fully healed before notifying the at-fault driver’s insurer of your intent to file an injury claim.

You can expect to get an acknowledgment letter from the other driver’s insurer with a claim number and the adjuster’s contact information. Don’t be surprised to get a call from an adjuster offering a quick settlement. It’s rarely a good idea to settle an accident claim while still treating your injuries.

Enticing you with fast cash is an adjuster tactic to see if you’re desperate enough to take the money and run. The adjuster’s goal is to get rid of your claim quickly, for as little money as possible.

Politely tell the adjuster you’ll get back to them when you’re ready to discuss settlement.

Why Notify Your Own Insurance Company?

Your auto policy is a legally binding contract that includes a “notification and cooperation” clause. This important clause means you’re obligated to notify your insurance company of an accident right away, no matter who’s at fault. In return, your insurance company has an obligation to defend you against lawsuits filed in connection with the accident.

You could forfeit valuable protections if you neglect to notify your insurance company or don’t cooperate with their accident investigation.

If you decide to hire an attorney, you won’t have to deal directly with either insurance company. Your attorney will manage all insurance communications. Severe or complicated cases should always be handled by an experienced personal injury attorney.

How long do I have to make an insurance claim in Idaho?

Idaho has a two-year statute of limitations for personal injury claims. Adults must settle their insurance claim or file a personal injury lawsuit within two years of the accident date.

Idaho Fault and Liability Rules

Idaho is a traditional fault or “tort” state. You can demand compensation from the at-fault driver and any other parties that may be liable for your injuries. Other liable parties can include the vehicle’s owner (if not the driver), and the driver’s employer if they were on the job when the accident occurred.

However, in a tort state, you bear the burden of proving fault.

What makes an Idaho driver at fault for a rear-end collision?

Fault for a rear-end collision usually falls on the driver who was following too closely to safely stop.

Idaho traffic law requires drivers to allow a reasonable distance between vehicles, depending on the traffic speed and roadway conditions.

Which driver is at fault for a side-impact collision in Idaho?

Side-impact collisions are most often caused by drivers who fail to yield the right of way when entering an intersection or when turning left.

What's the primary cause of head-on collisions in Idaho?

Driving left-of-center is almost always the cause of head-on collisions. Idaho requires drivers to stay on the right side of the roadway, except when passing on the left when the lane is clearly visible and free from approaching traffic.

Idaho Shared Fault Rules

Idaho is a modified comparative fault state, also called the 50 percent rule. This rule means you can seek compensation from the other party so long as you are not equally or more to blame than they are. Your payout will be reduced by your percentage of shared fault.

Example of Modified Comparative Fault in Idaho

Crystal was driving her gray Forte along West 100th Street approaching South 2nd Street in Preston. It was snowing and nearing sunset but Carol didn’t think to turn on her headlights. She didn’t even slow down as she approached the intersection.

Randall was also traveling on West 100th Street from the opposite direction. He stopped at the intersection, then proceeded to make a left turn onto South 2nd Street. He didn’t see Crystal’s vehicle until it was too late. The vehicles collided, injuring both drivers.

Randall was cited for turning left into oncoming traffic. The police report also contained statements from witnesses who said Crystal was speeding and very difficult to see in the snow with no headlights.

Crystal made a $50,000 demand to Randall’s insurance company. She only received a nuisance counteroffer, so she filed a lawsuit against Randall.

At trial, the jury looked at the police report and heard witnesses testify that Crystal was speeding, and that her gray car was hard to see in the snowy twilight because her headlights weren’t on. The jury found Crystal and Randall to be equally to blame for the collision.

Because of Idaho’s 50 percent rule, Crystal was barred from compensation. She left the court empty-handed.

Idaho Car Accident Compensation

The average settlement for a moderate car accident claim in Idaho is $31,451, with average payouts ranging from $5,407 for minor injuries to $253,141 for severe injuries.

Injury settlements in Idaho can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.

For example, look at these two rear-end accident cases with low and high payouts:

  1. In Bannock County, Jung v. Roberts, CVPI9800441, the plaintiff was awarded $1,200 for soft-tissue injuries. The defendant disputed the scope of her injuries.
  2. In Ada County, Collins v. Reed, CV03-00316, the jury awarded $333,627 for back injuries and an anxiety disorder. The distracted defendant was going 50mph at impact.

Use our free Idaho Personal Injury Calculator to estimate the value of your claim.

Factors that impact Idaho car accident compensation:

  • Injury severity
  • Shared fault
  • Available insurance coverage
  • Number of vehicles involved
  • Number of injured victims

Commercial vehicles, like tractor-trailers, delivery trucks, and municipal vehicles carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles or traveling at high speeds often result in more severe injuries and higher payouts.

Idaho State Minimum Insurance Requirements

Idaho is a mandatory insurance state. Vehicle owners must carry insurance liability limits of at least $25,000 per person/$50,000 per accident for bodily injury, and $15,000 for property damage.

Companies selling auto insurance in Idaho are obligated to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage, but policyholders can reject UM and UIM coverage in writing.

Can I sue for pain and suffering in Idaho?

Yes. Idaho is a traditional fault or “tort” state, so you can sue the at-fault parties for all your compensatory damages, including pain and suffering.

How to Calculate a Minor Injury Settlement

You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, like medical bills, out-of-pocket expenses, and lost income, then adding one to three times that total to account for your non-economic damages, more commonly called pain and suffering.

The amount the insurance company will pay for pain and suffering depends on how much your injuries interfered with your life after the accident. A multiple of one is reasonable for a few days on the couch with ice on your knee. A multiple of two or three is justified for a slipped disc that limited your activities for several months.

Serious injury claims, and any claims made on behalf of children, should be handled by an experienced car accident lawyer for the best outcome, including compensation for past and future medical expenses, lost earning capacity, and the extensive pain and distress from permanent injuries.

Visitor Questions: Idaho Car Accidents