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,
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.
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.
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:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
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.
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.
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:
- 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.
- 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.
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
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