Dealing with Uninsured or Underinsured Motorists in Idaho

Dealing with uninsured or underinsured motorists in Idaho can be challenging. If an uninsured or underinsured driver is liable for your accident, you may need to take legal action to get the damages they owe. You may also need to pursue an uninsured/underinsured motorist (UM/UIM) claim with your own insurance provider.

An Idaho car accident attorney with our law firm can review your case and discuss your options for pursuing compensation. We can help you with a claim against a liable party and negotiate for a full and fair UM/UIM settlement with your insurance company.

How to Deal With Uninsured or Underinsured Motorists In Idaho

Idaho is an at-fault state, meaning motorists must carry auto liability insurance to pay for injuries and damages to another person or their property if they are responsible for a car accident. Unfortunately, not all drivers obey the law, and some operate their vehicles without insurance.

If you were in a car accident caused by the negligent actions of an uninsured/underinsured driver, you can pursue a claim for compensation, but getting what they owe can be a complex process. In general, you have two options for how to deal with uninsured or underinsured motorists in Idaho:

A Claim Against Your UM/UIM Insurance Policy

According to the Idaho Department of Insurance, you must carry bodily injury liability (BIL) and property damage liability (PDL) auto insurance coverage, and your insurance provider must offer UM/UIM coverage. However, you can reject it in writing.

There are two types of uninsured/underinsured motorist coverages that insurance companies can offer:

• Excess: If your insurer provides “excess coverage,” your policy will combine with the at-fault party’s BIL to pay above or beyond what the liable driver’s insurance will pay. So, if a motorist carries $25,000 in BIL (the minimum required by law) and you have $25,000 in UM/UIM, you would have $50,000 in BIL available to you. If your UM/UIM policy limits are higher, say $100,000, you would have $125,000 available.
• Difference in limits or offset: If your insurer offers a “difference in limits” or “offset” policy, it will provide UM/UIM coverage reduced (or eliminated) by the amount paid by the liable driver’s insurance company. So, if you have $100,000 in UM/UIM and the at-fault party has $25,000 in BIL, your insurance will provide an additional $75,000 for your medical coverage. However, if your UM/UIM is equal to the other driver’s BIL, say $25,000 and $25,000, your insurance will not provide any additional coverage.

Legal Action Against an Uninsured Driver

To get compensation from an at-fault uninsured driver, you will need to file a claim in small claims court (for damages under $5,000) or in District Court in the county where they live. If the court renders a judgment in your favor, the liable driver has 30 days to pay you or appeal.

According to the Idaho Transportation Department, if the liable driver fails to pay you or appeal the decision within the allotted time limit, the department can suspend their driving privileges until they compensate you.

Recoverable Car Accident Compensation

Compensation in an uninsured or underinsured motorist claim in Idaho may include the following damages:

• Current and future medical expenses
• Lost wages and employment benefits
• Lost earning capacity
• Vehicle repair or replacement costs
• Household services
• Physical, emotional, and mental pain and suffering
• Lost quality of life

If an uninsured or underinsured driver fatally injured your loved one, an Idaho wrongful death lawyer with our firm can pursue compensation on behalf of their estate and qualifying survivors.

How Long Do You Have to Seek Damages?

You should file claims with the at-fault driver’s insurance company and claims against your UM/UIM policy immediately.

If you must take legal action, Idaho Statutes § 5-219 allows two years to file a personal injury or wrongful death lawsuit. The court will likely throw out your case if you do not meet this deadline. If you cannot sue, you have no leverage over the insurance companies or the uninsured driver, so adhering to the statute of limitations is vital.

How to Prove an Uninsured/Underinsured Motorist Is Liable for a Crash

To obtain compensation, you must prove that an uninsured or underinsured motorist acted negligently, causing your crash and resulting injuries and damages. Examples of negligent driving include:

• Failing to maintain lane position
• Failing to yield
• Illegally passing
• Making an improper turn
• Running a stop sign or red light
• Speeding
• Tailgating
• Drinking and driving
• Distracted driving
• Reckless or aggressive driving

Do You Need an Idaho Uninsured or Underinsured Motorist Accident Attorney?

No law requires you to hire an attorney, but you may need the help of an Idaho personal injury lawyer to get fair compensation, especially if the insurance companies play hardball or you must sue a liable driver.

A lawyer with our firm can:

• Prove liability: We can investigate the collision and gather evidence proving a liable driver owes you compensation. Proof in a car accident case may include police reports, crash debris, photographs and video of the accident and scene, and expert and eyewitness testimony.
• Establish that the liable driver is uninsured or underinsured: We can obtain the liable driver’s insurance documents and proof of your expenses to show that their insurance is insufficient to cover your losses. If the driver has no insurance, we can use the accident report to show they were uninsured at the time of the crash.
• Review your UM/UIM policy: We can review your UM/UIM policy and explain your coverage options.
• File claims with the insurance companies: We can draft and file claims with your insurance provider and the at-fault driver’s insurer if they have some coverage.
• Negotiate for maximum compensation: We will aggressively negotiate for the maximum compensation possible via your UM/UIM and the liable driver’s auto insurance policy.
• Represent you in court: If we must take legal action against a driver or insurance company, we will not back down. We can take your case all the way to trial if necessary.

Contact Sargent Law Firm Injury Lawyers for Help Dealing With Uninsured or Underinsured Motorists in Idaho

Sargent Law Firm Injury Lawyers handles every personal injury case with the individualized attention it deserves. Our car accident lawyers can help you deal with uninsured or underinsured motorists in Idaho. We have recovered over $40 million for our clients. Contact us online or call today to learn more during a free consultation.