Idaho Car Accident Compensation and Injury Limits

If a negligent driver hurt you or your loved one in a collision in Idaho, you can seek car accident compensation. However, personal injury claim limits can affect your recoverable damages. An Idaho car accident attorney with our law firm can help you pursue the maximum settlement possible.

Recoverable Idaho Car Accident Compensation

Idaho is an at-fault state, meaning drivers must pay for injuries and damages they cause to others if they are liable for a collision. If a negligent driver hurt you or someone you love, in general, an Idaho personal injury lawyer with our firm can seek car accident compensation for the following:

• Current and future medical treatment: Medical damages may include ambulance transportation, emergency services, medical procedures, hospital and doctor fees, prescription drugs, medical equipment, physical therapy, long-term nursing, and life care.
• Lost wages, earnings, and benefits: You can pursue lost income and benefits from time missed at work. If you have a permanent or disabling injury and must change jobs or leave the workplace, you can seek compensation for lost earning capacity.
• Pain and suffering: Also called non-economic damages, pain and suffering compensates victims for intangible losses, including physical pain, loss of mobility, depression, anxiety, stress, loss of enjoyment, and diminished quality of life.
• Wrongful death: If your loved one suffered injuries in a fatal traffic accident, an Idaho wrongful death lawyer with our law firm can seek damages on behalf of qualifying survivors. Compensation may include medical bills, funeral and burial costs, and the loss of your loved one’s financial support. Survivors may also pursue non-economic damages for the loss of a family member’s advice, companionship, and comfort.

Factors that Can Limit Injury Claims in Idaho

Several factors can limit the personal injury compensation you can recover after an Idaho car accident, including:

Auto Insurance Policy Limits

According to the Idaho Department of Insurance (DOI), motorists must carry a minimum of $25,000/$50,000 in bodily injury liability insurance per person/accident and $15,000 in property damage liability. Drivers can choose to purchase more coverage. Policy limits can affect how much car accident compensation you can recover.

If your damages exceed the liable party’s available insurance coverage, you may be able to seek additional compensation via your uninsured/underinsured motorist (UM/UIM) policy. Your insurer must provide UM/UIM unless you expressly reject it in writing.

Modified Comparative Negligence

When deciding how much compensation to award an injury victim, judges and juries will consider how the involved parties’ actions contributed to the car accident.

According to Idaho’s modified comparative negligence system, outlined in Idaho Statutes § 6-801, you recover damages if you are 50 percent or less at fault for an accident. Any liability assigned to you will reduce your compensation proportionally. So, if the jury believes you are 10 percent at fault and you have $100,000 in losses, you would receive $90,000.

However, if the judge or jury determines that you are more than 50 percent at fault, you cannot recover any compensation. Insurance companies understand the law and will consider it when offering you a settlement. Therefore, it will affect your claim even if you do not go to court. Our firm’s car accident lawyers can defend you from allegations that aim to blame you for the crash.

Caps on Non-Economic Damages

Non-economic damages are losses to your quality of life, such as pain and suffering. Idaho limits injury compensation for non-economic damages.

According to Idaho Statutes § 6-1603, non-economic damages cannot exceed a $250,000 cap. However, the Idaho Industrial Commission (IIC) adjusts that cap annually based on inflation. The IIC non-economic benefit cap for 2024 was $490,512.33.

Time Limits for Pursuing an Idaho Motor Vehicle Accident Case

There are time limits for seeking personal injury damages. You should file auto accident insurance claims immediately to avoid missing policy deadlines, which can be short.

If you must file a lawsuit to recover Idaho car accident compensation, Idaho Statutes § 5-219 sets a two-year statute of limitations for personal injury and wrongful cases. If you do not take legal action within the time limit, the court will likely refuse your suit.

How to Prove an At-Fault Party Owes You Car Accident Compensation

Winning car accident compensation in Idaho requires proving that a negligent party caused your accident and related damages.

A driver is negligent if they disobey traffic laws, such as engaging in dangerous driving behaviors. Examples of negligence include:

• Drinking and driving
• Driving distracted or texting and driving
• Driving aggressively or recklessly
• Making an improper turn
• Illegally passing or cutting off another driver
• Failing to obey traffic signs and stop lights
• Failing to yield the right of way
• Tailgating
• Speeding

To support your claim, you will need evidence. Proof in an auto accident case may include:

• Physical evidence from the accident scene
• Photographs and video from the crash site
• Surveillance, dashcam, or cell phone video of the crash
• Police reports
• Eyewitness accounts
• Testimony from experts, including accident reconstruction specialists, healthcare professionals, and economists
• Medical records
• Receipts, wage records, bills, estimates, and other proof of your current and ongoing losses

Do You Need an Idaho Car Accident Lawyer?

You can pursue an insurance claim or lawsuit without legal counsel, but an attorney can help you seek car accident compensation. A lawyer can ensure you pursue all your recoverable losses and send a message to the insurance company that you will not settle for less. A legal representative can also help you understand the laws and limits that can affect your personal injury case.

Our law firm can:

• Investigate the crash and collect case evidence
• Identify liable parties
• Identify your economic and non-economic damages
• Review applicable insurance policies and file insurance claims
• Clearly explain caps, deadlines, and other personal injury case limits
• Handle case-related details, communications, and “red tape”
• Aggressively negotiate on your behalf
• File a lawsuit and represent you at trial if necessary

Contact Sargent Law Firm Injury Lawyers Today!

Sargent Law Firm Injury Lawyers has won over $40 million in settlements, judgments, and verdicts for our clients. If you or your loved one sustained injuries in a crash, our Idaho car accident lawyers will fight for full and fair compensation for you and your family.

Contact us online or call today for a free consultation. We take cases on contingency, so our services cost you nothing up front or out of pocket.