Idaho Car Accident Statute of Limitations

In Idaho, you usually have two years from the date of your car accident to file a lawsuit against the responsible party. This statute of limitations for a car accident can vary depending on the circumstances of your case, so you could benefit from contacting an Idaho car accident lawyer immediately after the collision.

While you recover from your injuries, your attorney can preserve and gather time-sensitive evidence to support your case and ensure your lawsuit is filed on time. Learn about the Idaho car accident statute of limitations and other time-sensitive factors that could affect your damage claim.

What is a Statute of Limitations?

A statute of limitations is the legal deadline to file a lawsuit. The statute of limitations is designed to ensure claims are managed within a reasonable time frame. Every state has different statutes of limitations based on the type of case and other conditions. When the statute of limitations expires, the injury victim typically loses the opportunity to recover compensation through legal action.

What Is the Statute of Limitations for a Car Accident in Idaho?

Car accidents in Idaho are typically subject to Idaho Statutes § 5-219, which limits actions to two years. That means you generally have two years from the date of the collision to file a lawsuit against the responsible party. If you do not file a lawsuit within this time limit, you may lose the chance to seek compensation for medical bills, lost income, and other damages.

What Factors Can Affect the Car Accident Statute of Limitations in Idaho?

While the statute of limitations in Idaho gives auto accident victims two years to file a lawsuit, certain conditions can further limit the filing period.

Insurance Filing Deadlines

Although the statute of limitations limits the time you have to file a personal injury lawsuit, it does not necessarily apply to insurance claims. Some insurance companies have their own deadlines for reporting an accident, seeking medical attention, and submitting a claim. If you miss their filing deadline, you may lose the chance to recover compensation through an insurance policy.

Delayed Injury Discovery

Some motor vehicle crash injuries are not immediately apparent due to adrenaline from the accident. Idaho law allows injured victims to file a claim within two years of the date they discover they are injured because of the accident. However, it is important to seek medical attention as soon as possible to ensure prompt diagnosis and treatment of any injuries.

Claims Against Government Entities

In Idaho, motor vehicle accident claims against a government organization or entity may be subject to different filing requirements and deadlines. You may have to file a notice of claim with the appropriate government department directly, and the time frame to do so could be as short as 180 days, per Idaho Statutes § 6-905, § 6-906, and § 6-907.

Negligence Laws and Fault Determination

Idaho negligence laws for car accidents are strict and can limit your ability to file a claim. In situations where liability is in question, consult with a personal injury lawyer familiar with Idaho car accident laws. They can help you understand the complex legal rules and potential effects on your filing deadlines.

Car Accidents Involving Minors

When a car accident victim is a minor, Idaho Code § 5-230 allows them to file a personal injury lawsuit within two years of turning 18. However, the statute of limitations also caps tolling at six years. Depending on the victim’s age at the time of the accident, they may only have six years to pause the statute of limitations, and then the two-year deadline begins. Therefore, a child injured at 10 has 6 years to pause the statute of limitation (age 16) and then two years to file (age 18).

Mental Incapacity

Similar deadlines apply to people who are mentally incompetent to file for themselves. They are allowed to file a lawsuit within two years of being deemed mentally capable. If they are not declared mentally competent to file a case within six years, the two-year countdown will begin regardless. So, the mentally incapacitated victim has up to eight years to file, depending on their condition.

Why Is Quick Legal Action Critical After an Idaho Auto Accident?

With a typical two-year statute of limitations, you may wonder why you should begin the legal process right away. The truth is prompt attention can mean the difference between getting fair compensation or none at all.

Evidence Can Be Lost

After a car accident, crucial evidence like footage from traffic cameras, dashcams, and CCTV from nearby businesses can be overwritten within a few days or weeks. Crash reports must be filed within 24 hours of the accident but can easily be misplaced over the course of two years.

Witnesses May Forget

Witnesses who give statements soon after the accident are more likely to remember details than they will months or years later. Interviewing soon after the accident preserves important details that may otherwise be lost.

Lawyers Need Time to Strategize

By hiring an Idaho car accident attorney soon after your car crash, you give them time to preserve and gather important evidence to support your case. They have more opportunity to develop a compelling case and customize a strategy to achieve a more favorable outcome.

Medical Treatment Is Time-Sensitive

Medical records provide evidence of your car accident injuries and the costs associated with diagnosis, treatment, and rehabilitation. Some insurers will not accept a claim for medical damages after a certain time, so it is important to seek immediate medical attention. An Idaho auto collision lawyer can ensure you receive the treatment and documentation you need to recover your health and support your claim.

Avoid Missing Legal Deadlines by Consulting With an Idaho Car Accident Lawyer

If you were in a motor vehicle collision in Idaho, quick legal attention can ensure you meet all appropriate filing deadlines, including the Idaho statute of limitations. Over the past decade, the Sargent Law Firm Injury Lawyers has helped car accident victims recover millions of dollars in settlements, judgments, and verdicts. Our personal injury attorneys in Idaho can help you understand your legal rights and provide critical guidance during this challenging time.

Contact our office today for a free consultation with a member of our legal staff in Idaho.