You pay nothing until we win
by Matthew C. Andrew - March 7th, 2025
Accidents are stressful enough, and when liability is involved, the situation can become overwhelming. A common misconception is that you cannot receive any compensation if you were at fault. However, fault and compensation laws vary by state and can be more complex than they appear. With the help of our lawyers at Andrew Injury Law, we can guide you through whether you may still qualify for compensation, even if you were partially at fault for the accident.
Even if you were partially responsible for a car accident, you may still be eligible for compensation—depending on your level of fault. Idaho follows a modified comparative negligence system, meaning that your compensation may be reduced based on your percentage of fault.
Under Idaho Code § 6-801, if you are found to be 50% or more at fault, you are not eligible for compensation. However, if you are less than 50% at fault, you may still recover damages, but your compensation will be reduced by your percentage of fault.
Accident victims in Idaho may receive compensation for:
Understanding your level of fault is crucial, as it directly impacts the amount of compensation you may receive. Consulting an experienced car accident attorney can help clarify your rights and options.
The amount of compensation you can recover depends on how fault is assigned. Since Idaho follows a modified comparative negligence rule:
If a fatal accident leads to the loss of a loved one, Idaho Code § 5-311 allows surviving family members to pursue compensation. Under the law, eligible heirs may seek damages for:
Because each wrongful death case is unique, consulting with an experienced Wrongful Death Attorney is crucial to understanding your options.
If you plan to seek compensation, remember that Idaho law imposes a statute of limitations on personal injury cases. Under Idaho Code § 5-219, you must file a claim within two years from the date of the accident.
Failing to meet this deadline may prevent you from recovering any damages, regardless of fault. Acting quickly ensures that evidence remains intact and witness accounts remain fresh.
Even if you were the cause of the accident, there are limited situations where you may still receive compensation, such as:
Your options depend on your specific insurance coverage and the details of your case. Consulting with a Car accident Lawyer familiar with Idaho’s laws is essential for evaluating your options.
Beyond determining fault, identifying the responsible party (or parties) is crucial in seeking compensation. In some cases, liability may extend beyond the other driver and include:
A thorough investigation is necessary to identify all liable parties and maximize potential compensation.
A car accident can have long-term consequences beyond financial losses. Taking legal action promptly is key to protecting your rights. Andrew Injury Law specializes in handling complex personal injury cases and is committed to securing the compensation you deserve.
Call 208-517-7670 or visit our office at 3597 E Monarch Sky Lane, Suite 240, Meridian, ID 83646, for a free case review. Act now to protect your future.
Matt Andrew has been an attorney and member of the Idaho Bar since 2007 and has a varied and fascinating legal career. Since 2013, Matt has focused on representing seriously injured people in personal injury and workers’ compensation cases. Matt has successfully tried multiple cases to verdict before the Idaho District Courts and the Idaho Industrial Commission.
Member of the Idaho Bar since 2007
Bar Number: #7698
Location: Meridian, Nampa, and Caldwell, Idaho.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Matthew Andrew, who has more than 20 years of legal experience as a personal injury attorney.
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