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Idaho law strictly requires drivers to carry a minimum amount of auto insurance – specifically, liability coverage in case a driver causes injuries and damage to others in a crash. Unfortunately, many drivers fail to comply with these requirements. This violation can not only lead to penalties but also cause complications for accident victims when there is no available liability coverage.
If an uninsured driver hits you, there are still options available in many situations. Consult our Boise car accident attorneys at Andrew Injury Law today for more information.
Those involved in a car accident with an uninsured driver might turn to their own auto insurance to cover any losses. Most people choose to use their uninsured motorist coverage (UM), which is an add-on protection.
In Idaho, UM coverage is not mandatory but is highly advisable since it can help protect you against uninsured drivers on the road. Your UM policy covers medical bills, lost wages, and other expenses up to your coverage limit when an uninsured driver hits you. Essentially, it ensures another driver’s lack of insurance does not financially burden you.
Idaho is a tort state regarding car accidents. This means that the party found to be liable will be responsible for owing money to the victim for damages.
Unfortunately, there are many uninsured drivers on the road, and accidents involving them are difficult to navigate since it’s not always possible to obtain compensation from them. So what can you do if the liable party cannot pay? Let’s take a look at your options below:
If you have uninsured motorist coverage, you can use it to pay for the damages to your vehicle and injuries you might have. Unfortunately, coverage for most uninsured motorists has limits. That’s why if you’ve been in an accident with someone who doesn’t have insurance, you will likely file a claim with your insurer.
When speaking with your insurer, you must prove you were not responsible for the accident, but the driver who is responsible doesn’t have insurance. In addition, you must prove your damages or injuries. Always seek help from a car accident lawyer for this process, even if it involves your own provider.
If you don’t have uninsured motorist coverage or when your insurance policy doesn’t have enough coverage to cover the cost of damages and injuries, it is within your rights to file a lawsuit against the at-fault driver.
You can speak with an experienced and skilled attorney about filing a car accident lawsuit or personal injury lawsuit to get compensation from the negligent driver. Unfortunately, not all uninsured drivers will have enough money to pay you what they owe you.
That’s why speaking with an attorney is vital. They can help you determine if pursuing legal action is worth the effort. After all, it would be pointless to file a lawsuit against someone who cannot pay you compensation and leaves you with mounting legal bills.
Even though it is against the law to drive a vehicle without insurance, millions do every year. If you have had the misfortune of being involved in an accident with a driver without car insurance, you should consider your legal options. At Andrew Injury Law, our team can help you determine your options. Contact us here, and we will provide an obligation-free consultation.
One of the most difficult phone calls I receive regularly, are those from car crash victims hit by a driver without insurance. This uninsured motorist scenario quickly turns to the question of whether the caller has uninsured motorist (UM) coverage. The hard part of the call occurs when the caller reviews their policy and they learn they did not elect to receive uninsured motorist coverage.
Uninsured motorist coverage is protection you can purchase (very cheaply I will add) from your own vehicle insurance company to protect you in these scenarios. I once heard about 10 years ago that in Canyon County, Idaho, as much as 1/4 to 1/3 of the drivers on the road may not have insurance in violation of Idaho State law. That may or may not be better today, but it is still happening regularly enough that I get the calls and we have the difficult conversation about how the caller declined uninsured motorist coverage when they set up their vehicle policy.
Even though it’s your own insurance company that is supposed to step into the shoes of the defendant to make a claim for uninsured motorist coverage, I have had several instances where your own insurance company turns into the bad guy and tries to fight the claim.
Early on in my practice, I had a case involving a young woman on her way to work in Boise. She traveled on I-84 early in the morning to get to her job and as she passed the Meridian on ramp, a motorcycle rider without his lights on ran into her. The motorcyclist died and my client had significant injuries from the crash. The rider was uninsured at the time, was suspected of being intoxicated at the time, and had significant issues in his life that impacted his decision making.
Even though my client’s insurance company was supposed to step in to compensate my client for her injuries, the company took the position that she was partially at fault. According to them, she was at least 50% at fault and in Idaho that is a bar to recovery. This forced us to file a lawsuit against her company and litigate her case for damages. Fortunately, we were able to prevail and get a favorable decision that allowed her to receive medical care and pay for the damages she received. This situation is a good reminder about how even your own insurance company will try to find a way to get out of the claim. Without my help my good client would not have been able to receive any compensation for what she went through. It was a pleasure to serve her, and I was grateful for the decision we received.
Uninsured motorist coverage is vital to protect you and your family. However, even your own insurance company will try to find a way to get out of paying on a claim. The best way to ensure you recover the most you can from even your own insurance company, is to retain the help of an attorney who understands how to handle these cases and deal with insurance company games. My firm helps people with these issues all the time. Contacting my office costs you nothing and provides great peace of mind. If you have a case I can help on then you gain an advocate who understands how to fight back when insurance company plays its games to save money.
A contingency fee is a type of payment arrangement that our Idaho personal injury firm uses. It is an agreement with our clients where our attorney’s fee is contingent upon the successful outcome of the case. In other words, we only receive payment if we win the case or secure a favorable settlement for you. That payment comes from your final settlement or award, so you never need funds from your own pocket to pay us.
Under a contingency fee agreement, Andrew Injury Law also typically covers all the upfront costs associated with your case, such as court fees, document preparation, expert witnesses, and investigation expenses. These costs are then recouped from the final settlement or judgment if the case is successful.
We use contingency fees to provide access to justice for those without the financial means to afford legal representation. It allows everyone to pursue a personal injury claim with the right legal help – and without worrying about the added cost.
Read more about contingency fees here.
Personal injury damages refer to the compensation you might be entitled to if you suffered harm due to the wrongful conduct of someone else. The law provides relief for such injuries in the form of monetary damages.
Damages can fall into different categories:
Economic damages – These compensate for financial losses you can prove with bills or receipts. They often include medical bills, lost income from missing work, out-of-pocket injury-related costs, future expenses and lost earnings, and more.
Noneconomic damages – Some losses are not tied to bills or expenses, but you still deserve compensation for them. Some intangible and noneconomic damages include pain and suffering, mental trauma, and permanent disabilities or disfigurement.
Punitive damages – These do not apply in every case. However, if the party that caused your injuries acted so egregiously that the court decides to impose additional liability, the court may award punitive damages to you up to a certain amount. These are not tied to your specific losses, but instead the conduct of the defendant.
Read More: Is Idaho a No-Fault State?
States set deadlines for taking legal action called statutes of limitations. Once the deadline passes, you cannot file a successful claim. In Idaho, the statute of limitations is two years from the date of the injury, and there are few exceptions to this time limit.
The purpose of a statute of limitations is to ensure that legal actions are initiated within a reasonable period after the injury occurs. It provides a degree of certainty and finality to potential legal disputes and helps ensure evidence is reliable and does not weaken over time.
However, the statute of limitations also means you need to act fast following a personal injury. There is much to do before filing a lawsuit, so always seek help from Andrew Injury Law as soon as you know you have injuries and suspect someone else was at fault.
Read more about the Idaho statute of limitations here.
Naturally, you want to know how much money you might expect for your injuries and losses. Settlements and awards can vary widely – ranging from a few thousand dollars to multi-millions. Unfortunately, there is no way to advise what your claim might be worth without fully evaluating your circumstances.
Some factors we consider when determining the value of your claim include:
The insurance company will undervalue your claim – but we never will. You can trust Andrew Injury Law to fight for the total compensation you need and deserve.
Read more about how a personal injury claim in Idaho is calculated here.
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After a fatal accident, families can face overwhelming emotional and financial losses. We can help your family seek financial support and justice for your loved one’s wrongful death.
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Whether you work in construction, logging, or in an office, injuries can happen. We assist injured workers in seeking maximum compensation for their injuries.
Getting the workers’ comp you deserve for a job-related illness or injury can be more challenging than you expect. Seek help with your claim from our legal team.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 208-517-7670
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