You pay nothing until we win
by Matthew C. Andrew - October 25th, 2024
If you’re involved in a collision in Meridian or Boise, ID, it’s essential to understand how insurance coverage works, particularly when dealing with the distinctions between first-party and third-party claims. While both are common methods of recovering damages, they can often become complex and overwhelming. At Andrew Injury Law, we’re committed to making the process as seamless and stress-free as possible for our clients. A third-party case typically involves seeking compensation from the at-fault driver’s insurer, while a first-party situation requires filing with your own insurance provider. If you need assistance, our Boise car accident attorney is here to provide expert support and guidance every step of the way, ensuring your case is handled with care.
This type of claim is made directly with your insurance company, typically under the coverage outlined in your policy. You’ll usually file it when your own policy covers the damages, regardless of who was at fault in the accident. For instance, if you are involved in a collision and the other driver does not have insurance, your uninsured motorist coverage may apply. This is considered a first-party petition since you’re seeking compensation from your insurance under your policy terms. It may compensate for vehicle repairs, medical bills, and other accident-related expenses, including vehicle damage, medical costs, and additional claims.
It’s not unusual for insurance companies to propose a settlement that falls short of your expectations, highlighting the importance of having legal representation. A car accident attorney in Boise can advocate on your behalf, ensuring you receive the fair amount you deserve. With their assistance, you are more likely to secure an agreement that accurately reflects the extent of your damages and losses, providing you with the financial relief necessary for recovery.
This car accident claim involves seeking compensation from the other driver’s insurance provider. In such instances, that person is found to be at fault, and their insurance is expected to cover your damages. This generally includes the repair costs for your vehicle and any medical expenses incurred due to the tragedy. To pursue this kind of demand, you will need to negotiate with the other party’s insurer to recover the appropriate settlement for the damages caused by their insured. Effective communication and documentation are essential in this process to ensure a successful outcome.
This process can become complicated in many instances, especially when disagreements arise over fault or the scope of damages. Idaho law, outlined explicitly in Idaho Statute Title 41, Chapter 36, establishes the rules insurance providers must follow when managing these appeals. Insurers may attempt to reduce indemnity or deny claims entirely despite these regulations. These disputes often require a comprehensive understanding of insurance policies and applicable laws.
Responsibility plays a central role in these car accidents. The at-fault driver’s insurance is typically responsible for covering the damage to your vehicle, medical costs, and other related charges. In an external liability situation, if the other driver is found at fault, their insurance may cover vehicle repairs and medical expenses. This assures you can recover costs associated with the mishap efficiently. However, proving fault can be a complicated process, particularly in cases where guilt is disputed. Idaho’s comparative negligence rule means that if you’re partially at fault, your compensation could be reduced in proportion to your level of responsibility.
Even if liability is clear, you may face obstacles such as a settlement offer that only partially covers your losses or disputes over the value of your petition. Idaho law, including provisions like those in Idaho Statute Section 41-3605, requires insurance companies to handle demands reasonably, but insurers may still attempt to settle for less than what you deserve.
Navigating the complexities of insurance claims can be daunting, especially if you’re not well-versed in the relevant laws. Insurance companies often prefer to resolve cases quickly and at the lowest cost. With legal representation, you can enhance your chances of receiving total compensation for all damages, including vehicle repairs and personal injuries. At Andrew Injury Law, we specialize in clarifying your rights and ensuring you receive fair treatment, building a solid case to support your claim. Whether you need to file with your insurer or pursue the at-fault driver’s provider, we can guide you throughout the process to get what you deserve. Reach out to us today for expert legal counsel in Meridian, ID, and surrounding areas.
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.
Client Reviews
Matt was very helpful in explaining the law and setting realistic expectations about my mothers case. He listened to the facts and gave solid advice about what to do next. I know his time is valuable and limited so I appreciated his complementary consultation and advice. I will definitely turn to him in the future.
View More Reviews on Google Maps and Yelp
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.
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.
No matter how you look at it, car crashes in Idaho Falls can be traumatic experiences. However, it's a smal...
Car accidents remain a serious issue in the state of Idaho. In 2021, there were over 8,600 injury crashes i...
Spinal cord lesions can be life-altering, leading to extensive medical bills and ongoing care requirements....
Accidental injuries cause over 24 million emergency room visits per year in the U.S., and many of these injuries are the fault of other parties.
Idaho reported more than 27,500 traffic crashes in a recent year, with over 12,600 people suffering injuries and 271 fatalities. We help car crash victims seek justice.
Commercial trucks are critical to Idaho’s economy, but they also put everyone at risk of serious collisions and injuries. We stand up to trucking companies.
Motorcyclists love the wide open spaces of Idaho, but other drivers are not always careful and can hit motorcycles, causing devastating injuries and losses.
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.
Many accidents happen because property owners or businesses do not maintain their premises. If you slipped and fell or had another premises-related accident, we can help.
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
No Fees Unless We Win Your Case