Initial Steps and General Information
What should I avoid doing after a car accident in Idaho Falls?
After a car crash in Idaho Falls, there are some things you shouldn’t do. These mistakes could hurt your case if you need to go to court or deal with insurance companies.
- Don’t leave the accident scene: Staying at the accident spot is really important. If you leave, it might look like you did something wrong, even if that’s not the case.
- Don’t say it was your fault: Even if you think you caused the accident, don’t tell anyone that. Sometimes, things aren’t as simple as they seem at first.
- Don’t talk about the crash on social media: It’s best not to post about the accident on Facebook, Instagram, or other social media. What you say online could be used against you later.
- Don’t refuse medical help: Even if you feel okay, see a doctor. Some injuries don’t show up right away, and a doctor’s report can be important for your case.
- Don’t accept a quick offer from insurance: Insurance companies might try to give you money right away. But this might not be enough to cover all your costs.
- Don’t talk to the other driver’s insurance company: They might try to use what you say to pay you less money. It’s better to let a lawyer talk to them for you.
Keep in mind that being careful about what you do and say after a car accident can help protect you.
Who is responsible for paying my medical bills after a car accident in Idaho Falls?
Figuring out who pays for your medical bills after a car crash can be tricky. Here’s how it usually works in Idaho Falls:
- Your car insurance. If you have personal injury protection (PIP) on your car insurance, it might pay your medical bills first.
- Your health insurance. Your regular health insurance can cover your medical costs. But if you get money from the accident later, you might need to pay them back.
- The other driver’s insurance. If the other driver caused the accident, their insurance should pay for your medical bills. But this might take a while to sort out.
- You: Sometimes, you might need to pay some bills yourself at first. But if you win your case, you could get this money back.
It’s a good idea to keep track of all your medical bills and payments. This information can be helpful if you need to go to court or deal with insurance companies.
What should I bring to my first meeting with a car accident lawyer in Idaho Falls?
When you meet a lawyer for the first time, bringing some important stuff can help them understand your case better. Here’s what you should try to bring:
- Police report: This is the official paper the police wrote about the accident.
- Pictures and videos: Any photos or videos you took of the crash scene, your injuries, or damage to the cars.
- Medical records: Bring papers from your doctor visits and hospital stays related to the accident.
- Insurance information: Your car insurance policy and any letters or emails from insurance companies.
- Witness info: Names and phone numbers of people who saw the accident happen.
- Your story: Write down what you remember about the accident while it’s still fresh in your mind.
- Work documentation: Bring papers that show how much work you missed and money you lost because of the accident.
- Car repair bills: If your car was damaged, bring papers that show how much it cost to fix.
Don’t worry if you don’t have all of these things. Your lawyer can help you get what you need. The more information you can bring, the better your lawyer can help you.
Legal Process and Timeframes
What role does a police report play in a car accident claim in Idaho Falls?
The police report is a super important paper for your car accident claim.
Here’s why it matters:
- It’s official: The police report is an official record of what happened. Insurance companies and courts take it seriously.
- It has important details: The report includes things like when and where the accident happened, road conditions, and weather.
- It tells who was involved: The report has information about all the drivers and cars in the accident.
- It might say who’s at fault: Sometimes, the police officer writes down who they think caused the accident.
- It notes if anyone broke the law: If a driver was speeding or ran a red light, it will be in the report.
- It has witness information: The report often includes names and contact info for people who saw the accident.
- It can help with insurance: Insurance companies use the police report to help decide who should pay for damages.
While the police report is really helpful, it’s not always perfect. If you think there are mistakes in the report, tell your lawyer. They can help figure out how to deal with any errors.
Will my car accident case go to trial in Idaho Falls, or can it be settled out of court?
Most car accident cases in Idaho Falls don’t go to trial. Instead, they’re often settled out of court. A settlement is when you and the other side agree on how much money you should get without going to court.
Why settle?
- It’s usually faster than going to court.
- It can be less stressful than a trial.
- You know what you’re getting instead of leaving it up to a judge or jury.
- It’s private, so the details of your case aren’t made public.
When might a case go to trial?
- If the insurance company won’t offer enough money.
- If there’s a big disagreement about who caused the accident.
- If your injuries are very serious and cost a lot of money.
What happens in a trial?
- It takes longer than settling.
- A judge or jury decides who wins.
- It can be more stressful and unpredictable.
How does a lawyer help?
- They can tell you if a settlement offer is fair.
- If you need to go to trial, they’ll argue your case in court.
Remember, every case is different. Your lawyer will help you decide whether to settle or go to trial based on what’s best for your situation.
Compensation and Damages
How much compensation can I expect for a car accident claim in Idaho Falls?
It’s hard to say exactly how much money you might get for your car accident claim. Every case is different.
Here are some things that affect how much you might receive:
- The severity of your injuries, as more serious injuries usually mean more money.
- Medical bills, which include the cost of your treatment now and in the future.
- Lost wages if you missed work because of the injury. You can ask for that lost money.
- Car damage, which covers fixing or replacing your car.
- Pain and suffering, where you might get money for physical pain and emotional stress caused by the accident.
- Long-term effects if the crash causes lasting problems, like not being able to do your job anymore, you might get more money.
- Who was at fault, since if you were partly to blame for the accident, you might get less money.
- Insurance limits, as the amount of insurance the other driver has can affect how much you get.
- Your evidence, since having strong proof to support your claim can help you get more money.
- Your lawyer’s skill, because a good lawyer can often negotiate to get you more money.
Some cases might settle for a few thousand dollars, while others could be worth much more. Your lawyer can give you a better idea based on the details of your case.
How do I calculate pain and suffering damages in an Idaho Falls car accident case?
Figuring out how much money you should get for pain and suffering is tricky. There’s no simple math problem to solve. But here are some ways it’s often done:
Multiplier method:
- Add up all your medical bills and lost wages.
- Multiply that number by a number between 1.5 and 5.
- The more serious your pain and suffering, the higher the number you use.
Per diem method:
- Decide how much money your pain is worth each day.
- Multiply that by the number of days you were in pain.
- The daily amount is often based on how much you earn in a day.
Things that matter:
- How bad your injuries are.
- How long it takes you to get better.
- How the accident affects your daily life.
- Any emotional problems caused by the accident.
- Long-lasting effects or disabilities.
Proof you need:
- Doctor’s reports.
- Your own story about how the accident affected you.
- Statements from friends and family about changes in your life.
Insurance company calculations:
- Insurance companies often use computer programs to calculate pain and suffering.
- These programs look at many factors but might give you less money than you deserve.
If you go to court:
- If your case goes to trial, a jury decides how much you get for pain and suffering.
- They listen to all the evidence and use their judgment.
Your lawyer will help present your case to try to get you fair compensation. They might use a mix of these methods to argue for the right amount of money for your pain and suffering.
Proving Fault and Dealing with Insurance
How do I prove negligence in a car accident case in Idaho Falls?
To win your case, you need to show that the other driver was negligent. This means they weren’t being careful enough when driving.
Here’s what you must prove and how:
- Duty of care: Show that the other driver had a responsibility to drive safely. All drivers have this duty when they’re on the road.
- Breach of duty: Prove the other driver didn’t drive safely. Examples include speeding, running a red light, or texting while driving.
- Causation: Show that the unsafe driving caused the accident. The accident wouldn’t have happened if the driver had been careful.
- Damages: Prove you were hurt or your property was damaged because of the accident.
- Evidence to collect: Police report, statements from people who saw the accident, photos and videos of the accident scene, traffic camera footage, skid marks or damage to vehicles, or cell phone records (if you think the driver was distracted).
- Expert help: Sometimes, experts who study accidents can help prove what happened. Doctors can show how your injuries are related to the accident
- Your own statement: Write down what you remember as soon as possible after the accident. Be consistent in telling your story.
- Idaho’s comparative negligence rule: Even if you were partly at fault, you can still get some money. Your compensation is reduced by your percentage of fault. If you’re 50% or more at fault, you can’t get any compensation.
Your lawyer will help gather evidence and build a strong case to prove the other driver’s negligence. They know how to present this information effectively to insurance companies or in court.
How do I deal with insurance companies after a car accident in Idaho Falls?
Dealing with insurance companies can be tricky. Here are some tips to help you:
- Report the accident quickly. Tell your insurance company about the accident as soon as you can. Many insurance policies require you to report accidents quickly.
- Be careful what you say. Stick to the basic facts of what happened. Don’t say the accident was your fault. Don’t say you’re not hurt, even if you feel okay at first.
- Get information, but don’t give too much. Get the other driver’s insurance information. Don’t give a recorded statement to the other driver’s insurance without talking to a lawyer first.
- Keep good records. Save all your medical bills and records. Keep receipts for any expenses related to the accident. Write down missed work days and other ways the accident affected your life.
- Don’t take the first offer. Insurance companies often start with a low offer. You don’t have to accept it.
- Understand your policy. Know what your insurance covers. Understand your deductible and policy limits.
- Be patient. Settling a claim can take time. Don’t rush to accept an offer just to resolve the claim quickly.
- Watch what you post online. Insurance companies might check your social media. Don’t post about the accident or your activities while recovering.
- Hire an Idaho Falls car accident lawyer. A lawyer can handle talks with the insurance company. They know how to negotiate for a fair settlement.
- Don’t sign anything without understanding it. Get a lawyer to review any documents before you sign. Once you sign a settlement, you usually can’t ask for more money later.
Keep in mind that insurers are businesses trying to save money. They might not offer you all the money you deserve. A lawyer can help make sure you’re treated fairly.
Common Causes and Injuries
What are the most common causes of car accidents in Idaho Falls?
Car accidents in Idaho Falls happen for many reasons. Here are some of the most common causes:
- Distracted driving: Using phones (texting, calling, using apps), eating or drinking, adjusting the radio or GPS, talking to passengers
- Speeding: driving faster than the speed limit, driving too fast for road conditions (like in bad weather)
- Drunk driving: driving after drinking alcohol, driving while using drugs (including some medications)
- Weather conditions: snow and ice in winter, rain making roads slippery, fog making it hard to see
- Running red lights or stop signs: not stopping when required, trying to “beat” a yellow light
- Reckless driving: changing lanes without signaling, following too closely behind other cars, road rage incidents
- Drowsy driving: driving while very sleepy, falling asleep at the wheel
- New drivers making mistakes: not knowing how to handle difficult driving situations
- Car problems: brake failures, tire blowouts, steering problems
- Bad road conditions: potholes, poorly designed intersections, missing or confusing road signs
- Night driving: It’s harder to see at night, more tired drivers on the road
- Animals on the road: deer or other animals suddenly crossing
If you’re in an accident, understanding these causes can also help figure out who was at fault.
How does Idaho Falls handle uninsured or underinsured car accident claims?
Dealing with uninsured or underinsured drivers in Idaho Falls can be challenging.
Here’s how these situations are usually handled:
- Uninsured Motorist Coverage: If you have this on your insurance, it pays for your damages if the other driver has no insurance. It covers medical bills, lost wages, and pain and suffering. It’s not required in Idaho, but it’s a good idea to have it.
- Underinsured Motorist Coverage: This helps when the other driver doesn’t have enough insurance to cover your damages. Your insurance pays the difference between your damages and the other driver’s coverage.
- Personal Injury Protection (PIP): If you have PIP, it covers your medical bills no matter who caused the accident. It’s not required in Idaho, but it can be very helpful.
- Health Insurance: Your health insurance might cover your medical bills. You might have to pay them back if you get money from a settlement later.
- Suing the At-Fault Driver: You can sue an uninsured driver directly. But they might not have enough money to pay, even if you win.
- Idaho’s Financial Responsibility Law: Drivers must prove they can pay for damages they cause. Usually, this means having insurance. The minimum required coverage is $25,000.
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.
Resources for Car Injury Victims