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Car accidents often leave victims not only in a state of shock, confusion, and distress but also grappling with serious and even life-threatening injuries. Unfortunately, too often, car accident victims in Mountain Home, Idaho, are left with little to no hope. It is not uncommon for insurers to deny or lowball claims, leaving them with no financial help.
If you are looking for a motor vehicle accident attorney in Mountain Home following a car accident on one of the city roads, contact Andrew Injury Law for a free consultation. We understand that grappling with injuries and legal actions at the same time may feel daunting. Our car accident lawyer will assess the validity of the case, break down the steps to take for seeking compensation, and what to expect at the end of the legal process. Reach out to us today at 208-517-7670 to discuss your legal options with our team.
When you’re involved in a car accident, what you do immediately afterward can greatly impact your legal case and insurance claim. We understand that the adrenaline rush from the accident may throw you into a state of confusion. However, remember that your claim counts greatly on what you do at this time. It is highly advisable to maintain your composure and act in a way that helps protect your interests down the road. Here are the essential actions you should take immediately following a car accident in Mountain Home, ID:
One of the most critical steps after an accident is documenting the scene as thoroughly as possible. If you’re physically capable, do this right away. Evidence gathered at this moment is fresh, and it can be essential when building your legal case.
Capture detailed photos and videos of the scene, including vehicle positions, damage, skid marks, road conditions, traffic signs, and visible injuries. These images can provide indisputable evidence during the legal process and can strengthen your claim by proving what occurred immediately after the accident. For example, photos of the other driver’s vehicle damage can discredit any claims that the accident was minor or did not cause serious harm.
While still at the scene, collect important details such as the other driver’s name, contact information, license plate number, and insurance details. These details are vital because they form the basis of any insurance claim or legal case. Failing to gather this information at the scene can make it much harder to track the other driver later or prove their involvement in the crash. Remember, accurate and comprehensive information about all parties involved will be necessary when dealing with insurance companies or a lawsuit.
Under Idaho Statute § 49-1305, you must report incidents that result in injury, fatality, or property damage over $1,500. Once reported, the police will arrive at the scene, evaluate the situation, and create an official crash report. This report includes their observations of the accident and who they believe may be at fault.
The attending officer’s report could support your case in proving fault and seeking compensation. It can further offer support if the other driver disputes your version of events or the defendants question the validity of your claim.
One of the biggest mistakes people make after a car accident is downplaying their injuries. Immediately after a collision, adrenaline can mask pain so that you feel uninjured or only mildly hurt. However, the absence of immediate pain does not mean you’re free from injuries. It’s common for symptoms of serious injuries like concussions, whiplash, or internal bleeding to manifest hours or even days after the accident.
Therefore, even if you feel fine, it is advisable to visit a hospital for medical evaluation. This is also important for establishing a clear link between the car accident and your injuries, a key component of any injury claim. Failing to seek prompt medical attention may give the insurance company a reason to argue that your injuries were not caused by the accident or are not as serious as you claim. After your initial examination, it’s critical to continue with the treatment plan prescribed by your physician. This includes attending follow-up appointments, taking prescribed medications, undergoing physical therapy, and following any other medical recommendations.
Having gaps in medical treatment can potentially weaken your claim in different ways. For instance, the defense may argue that your injuries were not severe or that you were already healed. These gaps create doubt about the legitimacy of your injuries and your claim. Also, medication gaps could break the chain of causation between the accident and your injuries. This would allow the other side to argue that your medical issues resulted from something other than the accident in question. The defense may use these arguments to reduce your compensation or deny certain damages.
One of the most common mistakes people make after a car accident is unintentionally admitting fault—either at the scene, to the police, or when speaking with insurance adjusters. Remember that even innocent statements can be used against you in the claims process. Some of the statements that could harm your case include:
These statements, though well-meaning, can create serious issues when you’re seeking compensation. Instead of discussing fault with the other driver or the insurance adjuster, it’s best to refer them to your attorney. A Mountain Home car accident lawyer can handle all correspondence on your behalf and ensure you don’t inadvertently harm your case.
The evidence you collect immediately at the accident scene can greatly make your insurance claim and potential lawsuit. The more thorough your documentation, the stronger your case will be. Here’s a list of essential information to collect:
The information collected at the accident scene is key evidence when it comes to proving fault and validating your claim. A car accident lawyer leverages this documentation to negotiate with insurance companies, refute counterclaims from the other party, and build a winning compensation case.
Idaho law demands that all drivers carry a minimum level of insurance. These minimums include the following, as stipulated under the Idaho Statutes § 49-117:
In insurance language, this is known as 25/50/15 liability coverage. But what if the other driver is uninsured? In this scenario, things can become more complicated, but there are still options to seek compensation. These include the following:
It is advisable to always consult an attorney due to the complexity of dealing with an uninsured driver. Your legal advocate will advise you on the appropriate legal option to pursue based on your unique case.
Although some car accident victims attempt to handle the claims process themselves, getting a lawyer can boost your chances of getting fair compensation. Having a lawyer means your rights are safeguarded and everything in your case is dealt with professionally.
One of the first steps your lawyer will take is to investigate the circumstances leading to car accidents. This involves the following:
The aim of this investigation is to establish a clear understanding of what happened and to determine fault. That way, a lawyer ensures that your case is built on solid facts, significantly strengthening your claim.
Based on the relevant information available regarding the accident, your attorney can offer advice on the appropriate legal avenues to pursue. Depending on the unique circumstances, this may involve filing an insurance claim, negotiating a fair and timely settlement, or launching a lawsuit. Your lawyer will explain the benefits and potential challenges of each option so you can make decisions that are most likely to lead to a successful resolution.
Insurance companies and their defense teams are often more focused on protecting their bottom line than availing fair compensation. It’s estimated that insurers turn down about 10% to 20% of the claims they receive initially. Therefore, it is no surprise that your claim will initially face denial or receive a settlement that is far less than what you deserve. If this happens to be the case, a car accident lawyer can step in and counter any denials by gathering additional evidence to challenge the insurer’s decision and negotiate for your best interests.
Accurately getting the value of your claim is essential to ensure that you are compensated for the full extent of your losses. The car accident lawyers from Andrew Injury Law have the experience and resources to carefully evaluate both your economic and non-economic damages, as well as future expenses related to your injuries.
Your attorney will work with the appropriate teams, such as medical experts, economists, and other professionals, to determine the true financial impact of the accident. They will see to it that all aspects of your damages are considered so you don’t leave money on the table. This ensures you receive compensation that reflects the full scope of your injuries and losses.
If negotiations with the insurance company fail or do not yield a meaningful settlement, a Mountain Home car accident attorney will right away take your case to court. They will officially launch a lawsuit, prepare legal arguments, present evidence, and represent you during court proceedings. Though your car accident claim in Mountain Home, Idaho, is likely to settle out of court, having a lawyer who is prepared to litigate your case adds significant leverage during negotiations. This is because insurers are more likely to give a fair settlement if they know you have a strong attorney from Andrew Injury Law, willing to fight for you in court.
Technically, you can handle your car accident claim on your own in Idaho. However, doing so may not always be in your best interest. While it’s possible to file a claim with an insurance company alone, the ins and outs of Idaho personal injury law can make the process overwhelming. A car accident attorney from Andrew Injury Law understands the legal procedures and timelines and can efficiently navigate the system.
Beyond financial benefits, hiring a lawyer can also significantly reduce the stress of dealing with the legal aspects of your case. Rather than being burdened by the complex legal procedures and other considerations, you can concentrate on your healing, knowing that your attorney is working to safeguard your rights and secure the best possible outcome for you.
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.
The claims process with insurance companies can feel like an uphill battle. However, your lawyer is ready to engage them in a back-and-forth talk about compensation. Typically, your claim process will begin with consulting with a Mountain Home car accident attorney from a reputable personal injury law firm in Idaho. This is important because it gives your case an opportunity to be looked at from a legal perspective to determine if it has merits. If you have a viable case, your lawyer will file a claim. This notifies your insurance company and sets the process in motion. Once the claim has been launched, the insurer will assign an adjuster to your case. The adjuster will investigate the accident’s facts by reviewing evidence, speaking with witnesses, assessing the damages, and determining liability.
After the investigation, the insurance company may present you with a settlement offer. While it might be tempting to accept the first offer, it’s important to approach it with caution, as initial settlements often fall short of covering the full extent of your damages. If the offer seems inadequate, your attorney from Andrew Injury Law can negotiate further for a more reasonable settlement. However, if the negotiations don’t result in fair compensation, the next step might involve filing a lawsuit. Litigation may become necessary to ensure you obtain the compensation you deserve for your injuries and losses.
After a car accident, the financial toll can add to your physical and emotional distress. Your lawyer will assess your life after following the accident to help determine the damages you suffered to recover your losses and start moving forward.
The recovery you can claim depends on the severity of your injuries and damages. Common types of compensation include:
Pain and suffering damages are not simple to quantify, as they encompass the physical and emotional toll the accident has taken on your life. Courts or insurance companies often use one of two methods to calculate these damages:
Determining whether your car accident case in Mountain Home is worth pursuing legally often hinges on a professional assessment by a lawyer. An attorney from Andrew Injury Law can look into the specifics of your situation to determine if you have a case worth pursuing. The decision to pursue legal action is dependent on several factors:
In Idaho, your car accident lawsuit must be filed within the legally stipulated timeline, typically known as the statute of limitations. For your personal injury lawsuit to be legally viable, it must be brought within two years from the date of the crash. This means that if you fail to file a claim within this timeframe, you might forfeit your ability to pursue legal compensation.
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Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
Idaho follows a modified comparative negligence system where each party involved in a car accident is assigned a percentage of fault. If it is determined that you are partially at fault for the accident, your compensation will be adjusted to reflect your contribution of fault. For example, if you are 20% at fault, your award will be reduced by 20%. However, you will not receive any compensation if you are found to be 50% or more at fault.
According to the NHTSA, some of the leading causes of accidents are distracted driving, speeding, and driving while impaired by alcohol or drugs. Additionally, reckless drivers have reportedly caused fatal crashes. Moreover, adverse weather conditions such as fog or rain can make roads extremely dangerous, especially when drivers don’t drive according to the road conditions.
Most likely, your legal advocate will advise you not to settle too quickly to avoid the following risks:
It’s important to consult with your car accident lawyer in Mountain Home before accepting a settlement offer to ensure your rights are protected.
If your claim is denied by an insurance company, your lawyer will step in to assess the reasons for the denial and determine whether it was justified. If the denial was improper, your lawyer will file an appeal and present evidence to strengthen your case. If the insurer refuses to settle fairly, your attorney can initiate a lawsuit to pursue the compensation you deserve. Make sure to leverage the experience of your lawyer to push back against lowball offers and fight for a fair settlement.
Yes, Idaho has specific laws that can impact car accident claims. As mentioned earlier, Idaho follows the rule of modified comparative negligence. This means you can only recover damages so long as you are less than 50% at fault for the accident. Additionally, the state requires all drivers to carry at least $25,000 per individual and $50,000 per accident in bodily injury liability, as well as $15,000 in property damage liability. In Idaho, moreover, you’ve got two years from the date of the accident or the time you found you are injured to launch a personal injury claim.
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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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