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Car accidents remain a serious issue in the state of Idaho. In 2021, there were over 8,600 injury crashes in the Gem State.
A car accident can leave anyone in a state of disbelief. Your plans for the day are thrown out the window, replaced with handling matters related to the collision.
In the aftermath of an accident, it is often unclear what steps should be taken. If you have been in a car accident in Idaho, Andrew Injury Law is here to assist you.
According to Idaho Code § 49-1305, you should call the police if the accident resulted in any injuries, fatalities, or more than $1,500 in property damage. If you contact the police for a minor accident, they are not obligated to visit the scene, but you will still need to file an accident report.
If the driver is incapable of reporting the accident due to incapacitation or a physical injury, but a passenger is able to contact the police, he or she is required to do so.
When a police officer arrives on the scene, the officer will normally conduct an investigation and file a collision report. The report will include the parties involved, road conditions, and who the officer thinks is responsible for causing the crash.
Idaho requires that drivers file accident claims through the at-fault driver’s insurance. Since you are filing the claim through an insurance company that does not offer you coverage, this is considered a third-party claim.
Idaho requires its drivers to carry the following minimum liability coverage:
Bodily injury liability coverage will cover the cost of drivers’ and passenger’s medical bills. Liability coverage is the maximum amount of coverage that an insurance company is obligated to pay the injured party.
Property damage liability coverage will cover the cost of repairing another person’s property. Property damage can include damage to another vehicle, fence, telephone pole, or any structures.
Insurance policies generally cover the drivers who are named on the policy, family members, and anyone who was given permission to drive your vehicle. You will want to review the terms of your insurance policy or speak with your insurance agent to know which drivers are covered under your insurance.
The insurance company’s objective is to settle your claim for as little as possible, so they will find any reason to place the blame on you. Insurers want to collect premiums, not lose money paying claims.
A claims adjuster may decide to conduct an independent investigation and discuss the accident with you. The insurance adjuster may get an estimate for repairs that undervalues your claim. You should reach out to two to three trustworthy mechanics to receive your own repair estimates to provide evidence supporting your claim.
Your claim could be rejected if you don’t watch what you say to an insurance adjuster. It is important that you don’t answer any questions regarding the accident before first consulting with your car accident lawyer.
If you have suffered injuries or lost a family member due to a car accident, you need reliable counsel. In the past decade, Attorney Matthew Andrew has recovered millions for his clients. Contact us today to schedule your no-obligation, free consultation.
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.
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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
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