Being involved in a car accident in Boise, Idaho, can leave you with uncertainty about what comes next. If someone else caused the crash, state law may allow you to pursue compensation for your losses. However, the legal process when it comes to actually recovering everything you’re entitled to is often anything but straightforward.
Below are answers to some of the questions car accident victims in the area ask most often.
What Should I Do Right After a Car Accident in Boise?
The steps you take immediately after a crash can have a major impact on any claim you file later on.
If you are involved in a car accident in Boise, keep the following in mind:
- Stay at the scene and call the police. Under Idaho law, you are required to report any accident involving injury, death, or property damage over $1,500. A police report can also serve as important support for your claim.
- Get medical attention as soon as possible, even if you feel fine. Some injuries do not produce symptoms right away, and having medical records from the start can help your case.
- Collect information at the scene if you are able to. That includes the other driver’s contact and insurance details, photos of the vehicles and road conditions, and contact information from any witnesses.
- Avoid apologizing and do not accept blame for the crash either. Statements like these can be used against you during the claims process.
From there, reaching out to a car accident attorney for advice on how to proceed based on the unique facts of your case is best. Ideally, you would hold off on corresponding with any insurance companies before this point as well, though you may need to at least initially contact your insurer to comply with the terms of your policy.
How Does Idaho’s Fault-Based System Work?
Idaho is an at-fault state, meaning the driver who caused the accident is responsible for the other party’s losses. After a crash, you will typically file a claim with the at-fault driver’s insurance company rather than your own.
Every driver in Idaho is required to carry minimum liability insurance per Idaho Statutes § 49-1229. Those minimums are $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $15,000 for property damage. If the at-fault driver’s coverage is not enough to cover your losses, you may be able to tap into your own uninsured or underinsured motorist coverage if you carry it.
What if I Am Partially at Fault for the Accident?
Idaho follows a modified comparative negligence law. This means you can still recover compensation as long as your share of fault for the accident is less than 50%. However, your total award will be reduced by whatever percentage of fault is assigned to you.
For example, if your damages total $500,000 but you are found to be 20% responsible for the crash, your recovery would be reduced to $400,000. If your share of fault reaches 50% or more, you are barred from recovering anything at all.
What Damages Can I Recover After a Car Accident in Boise?
If another driver caused your accident, you may be entitled to both economic and non-economic damages.
Economic damages cover your financial losses. These can include:
- Medical bills, both current and future
- Lost wages and diminished earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages address losses that are harder to put a number on:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disability
Punitive damages might also be available in rare cases involving egregious misconduct from the at-fault party.
How Long Do I Have to File a Car Accident Lawsuit in Idaho?
Idaho generally gives you two years from the date of your accident to file a personal injury lawsuit. For property damage claims, the deadline is three years. Missing these statutes of limitations typically means losing the right to pursue compensation entirely.
However, note that there are exceptions that can sometimes adjust these time limits in either direction. It’s best to reach out to a car accident lawyer as soon as you can to ensure you file your claim in an appropriate manner.
How Much Is My Boise Car Accident Case Worth?
The value of a car accident case will ultimately come down to a number of factors, including:
- How serious your injuries are and whether they require ongoing treatment
- The amount of income you have lost and whether your ability to earn a living has been affected long-term
- Whether you are expected to make a full recovery
- How clearly the evidence supports that the other driver was at fault
- The limits of the insurance policies involved
- The strength of your legal representation
While cases involving the most catastrophic injuries tend to be worth the most, that is only one piece of a relatively complex puzzle.
Contact a Boise Car Accident Lawyer at Feller & Wendt, LLC, for Help Taking Legal Action
If you were injured in a car accident in Boise, Idaho, the best way to get answers specific to your situation is to speak with a qualified attorney. Call us at 208-595-6953 and schedule a free consultation with an experienced Boise car accident lawyer at Feller & Wendt, LLC, today to learn more and begin the path toward recovering all the damages you need and deserve.
