If you have recently been injured in a car accident in Idaho, you need to understand your available legal options for holding the at-fault driver liable for the losses you suffered. First, you must understand that Idaho is a “fault” car accident state, which means that the person responsible for causing the crash is also held accountable for the damages they cause.
The following are the three ways you can recover financial compensation from a car accident in Idaho:
File a claim with your own insurance company, if the losses are covered under your policy
File a third-party claim with the at-fault driver’s insurer
File a personal injury lawsuit in civil court against the liable driver
On the other hand, in no-fault car accident states, drivers must turn to their personal injury protection (PIP) coverage of their own policy to pay for out-of-pocket expenses. Only if an injury is serious in nature can you seek damages directly with the at-fault driver.
But what if the other driver claims you were either partially or completely responsible for the collision? In such cases, Idaho follows a “modified comparative fault” rule, which means your total award will be reduced by your percentage at fault for causing the accident and your injuries.
For example, if you are awarded $100,000 but the jury also believes you were 35 percent liable for causing a crash, you can only walk away with $65,000 or 65 percent of your total award. If you were at least 50 percent responsible, then you would not be able to recover anything.
If you or a loved one suffered an injury in a car accident in Pocatello, contact May, Rammell & Wells today at (208) 623-8021 to learn how our legal team can help you. Get more than 70 years of combined legal experience on your side!