It is completely okay to feel shocked and scared after an unfortunate car accident. Sadly, such accidents and crashes are reported in Idaho all through the year. If you ever get injured in a motor vehicle crash, you need to know your rights and Idaho personal injury laws. Idaho is an at-fault state, so the driver at fault will pay the compensation (through their insurance company) for your damages and losses. In your best interests, you may want to talk to an Idaho car accident attorney. In this post, we are sharing more on car accident laws and other things worth knowing.
Reporting an accident
The Idaho Statutes section 49-1305 makes it mandatory for involved drivers to report an accident, if –
- there was injury or death involved
- property damage is in excess of $1,500
No matter the circumstances, never run away from the accident site. Call the police and 911 if you haven’t already, and once the police officer gives a nod, you can leave. Note down all details that you can find before that.
Idaho follows the “modified comparative negligence” rule. This means that if a pers driver on has suffered injuries and losses, but also has their share of fault, they can still file for compensation. However, if the share of fault is more than 50%, the driver cannot recover anything at all. Keep in mind that if you are found at fault, your settlement will be reduced by your percentage of fault.
The Statute of limitations
The “statute of limitations” in Idaho allows two years to bring personal injury lawsuits against at-fault party. After two years, cases and lawsuits are rarely considered, barring a few exceptional circumstances. Also, the count starts from the date of the accident. Please note that the “statute of limitations” doesn’t apply to insurance claims. As for wrongful death lawsuits, the deadline remains the same, but the clock starts ticking from the date of death, which may not be the same as car accident date.
Consulting a car accident attorney
Often after a serious car crash, drivers and respective insurers end up blaming the other side. You don’t want to face the big insurance company without legal representation. Hiring a car accident attorney will only help in the long run, as the lawyer can ensure that you don’t settle for anything less than what you deserve. You can check online for top-rated car accident attorneys near you.