Drivers are expected to drive at a reasonable speed and have complete control of the vehicle. Unfortunately, mistakes do happen. If you were injured in a crash that happened because the other driver was careless, negligent, or reckless, you could claim compensation for your losses. The compensation cannot reverse your injuries but can help tide you through the rough times. Idaho is a tort state. You can file a third-party insurance claim with the at-fault party’s insurer. Before you do that, consider hiring an Idaho car accident attorney to know your claim’s worth. For your help, here’s an overview of accident laws in the state.
When two drivers are at fault
Many states follow the “pure comparative fault” rule, where a party can claim compensation from the other even when they are more at fault. That’s not the case with Idaho. Here, drivers cannot claim compensation if they are more than 50% at fault. For the unversed, this is known as the “modified comparative fault” rule. In other words, if you are more at fault than the driver you are trying to sue, you cannot recover anything. Also, your fault percentage will determine what you get as the final settlement. For instance, when you are 40% at fault, and the award for losses is $10,000, you can only recover $6,000.
The statute of limitations
If you want to file a civil lawsuit against the at-fault party, you have to do so within the deadline as set by the statute of limitations in Idaho. You have two years for filing injury lawsuits, and if you are suing for property damage, you have three years to take action. The count would start from the car accident date. Two years may look like a lot of time, but evidence may disappear soon after the crash. Consider talking to a lawyer to know the best ways to preserve your interests.
Finding the right lawyer
As we mentioned, hiring an attorney for your car accident claim is one of the smartest steps. While you may assume that the insurance company would play fair and offer a fair settlement, things can be quite different. The other party may pass the blame, and the insurance claims adjuster may adhere to bad faith insurance tactics. With a lawyer by your side, you can expect to win an acceptable settlement and cover your losses.
Ensure that you report the car accident if there was injury, death, and substantial property damage involved.
