Have you ever heard the phrase, “It’s better to know a little bit about a lot of things than a lot about a little bit of things?” Basically, this means it is wise to have at least a little bit knowledge about a lot of different things. Car accident laws fall under this category, as they can happen to anyone. If you know what to expect, maybe you will be able to cope with the aftermath of an accident more easily.
With that being said, we spoke with a Boise car accident lawyer to learn more about the car accident laws in Idaho, so residents and visitors alike have the knowledge they need to recover after a collision.
Modified Comparative Fault in Idaho
If you’re injured in an accident and you did something to contribute to the accident, you can still file a lawsuit against the primary liable party and be awarded compensation for your suffering. This is known as modified comparative negligence.
However, anything you are awarded will be reduced by your portion of fault. For example, If you were 30 percent to blame, your award would be reduced by 30 percent; so, if you are awarded $100,000, you would only receive $70,000.
Statute of Limitations for Filing a Civil Claim
You will also need to know how long you have to file your claim. Idaho has one of the most injury victim-friendly statute of limitations in the country, allowing accident survivors to file their lawsuits up to four years after the date of the accident in which they were injured.
The statute of limitations could be extended to a later date if you were diagnosed with your injuries in the days or weeks after the collision. The statute of limitations is critical because missing this deadline means you are essentially forfeiting any injury settlement you might have been awarded. The judge will have no choice but to dismiss your claim if you file once the statute of limitations has expired.
A Fault State
Finally, when you get into an accident, you need to get the liable party’s insurance information. Idaho car accidents are fault-based, meaning your claim needs to be filed with the at-fault party’s insurer, not your own. You would only need to file a claim with your own insurer if your accident occurred in a no-fault state and you carried personal injury protection as part of your auto insurance policy.