Car accidents are an unwelcome stress. Unfortunately, the situation can worsen when the driver who caused the accident doesn’t have insurance. Idaho law requires drivers to carry liability insurance, but some people still drive without coverage.
If you are involved in an accident with an uninsured driver in Idaho Falls, ID, it is important to understand your legal options and how to recover compensation. What happens after an accident with an uninsured driver often depends on the steps you take following the crash.
Idaho’s Insurance Requirements and Uninsured Motorist Coverage
Idaho law requires all drivers to have at least minimum liability coverage. Each state sets the minimum liability standards. State minimums are meant to make sure insurance covers minor injuries and property damage. However, not everyone follows these rules.
If you have uninsured motorist (UM) coverage as part of your auto insurance policy, this can help cover your damages when the at-fault driver lacks insurance.
The minimums required for liability insurance in Idaho are:
- $25,000 per person for bodily injury
- $50,000 per accident for bodily injury
- $15,000 per accident for property damage
While UM coverage is not mandatory in Idaho, insurance providers must offer it to everyone. If you decide against uninsured motorist coverage, it is harder to recover compensation.
Legal Options After an Accident with an Uninsured Driver
Fortunately, victims have options for recovery after an accident with an uninsured driver.
Insurance Claims
People with uninsured motorist coverage can file claims with their insurance providers to cover medical expenses and lost wages. Collision coverage helps pay for vehicle repairs.
Filing a Lawsuit Against the Uninsured Driver
Accident victims have the right to sue at-fault drivers for damages. However, many uninsured drivers are “judgment-proof.” This means they lack sufficient assets to pay a judgment, making recovery difficult.
Other Avenues for Compensation
If a third party contributed to the accident, there are additional legal options. This happens most often in cases where a negligent vehicle manufacturer or government agency responsible for road maintenance fails to meet their duty of care.
Idaho’s Negligence Laws and Statute of Limitations
Understanding Idaho’s negligence laws and the statute of limitations is crucial if you’re involved in a personal injury case.
Negligence Standard
Idaho follows a modified comparative negligence rule, meaning the court or insurer can reduce compensation to account for fault. For example, if someone is 20% responsible for an accident, their compensation might be 80% of their total damages. But if they are more than 50% at fault, it is possible they won’t recover any damages at all.
Statute of Limitations
In Idaho, individuals generally have two years from the date of the accident to file a personal injury claim. Certain exceptions may apply in cases involving government entities, minors, or undetectable injuries.
Common Reasons People Drive Without Insurance
There are several causes for uninsured motorists on Idaho roads:
- Cost: Low-income individuals may prioritize other financial needs over car insurance.
- Ineligibility: Drivers with a lot of traffic violations, accidents, or DUIs may find it impossible to get affordable insurance.
- Limited credit history: Idaho allows insurance companies to use credit scores for insurance rates. Drives with limited or no credit history can struggle to find insurance.
Some drivers go without insurance because of high premiums in risky areas. Places with high crime, frequent accidents, or natural disasters tend to have higher rates.
Others may let coverage lapse, which raises the price. Additionally, owners of older vehicles may skip insurance due to their car’s low value.
Steps to Take After an Accident with an Uninsured Driver
To improve your chances of receiving compensation after an accident with an uninsured motorist, you should:
- Call law enforcement: Always report accidents to the police, especially when the other driver lacks insurance.
- Gather evidence: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Get witness information: Eyewitnesses can provide valuable statements that support your claim.
- Seek medical attention: Get checked out even if you feel fine. Underlying injuries may appear later.
- Notify your insurance company: Once you are safe, notify your insurer about the accident and initiate your claim.
Once you have taken the above steps, consult an Idaho Falls car accident lawyer. Legal guidance can help you navigate the complexities of an uninsured motorist claim.
Recovering Compensation After an Uninsured Driver Accident
Without insurance, getting compensation is hard. However, options are available. Uninsured motorist coverage may cover medical bills, lost income, and other damages. It is also possible to win a judgment against the uninsured driver if they have personal assets.
If you are in an accident with an uninsured driver in Idaho Falls, having someone on your side can make a difference. An experienced personal injury attorney can evaluate your case and pursue the best course of action.
Contact the Idaho Car Accident Lawyers at Parker & McConkie Today
For more information, please contact an experienced car accident lawyer at Parker & McConkie Personal Injury Lawyers to schedule a free initial consultation today. We have 5 convenient locations in Utah, including Midvale, Salt Lake City, Ogden & Provo, UT. Clients can also visit our offices in Idaho Falls, ID & Rock Springs, WY.
We proudly serve Weber County, Utah County, Salt Lake County in Utah, Bonneville County in Idaho, Sweetwater County in Wyoming , and its surrounding areas:
Parker & McConkie Personal Injury Lawyers – Salt Lake City Office
466 S. 500 E., Suite 100,
Salt Lake City, UT 84102
(801) 851-1202
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Midvale Office
7090 Union Park Ave, #160,
Midvale, UT 84047
(801) 845-0440
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Ogden Office
2510 S Washington Blvd, Suite 160,
Ogden, UT 84401
(385) 402-8187
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Provo Office
37 E Center St, Suite 300,
Provo, UT 84606
(801) 876-4107
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Rock Springs Office
531 N Front St,
Rock Springs, WY 82901
(307) 205-7400
Hours: 24/7
Parker & McConkie Personal Injury Lawyers – Idaho Falls Office
2235 East 25th St. Suite #280,
Idaho Falls, ID 83404
(208) 418-0633
Hours: 24/7
