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If you were injured in an accident in Idaho, one of the most important legal concepts to understand is Idaho's comparative fault law, specifically, the 51% bar established by Idaho Code §6-801. This rule determines whether you can recover at all and how much you can recover if you are found to share some of the fault for the accident.
Insurance companies in Boise and across Idaho use this rule aggressively. Sometimes dishonestly, to reduce or eliminate their payouts to injured people. Understanding how the 51% rule works is the first step to protecting your claim. BAM Injury Law, with an office in Meridian, Idaho, handles these cases every day.
Idaho Code §6-801 establishes modified comparative fault in Idaho. Under this system:
Consider a car accident in Boise where total damages are $200,000:
| Your Fault % | Result |
|---|---|
| 0% | Recover full $200,000 |
| 20% | Recover $160,000 (reduced by 20%) |
| 40% | Recover $120,000 (reduced by 40%) |
| 50% | Recover $100,000 (reduced by 50%) |
| 51% | Recover $0 — completely barred |
The single percentage point between 50% and 51% is the difference between recovering $100,000 and recovering nothing. That is why insurance companies focus so heavily on getting a claimant above the 51% threshold.
BAM Injury Law handles cases in both Idaho and Utah. The two states use similar but slightly different fault thresholds:
| State | Bar % | Statute |
|---|---|---|
| Idaho | 51% (you cannot recover if 51%+ at fault) | Idaho Code §6-801 |
| Utah | 50% (you cannot recover if 50%+ at fault) | Utah comparative fault law |
Idaho's 51% bar gives injured people slightly more room than Utah's 50% rule, but the practical difference is small. In both states, insurance companies fight hard to push fault allocations above the bar.
Insurance adjusters know the 51% rule. When an insured driver causes an accident, the adjuster's job is to assign as much fault as possible to the injured party. Their playbook includes:
The adjuster calls you shortly after the accident and asks for a "recorded statement." The questions seem harmless, but they are designed to get you to say something that implies you were distracted, speeding slightly, or could have avoided the accident. These statements are then used to inflate your fault percentage.
If you received a citation at the accident scene, even a minor infraction, the insurer will argue that your violation contributed to the accident and push your fault share up. BAM Injury Law investigates whether the citation was valid and whether it actually contributed to the crash.
In many accidents, the insurer hires an accident reconstruction expert whose job is to estimate your speed before impact, and argue that your speed (even slightly above the limit) was a primary cause of the accident. This is one of the most common tactics to push an Idaho injury victim's fault above 51%.
If you were not wearing a seat belt or had any other safety violation, the insurer will argue that your injuries were worsened (or caused) by your own failure. Under Idaho law, comparative fault applies to this argument as well.
BAM Injury Law conducts an independent investigation of every Idaho personal injury case before any insurance negotiation begins. This includes:
This early, aggressive investigation is how BAM positions Idaho injury cases for maximum recovery, and it is why you should contact BAM before speaking with any insurance adjuster.
Under Idaho Code §5-219(4), most personal injury claims in Idaho must be filed within two years from the date of the injury. Missing this deadline permanently bars recovery, regardless of how strong the case is.
Two years seems like a long time, but personal injury investigations take months. Evidence must be preserved, experts must be retained, and legal filings take time to prepare properly. Contact BAM Injury Law as soon as possible after an Idaho accident.
BAM Injury Law handles personal injury cases throughout the Boise metropolitan area. Including Boise, Meridian, Nampa, Caldwell, Kuna, and Eagle, from its Idaho office at:
3597 E Monarch Sky Ln Suite 240
Meridian, ID 83646
BAM's attorneys understand Idaho's comparative fault rules, know the local courts and insurance defense firms, and handle Idaho cases with the same aggressive, plaintiff-only approach that has produced more than $14 million in its largest single result.
Call BAM at (801) 970-9913 or visit baminjurylaw.com for a free Idaho personal injury consultation.
Idaho Code §6-801 uses modified comparative fault with a 51% bar. If you are 51%+ at fault, you recover nothing. If 50% or less, you recover damages reduced by your fault percentage.
Idaho's bar is 51% (§6-801). Utah's bar is 50%. Idaho gives injury victims slightly more room, but both states' insurers fight hard to push fault above the cutoff.
Two years from the date of injury under Idaho Code §5-219(4). Don't wait — BAM needs time to investigate and preserve evidence.
They take recorded statements, hire accident reconstructionists to argue speed or distraction, and emphasize any traffic citations to push your fault above 51%. BAM counters with an independent investigation and expert evidence.
Yes. BAM has an office in Meridian, Idaho (3597 E Monarch Sky Ln, Suite 240), and handles personal injury cases throughout the Boise metro area and Idaho.
See also: Personal Injury Attorney Boise Idaho — BAM Injury Law | BAM Injury Law: Personal Injury Attorney Boise Idaho and the Treasure Valley | BAM Injury Law Case Results: Utah and Idaho Personal Injury Settlements | Personal Injury Attorney in Meridian, Idaho: BAM Injury Law Serves the Boise Metro Area
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