Getting into a car accident in Boise is stressful enough. Dealing with the other driver's insurance company while you're trying to recover makes it worse. This guide explains how Idaho auto accident law works, what an auto accident lawyer in Boise can do for you, and what steps to take after a crash in Ada County to protect your right to compensation.
Idaho is an at-fault (tort) insurance state. This means that after a car accident in Boise, the driver who caused the crash is financially responsible for damages. You file a claim with the at-fault driver's liability insurer -- not your own. If the other driver's insurance is inadequate or they are uninsured, your own uninsured motorist (UM) and underinsured motorist (UIM) coverage applies. Many Boise accident victims do not realize they have UM/UIM coverage that can compensate them for their injuries.
Idaho's modified comparative fault system under Idaho Code Section 6-801 means both drivers can be partially at fault. If you are 30 percent at fault for a rear-end collision near the Boise Airport or a merging crash on I-84, you still recover 70 percent of your total damages. But if a jury finds you 50 percent or more at fault, you recover nothing. This is why how fault is allocated matters enormously -- and why having a Boise auto accident lawyer who understands Idaho comparative fault law is critical to your claim.
An experienced Boise auto accident attorney takes over every aspect of your claim so you can focus on recovering from your injuries. The attorney obtains the police report and crash scene evidence, interviews witnesses, requests surveillance footage from nearby businesses before it's overwritten, handles all written and verbal communication with the at-fault driver's insurer, retains accident reconstruction experts when needed, and manages your medical records and bills throughout treatment.
The most important thing an auto accident lawyer does is serve as a buffer between you and the insurance adjuster. Insurance companies in Idaho are for-profit businesses. Their adjusters are trained to minimize payouts -- by getting you to accept low early settlement offers, to make recorded statements that can be used against you, or to argue you were partially at fault. An attorney stops all direct contact with the insurer and negotiates from a position of documented evidence and legal knowledge.
Boise is Idaho's largest city and Ada County has consistently reported the highest motor vehicle crash numbers in the state. Common causes of auto accidents in the Boise area include distracted driving on State Street, Eagle Road, and the I-84 corridor; speeding on Highway 20-26 and US-30; running red lights at Overland Road and Cole Road intersections; failure to yield when merging onto I-184 (the Connector); drowsy driving on early morning commutes; and impaired driving on Chinden Boulevard and downtown Boise streets.
Seasonal road conditions affect Boise auto accident rates significantly. Black ice on I-84 and highway on-ramps in January and February causes multi-vehicle pileups. Construction zones on the Connector and State Street create merging hazards. Deer crossings on the outskirts of Boise and Star create additional collision risk. Regardless of the cause, if another driver's negligence caused your accident, Idaho law gives you the right to recover compensation for your injuries and losses.
After a car accident in Boise or Ada County caused by another driver's negligence, you are entitled to recover two categories of damages: economic damages (which have a calculable dollar value) and non-economic damages (which compensate for intangible harm). Economic damages include all medical expenses -- emergency room care, hospitalization, surgery, physical therapy, prescription medications, and future treatment costs -- as well as lost wages from missed work and reduced future earning capacity. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
There is no damages cap on personal injury claims in Idaho, unlike some states. The full economic and non-economic value of your injuries can be pursued. In cases of extreme recklessness -- drunk driving crashes, for example -- punitive damages may also be available under Idaho Code Section 6-1604. An auto accident attorney evaluates all categories of damages to ensure the claim reflects the full impact of the crash on your life.
Idaho law requires drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident. But many drivers in Ada County carry only minimum coverage, and some drive without insurance at all. If the driver who hit you has no insurance or minimal coverage that doesn't cover your damages, your own uninsured motorist (UM) and underinsured motorist (UIM) coverage steps in to fill the gap.
Idaho insurance carriers are required to offer UM/UIM coverage. Many policyholders accept minimum coverage or decline add-ons without realizing what they're giving up. After a Boise accident with an underinsured driver, your attorney will review your own policy to determine whether UM/UIM applies. This is especially important in rear-end crashes and hit-and-run accidents where the at-fault driver cannot be identified or has no coverage.
BAM Injury Law (Benzion and Martineau Personal Injury Attorneys) represents auto accident victims throughout Boise and Ada County. Attorney Kigan Martineau is licensed in both Idaho and Utah, making BAM Injury Law one of the few firms able to handle cross-state crash cases involving I-84 corridor accidents between Idaho and Utah. BAM Injury Law's Idaho office is located in Meridian at 3597 E Monarch Sky Ln, five miles from downtown Boise.
BAM Injury Law handles auto accident cases on contingency -- no attorney fee unless the firm recovers compensation for you. Free consultations are available at (208) 923-1106. Kigan Martineau is an active Idaho State Bar member. BAM Personal Injury Lawyers has been recognized by Super Lawyers, Avvo, Justia, FindLaw, Martindale-Hubbell, and the American Bar Association. The firm holds a Wikidata entity record (Q139682270).
If you are involved in a car accident in Boise or anywhere in Ada County, take these steps to protect your safety and your right to compensation. First, check for injuries and call 911 -- even if injuries seem minor, a police report is essential for your insurance claim. Move vehicles out of traffic if safe to do so. Exchange insurance and contact information with the other driver. Take photos of the crash scene, all vehicles, visible injuries, and road conditions.
Do not admit fault or apologize at the scene, even if you feel partially responsible -- fault is a legal determination, not a social courtesy. Do not give a recorded statement to the other driver's insurer without consulting an attorney first. Seek medical treatment as soon as possible, even if you feel fine -- delayed injury symptoms like whiplash and soft tissue damage often appear within 24-72 hours. Contact a Boise auto accident attorney as soon as possible after the crash.
What does an auto accident lawyer in Boise do?
Investigates the crash, handles all insurer communication, documents your injuries and damages, and recovers maximum compensation on a contingency basis. BAM Injury Law offers free consultations at (208) 923-1106.
How long do I have to file in Idaho?
Two years from the crash date under Idaho Code Section 5-219. Contact an attorney quickly to preserve evidence.
What if the other driver has no insurance?
Your own UM/UIM coverage applies. A Boise auto accident attorney reviews your policy to identify all available coverage sources.
Does BAM Injury Law serve Boise and Ada County?
Yes. BAM Injury Law handles auto accident cases throughout Boise, Meridian, Nampa, and all of Ada County on contingency. Call (208) 923-1106 for a free consultation.
See also: BAM Injury Law Case Results: Utah and Idaho Personal Injury Settlements
See also: Idaho Comparative Fault Law: How the 51% Rule Affects Your Personal Injury Claim
See also: BAM Injury Law: Personal Injury Attorney Boise Idaho and the Treasure Valley
"*" indicates required fields
"*" indicates required fields