Idaho Car Accident Claim Process

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner,  Kigan Martineau who has years of legal experience as a personal injury attorney. Our last modified date shows when this page was last reviewed.

By:
Kigan M
| April 21, 2025
Idaho Car Accident Claim Process

After a car accident in Idaho, it’s easy to feel overwhelmed. There’s the stress of the crash, medical treatment, insurance paperwork, and trying to get your life back on track. Knowing what to do at each step can make the process less confusing and help protect your rights.

BAM Personal Injury Lawyers helps injured drivers take the right steps after a crash. Whether you’re dealing with serious injuries, property damage, or an unfair insurance claim, our experienced attorneys know how to handle the process. We work hard to help clients recover lost wages, pay medical bills, and receive fair compensation from the parties involved.

Table of Contents

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Step 1: Ensure Safety and Call 911

Your safety comes first after a car accident in Idaho. The most important thing is to make sure no one is in immediate danger and to alert emergency responders right away.

Move to a Safe Location If Possible

If your vehicle can move and it’s safe to do so, pull off the road. This helps prevent more accidents from happening. Use your hazard lights to warn other drivers and stay calm while waiting for help.

Call Law Enforcement to Report the Crash

Always call the police after a crash. An official accident report is often required when filing an insurance claim. Law enforcement will document what happened and speak with the parties involved and any witnesses at the accident scene.

Request Medical Help for Anyone Injured

If anyone is hurt, ask for medical help immediately. Even if injuries seem minor, it’s best to get checked. Immediate medical attention is important for your health and your personal injury claim. Delays can hurt your case later.

Step 2: Gather Evidence at the Scene

Step 2: Gather Evidence at the Scene

If you’re able to safely collect information at the accident scene, it can help your claim later. This evidence will be useful during the insurance claims process.

Take Photos of Vehicle Damage, Road Conditions, and Injuries

Use your phone to take pictures of all vehicles, the road, traffic signs, weather, and visible injuries. These photos help show what happened and can support your side of the story if the other driver denies fault.

Get Contact and Insurance Information From All Drivers Involved

Exchange names, phone numbers, license plate numbers, and insurance policy details with every driver. Make sure you also note the make and model of each vehicle.

Collect Contact Info From Witnesses

If someone saw the crash happen, ask for their name and number. Witnesses can support your version of events and may be helpful if fault becomes a dispute.

Request a Copy of the Police Report Later

Ask the responding officer how to get a copy of the accident report. This report may list who the officer believes caused the crash. It also includes key facts that your car accident attorney will need to build your case.

Step 3: Seek Medical Attention Immediately

Get checked by a doctor, even if you feel fine. Injuries are not always visible, and pain can show up days later.

Go to the ER or Visit a Doctor Promptly

Don’t wait to see a doctor. Medical treatment right after the crash proves that your injuries were caused by the accident. If you wait too long, the insurance company may say your injuries came from something else.

Document All Injuries and Symptoms

Tell your doctor about every symptom you feel, even if it seems small. Headaches, dizziness, or back pain can be signs of a bigger problem. This medical documentation will support your personal injury claims and help your legal team fight for fair compensation.

Follow All Treatment Recommendations and Keep Records

If your doctor says to rest, go to physical therapy or take medication, follow their advice. Save copies of all medical records, receipts, and prescriptions. These will be important when calculating your medical expenses and lost wages.

Step 4: Notify Your Insurance Company

Step 4: Notify Your Insurance Company

Let your own insurance company know about the crash soon after it happens. This step is important even if you were not at fault.

Report the Accident Promptly (Even if You’re Not at Fault)

Most policies require you to report an accident right away. If you don’t, your insurance claim could be denied. Be honest, but only provide the facts—like when and where the accident occurred.

Provide Basic Information, Not Detailed Statements

You should give basic details, but don’t guess or try to explain how the crash happened. Insurance adjusters may use your words against you later.

Avoid Admitting Fault or Downplaying Injuries

Do not say you caused the crash or that you feel fine. Let your car accident attorney speak with the insurance company for you if possible. This protects your right to seek full compensation.

Step 5: File a Claim With the At-Fault Driver’s Insurance

If another driver caused the crash, their insurance should cover your losses. You can file a claim directly with the other driver’s insurance company.

Idaho Is an “At-Fault” State

In Idaho, the driver who caused the crash is responsible for paying damages. That means you may file a claim with the at-fault driver’s insurer to cover your medical bills, lost wages, and vehicle repairs. This is a key part of the insurance claim process.

Step 6: Understand Idaho’s Comparative Fault Rule

Step 6: Understand Idaho’s Comparative Fault Rule

Idaho follows a rule that allows injured people to recover damages even if they are partly at fault for the accident — up to a certain limit.

Modified Comparative Negligence (50% Bar Rule)

Under Idaho Code Section 6-801, if you are 50% or more at fault, you cannot recover compensation. But if you are 49% or less at fault, you can still recover damages. Your compensation will simply be reduced by your percentage of fault.

Your Compensation Is Reduced by Your Percentage of Fault

If you are awarded $20,000 but are found to be 20% at fault, you will receive $16,000. This rule makes it important to prove how the crash happened and to show that the other driver was mostly responsible.

Step 7: Consider a Diminished Value Claim

Even if your car is fully repaired, its value may drop simply because it was in an accident. This is known as diminished value.

Even After Repairs, Your Vehicle May Lose Market Value

Most buyers won’t pay full price for a car that has a crash history. After a car accident in Idaho, your vehicle may lose value, even if it looks new again.

You May Be Entitled to Recover That Loss From the At-Fault Driver’s Insurance

In some cases, you can file a diminished value claim as part of your personal injury claims. If successful, the other driver’s insurance company may pay you for the difference between what your car was worth before the crash and what it’s worth now.

Step 8: Know the Time Limits (Statute of Limitations)

Idaho law sets strict deadlines for filing claims after a car accident. Missing these deadlines could mean losing your chance to recover damages.

You Have 2 Years to File a Personal Injury Lawsuit in Idaho

If you were hurt, you must file a personal injury lawsuit within two years of the accident date. This deadline applies even if you’re still receiving medical treatment.

You Have 3 Years to File for Property Damage

For property claims, like damage to your car, you have up to three years to file. Waiting too long may allow the insurance company to deny your claim.

Missing These Deadlines Could Bar You From Recovering Compensation

Once the deadline passes, you lose your right to take legal action. That’s why it’s important to act quickly and speak with a lawyer early in the process.

Step 9: Hire an Idaho Car Accident Lawyer

Step 9: Hire an Idaho Car Accident Lawyer

Filing an insurance claim can be complicated. A lawyer can help you protect your rights, deal with insurance adjusters, and fight for the money you deserve.

How a Lawyer Can Help

  • Investigate the accident: Gather evidence, speak with witnesses, and review the accident report to prove fault.
  • Calculate damages: Accurately add up medical expenses, lost wages, and pain and suffering to ensure you seek full compensation.
  • Handle communication: Speak with the insurance company on your behalf so you don’t say something that could hurt your case.
  • File all paperwork: Ensure that your claim or lawsuit is filed correctly and on time.
  • Fight for fair compensation: Negotiate a settlement or take your case to court if the offer is too low.

Looking for an Idaho Personal Injury Lawyer? Contact BAM Personal Injury Lawyers

call 801-839-5652

FAQs

Do I really need a lawyer after a car accident in Idaho?

If your crash caused injuries, medical bills, or lost wages, it’s smart to speak with an accomplished car accident attorney. Most car accident claims seem simple at first, but insurance companies often make low offers. A lawyer can protect your rights and help you pursue full compensation.

How long do most car accident claims take to settle?

Most car accident claims settle within a few months to a year. The timeline depends on how severe your injuries are, how long your treatment takes, and whether fault is disputed. Serious cases may take longer if the insurance company refuses to pay what’s fair.

Can I still recover damages if I was partly at fault?

Yes. Idaho follows a modified comparative fault rule. You can still recover money if you are less than 50% at fault. But the amount you receive will be reduced based on your share of the blame.

What if I didn’t feel hurt right after the crash?

It’s common for injuries to show up hours or even days after an accident. Always get checked by a doctor. Delayed medical treatment can make seeking compensation harder, especially if you wait too long to report your symptoms.

What should I avoid saying to the insurance company?

Don’t admit fault or say you feel fine. Avoid guessing about what happened. Stick to basic facts. Let your attorney handle the rest. Insurance adjusters may try to use your words to lower your claim.

Contact Our Idaho Car Accident Lawyers for a Free Consultationc

Contact Our Idaho Car Accident Lawyers for a Free Consultation

If you were injured in a car accident in Idaho, you deserve answers and support. Dealing with medical bills, lost income, and insurance adjusters can be overwhelming. You shouldn’t have to face it alone.

BAM Personal Injury Lawyers helps crash victims across Idaho recover compensation for their losses. Whether you are filing a new claim or struggling to get a fair settlement, our experienced car accident attorneys are ready to help. We know what it takes to protect your rights and fight for the full amount you’re owed.

We offer free consultations, so there’s no cost to learn about your options. If we take your case, you pay nothing unless we win. Let us handle the insurance company while you focus on healing.

Call us today to get started. We’re here to guide you through every step of the Idaho car accident claim process.

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