# Idaho car accident law: deadlines, fault and your claim

> Idaho car accident claims: the 2-year injury deadline, no recovery at 50% fault or more, 180-day government notices, damage caps and crash reports.

Canonical page: https://accidentclaimfacts.com/location/idaho/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Idaho you generally have 2 years from the crash to file a lawsuit for injuries and 3 years for damage to your vehicle. Idaho uses modified comparative fault: your damages are cut by your share of fault, and you recover nothing if your fault is as great as the fault of the driver you sue, so a 50/50 split means no recovery. If a city, county or state vehicle was involved, a written claim is due within 180 days.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 2 years | Idaho Code § 5-219(4) |
| Vehicle damage deadline | 3 years | Idaho Code § 5-218(3) |
| Wrongful death deadline | 2 years | Idaho Code § 5-219(4) |
| Fault rule | Modified comparative: barred at 50% or more | Idaho Code § 6-801 |
| Notice to a government body | 180 days | Idaho Tort Claims Act |
| Minimum liability insurance | $25,000 / $50,000 / $15,000 | Per person / per crash / property |
| Fault system | At-fault | PIP: Not required |
| Traffic deaths in Idaho, 2024 | 238 | IIHS |
| State bar referral service | (208) 334-4500 | Idaho State Bar |

## Filing deadlines in Idaho

Idaho's statute of limitations for crash claims is in Title 5 of the Idaho Code. The injury deadline usually runs from the day of the crash. Vehicle damage has a longer deadline than injuries, which surprises many people.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 2 years | Idaho Code § 5-219(4) |
| Damage to your vehicle or other property | 3 years | Idaho Code § 5-218(3) |
| Wrongful death | 2 years | Idaho Code § 5-219(4) |
| Claim against the state, a city or a county | Written claim within 180 days | Idaho Code §§ 6-905, 6-906 |

**Injured children.** Under Idaho Code § 5-230, the time before a child reaches the age of majority is not counted, but minority can pause the deadline for no more than six years. This kind of pause is called tolling. Because the pause is capped at 6 years, a young child's deadline can run out long before the child turns 18.

> **Example:** A 5-year-old is hurt in a crash. The two-year clock is paused for six years, not until the child's 18th birthday, so the lawsuit deadline falls about eight years after the crash, when the child is around 13.

**Claims against the government.** The Idaho Tort Claims Act requires a written claim filed within 180 days with the Secretary of State (for the state) or with the clerk or secretary of the city, county or other political subdivision. The period counts from when the claim arose or reasonably should have been discovered. For a minor, the claim is due within 180 days after the child reaches the age of majority, or six years after the claim arose or should reasonably have been discovered, whichever is earlier. A government body and its employees together pay no more than $500,000 per occurrence, unless the body bought more insurance.

> **Warning:** Talking with an insurance adjuster does not pause any of these deadlines. If a claim is still open as a deadline approaches, a lawsuit or notice of claim may need to be filed to protect it.

You can look up deadlines for other states with the [deadline lookup tool](https://accidentclaimfacts.com/tools/).

## How fault is shared in Idaho

Idaho Code § 6-801 lets you recover even if you were partly to blame, as long as your negligence was not as great as the negligence of the person you are suing. Your award is then reduced by your own percentage of fault. This is stricter than a 51% bar: in Idaho, a tie means you recover nothing.

> **Example:** A driver pulls out of a parking lot on State Street in Boise and hits you while you are going 10 mph over the limit. A jury finds the other driver 70% at fault and you 30%. Your proven damages are reduced by 30%. If the jury had split fault 50/50, you would recover nothing.

Adjusters use the same rule when they negotiate, so arguments about small details of the crash can decide whether you are paid at all. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=id&fault=20#fault) to compare Idaho with other states.

## Insurance in Idaho

Idaho drivers must carry at least $25,000 per person and $50,000 per crash for injuries, plus $15,000 for property damage. Idaho is an at-fault state, so the driver who caused the crash, through their insurer, pays for the losses. Idaho does not require personal injury protection (PIP).

- **Uninsured and underinsured motorist coverage:** Included unless rejected in writing. It pays when the at-fault driver has no insurance or too little. The Insurance Information Institute estimates that 6.4% of Idaho drivers were uninsured in 2023, compared with 15.4% nationally. See [uninsured driver accidents](https://accidentclaimfacts.com/accidents/uninsured-driver-accidents/).
- **Medical payments coverage:** Optional. It pays medical bills up to a set limit, whoever caused the crash.

The Idaho Department of Insurance handles complaints about insurers: 1-800-721-3272 (consumer hotline); (208) 334-4250.

## After a crash in Idaho

If a crash injures or kills anyone, or causes more than $1,500 of damage to any one person's property, Idaho Code § 49-1305 requires the driver to immediately notify the local police (inside a city) or the county sheriff or nearest state police office (outside a city). If the driver cannot do it, another person in the vehicle who is able must give or arrange the notice.

To get a copy of the crash report, order it online from the Idaho Transportation Department's Office of Highway Safety, which keeps the state's collision database. A copy costs $7 plus a transaction fee. The office does not have photos or other crash documents, only the report itself. Read more about [police reports](https://accidentclaimfacts.com/claim-process/police-report/) and what they mean for a claim.

## Special rules in Idaho

**A cap on noneconomic damages.** Idaho Code § 6-1603 limits noneconomic damages, such as pain and suffering, in injury and wrongful death cases. The cap started at $250,000 and changes every July 1 with the state's average wage. The Idaho Industrial Commission's latest published figure, effective July 1, 2025, is $509,013.28. The cap does not apply to willful or reckless misconduct, or to acts a jury finds beyond a reasonable doubt would be a felony. Medical bills and lost wages are not capped. See [pain and suffering](https://accidentclaimfacts.com/money/pain-and-suffering/).

**Punitive damages.** They require clear and convincing proof of oppressive, fraudulent, malicious or outrageous conduct, and are capped at the greater of $250,000 or three times the compensatory damages.

**Seat belts.** Not wearing a seat belt cannot be used as evidence of comparative negligence or admitted on the question of negligence in a civil case under Idaho Code § 49-673.

**Drunk drivers and the bars that served them.** Idaho's dram shop law allows a claim against a seller or server of alcohol only if the drinker was under the legal drinking age or obviously intoxicated, and the seller knew or reasonably should have known it. Before suing, the injured person must send the seller written notice by certified mail within 180 days. See [drunk driver accidents](https://accidentclaimfacts.com/accidents/drunk-driver-accidents/).

## Crashes on Idaho roads

The Insurance Institute for Highway Safety counted 238 crash deaths in Idaho in 2024, or 11.9 per 100,000 people, against a national rate of 11.5 per 100,000 people. Rural roads accounted for 75% of Idaho's crash deaths, and 24% were speeding-related.

## Finding a lawyer in Idaho

The Idaho State Bar runs a lawyer referral service, with requests made online through its [referral page](https://isb.idaho.gov/lawyer-referral-service/) and questions answered at (208) 334-4500. Most referrals cost $35, but personal injury referrals are free, and participating lawyers offer a first consultation of up to half an hour at no charge. Before you hire anyone, check the lawyer's license in the State Bar's [attorney roster search](https://isb.idaho.gov/licensing-mcle/attorney-roster-search/). See [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) for questions to ask.

## FAQ

### What is the statute of limitations for a car accident in Idaho?

Generally 2 years from the crash for injuries and 2 years for wrongful death. Vehicle and other property damage has 3 years. Claims against a government body also need a written claim within 180 days.

### Is Idaho a no-fault state?

No. Idaho is an at-fault state, and PIP is not required. You claim against the at-fault driver's liability insurance, or your own coverage such as uninsured motorist or MedPay if you have it.

### Can I recover if I was partly at fault in Idaho?

Yes, if your share of fault is less than the share of the person you are suing. Your damages are reduced by your percentage. If your fault is equal to or greater than theirs, you recover nothing.

### Do I have to report a car accident to the police in Idaho?

Yes, right away, if anyone is hurt or killed or the damage to any one person's property is more than $1,500. Call the city police inside a city, or the county sheriff or nearest state police office outside one.

### Does Idaho cap pain and suffering damages?

Yes. Idaho caps noneconomic damages in injury and wrongful death cases; the latest published figure, effective July 1, 2025, is $509,013.28. The cap is adjusted each July 1 and does not apply to reckless or willful misconduct or felony conduct.

### How long do I have to file a claim against an Idaho city or county?

A written claim must be filed with the city's or county's clerk or secretary within 180 days of when the claim arose or reasonably should have been discovered. Claims against the state go to the Secretary of State within the same period.

## Sources

- [Idaho Transportation Department, Office of Highway Safety](https://itd.idaho.gov/safety/) — crash records are public; photos are not supplied
- [Idaho Legislature, Idaho Code § 32-101](https://legislature.idaho.gov/statutesrules/idstat/Title32/T32CH1/SECT32-101/) — a minor is a person under 18
- [Idaho Legislature, Idaho Code § 5-219(4)](https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-219/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 5-218(3)](https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-218/), checked October 29, 2026
- [Idaho Legislature, Idaho Code §§ 6-905 and 6-906 (Idaho Tort Claims Act)](https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH9/SECT6-906/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 6-801](https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH8/SECT6-801/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 5-230](https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-230/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 6-905 (claims against the state)](https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH9/SECT6-905/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 6-906A](https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH9/SECT6-906A/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 6-926](https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH9/SECT6-926/), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 49-1305](https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH13/SECT49-1305/), checked October 29, 2026
- [Idaho Transportation Department, Order a Crash Report](https://itd.idaho.gov/service/order-a-crash-report/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 6-1603](https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH16/SECT6-1603/), checked October 29, 2026
- [Idaho Industrial Commission, Calculation: Non-economic Damages Caps (effective 7-01-25)](https://iic.idaho.gov/wp-content/uploads/2025/07/Benefits-Non-economic-caps-effective-07_01_25.pdf), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 6-1604](https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH16/SECT6-1604/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 49-673](https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH6/SECT49-673/), checked October 29, 2026
- [Idaho Legislature, Idaho Code § 23-808](https://legislature.idaho.gov/statutesrules/idstat/Title23/T23CH8/SECT23-808/), checked October 29, 2026
- [Idaho Department of Insurance, Required Auto Coverage](https://doi.idaho.gov/consumers/auto-insurance/required-auto-coverage/), checked October 28, 2026
- [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026
- [Idaho Department of Insurance, Optional Auto Coverages](https://doi.idaho.gov/consumers/auto-insurance/optional-auto-coverages/), checked October 28, 2026
- [Idaho Department of Insurance, Auto Insurance](https://doi.idaho.gov/consumers/auto-insurance/), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026