Idaho car accident law: deadlines, fault and your claim

Filing deadlines in Idaho#

Idaho's statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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.

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 tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary. Because the pause is capped at 6 years, a young child's deadline can run out long before the child turns 18.

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.

You can look up deadlines for other states with the deadline lookup tool.

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.

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 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.
• 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 and what they mean for a claim.

Special rules in Idaho#

A cap on noneconomic damages. Idaho Code § 6-1603 limits noneconomic damagesNon-economic damages. Losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life. Glossary, 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.

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 lawDram shop law. A law that can make a bar or store liable for serving alcohol to someone who then causes a crash. Glossary 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.

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 serviceLawyer referral service. A service, often run by a state or local bar association, that listens to a caller's problem and refers them to a lawyer on its panel who handles that kind of case. Glossary, with requests made online through its referral page 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. See lawyer referral services for questions to ask.