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Understanding Idaho fault laws

On Behalf of | Aug 4, 2021 | Firm News

Car accidents are stressful. Following an accident, it is essential to file a claim immediately after the accident ensues and you must contact the proper authorities. Under Idaho law, you may end up paying a lot of money if your insurance does not cover the financial loss incurred due to the accident. 

Understanding the laws of Idaho when you get into an accident there is essential. You need to understand the full scope of the fault-based laws to know what kind of financial responsibility you or the other driver will have.  

There is a fault-based insurance law

Idaho follows a fault-based system. This means after a car accident, the person at fault who caused the car accident is responsible for any injuries sustained, income lost and vehicle damage. Oftentimes, the insurance carrier of the person at fault will pay for these losses depending on their policy limits. The person at fault is responsible for the remaining costs. Insurance companies and police decide who is at fault.  

Drivers can share fault

Drivers can share the fault depending on the circumstance. One driver may be 70% responsible while the other is 30%. For example, this would be the case if you are driving over the speed limit but another driver abruptly turns in front of you without giving you enough time to stop.  

You can sue the at-fault driver

The law states that you cannot sue the other driver if you are more than 50% at fault. If you are less than 50% at fault, you can collect damages and subject the percentage of which you are at fault.