Idaho Car Accident Statute of Limitation Laws
It doesn’t matter what kind of driver you are, sometimes Idaho car accidents are simply unavoidable. From animals in the road to weather events to regular human error, sometimes there’s nothing you can do on your end.
Instead, you have to focus on what you can control. Seeing a doctor, assessing the damage, and working with your insurance company can all go a long way to putting you back in the driver’s seat (both literally and figuratively).
However, if the settlement you received isn’t enough or the full extent of the damage isn’t apparent at the time of the accident, it helps to know the state laws if you’re considering suing the at-fault party.
What Is a Statute of Limitation?
A statute of limitations is the state law that assigns a time period to your right to sue after a car accident in Idaho. Car accident lawyers Boise Idaho remind you that car accident lawsuits do not have to be filed by a driver. They can be filed by anyone who was involved in the accident. This includes passengers, bicyclists, pedestrians, etc.
The Statute of Limitations for Car Accidents in Idaho
State laws limit most car accident injury lawsuits to two (2) years. If you’re suing for property damage caused by the collision, a car accident lawyer in Idaho will advise that you have up to three (3) years to file. The statute is measured by the date the accident occurred — not the date that you discovered the full extent of the damage.
A statute of limitations is a state law and does not apply to an insurance claim. If you’re going to file a claim with your insurance company for reimbursement, you’ll need to start a claim as quickly as possible after the accident occured. (A car accident lawyer in Idaho can tell you more about how your specific lawsuit relates to the insurance claim.)
Most people will think about hiring a car accident attorney in Idaho if their claim is either denied or the settlement is significantly lower than what was expected. Others may file a lawsuit if the outcome of a car accident in Idaho wasn’t apparent directly after the event occurred. For instance, you might be diagnosed with mild whiplash by a doctor after you were rear-ended. However, over time, you realize that the impact has left you with chronic neck pain.
Or a mechanic may have told you that there was no major damage to your car, failing to see a part that was slightly misplaced during the accident. After time passes, the internal system of the car becomes more imbalanced and eventually causes safety hazards for you and your family. Car accident lawyers Boise Idaho know that not all car accidents are as cut-and-dry as an insurance company would have you believe. That’s why it’s so important to have a trustworthy partner if you have a complex case.
Exceptions to Idaho’s Statute of Limitations for Car Accidents
If you’re unfortunately facing the worst-case scenario with a wrongful death claim, the statute of limitations is two years after the person passes away. So if the passenger was in a serious accident and went into a coma for three months before passing away, the lawsuit could be filed up to two years after the day of death.
There are also unique situations that may be judged on a case-by-case basis. For instance, let’s say you experienced back pain after a car accident and visited your doctor to help resolve the pain. After completing all of the recommendations, your back pain gets worse after the statute of limitations has passed. In this case, you may be able to bring your case to an Idaho car accident lawyer to see if there’s a possibility of filing a suit.
How an Attorney Can Help
The best thing you can do after a car accident is plan ahead. It’s entirely possible that a car insurance company will be able to resolve the matter to your satisfaction. However, if the carrier comes up short, it’s important to have a contingency strategy. When you know the statute of limitations, you can leave yourself plenty of time to gather all the information needed to file a lawsuit.
An Idaho car accident lawyer is there to help you put the pieces of the puzzle together. Because car accidents can be traumatizing, it’s rare for people to have the time or wherewithal to successfully argue their case. If you have questions or concerns about what happened to you, contact Craig Swapp & Associates for answers.