Boise Car Accident Attorney

Two years from the date of the crash, under Idaho Code §5-219. Wrongful death claims also generally follow a 2-year statute. Certain exceptions can shorten or extend the period (claims against government entities have much shorter notice requirements), so do not assume you have the full 2 years until an attorney reviews your facts.

Idaho is a fault state. The driver who caused the crash (or that driver’s insurance) is responsible for the resulting damages. Idaho does not use a no-fault system, and drivers are not required to carry personal injury protection (PIP). You can pursue the at-fault driver’s policy, your own UM/UIM coverage if they were uninsured or underinsured, and a civil suit if the insurance limits do not cover the loss.

Your own UM/UIM (uninsured / underinsured motorist) coverage typically applies. Idaho insurers must offer UM/UIM coverage with every auto policy, although it can be rejected in writing. We pull every applicable policy in the household and stack coverage where the policy language allows, which often unlocks more compensation than people expect.

There is no reliable “average.” Settlement value depends on the severity of injury, available insurance limits, medical bills, lost wages, the comparative-fault split, and whether punitive damages apply. Minor-soft-tissue settlements may resolve under five figures, while catastrophic-injury or wrongful-death cases can reach seven and eight figures. A free case evaluation gives you a realistic range for your specific case.

No. Adjusters are trained to ask leading questions and record statements that minimize the carrier’s exposure. You are not legally required to give a recorded statement to the other driver’s insurance. You should report the basic facts to your own insurer (most policies require it) and then route any further communication through an attorney. A 15-minute call with us is free and tells you exactly what to say.

Yes, as long as you are less than 50% at fault. Under Idaho Code §6-801, your recovery is reduced by your share of fault. For example, if you suffered $100,000 in damages and were 20% at fault, you recover $80,000. If a jury or insurer puts you at 50% or more, you recover nothing under Idaho law. Insurers often try to assign 20-40% of the fault to the injured driver, so pushing back on that percentage is one of the most important parts of the case.

Boise PD or Ada County Sheriff crash report, photos from the scene, medical records and bills (St. Luke’s, Saint Alphonsus, urgent care, follow-up), pay stubs or tax returns showing lost income, all insurance correspondence, your auto insurance declarations page (we look for UM/UIM), and any text messages or emails from the other driver. Our office requests most of this directly so you do not have to chase it.

Most Idaho car accident cases settle without a trial. Insurers settle when the evidence is strong, medical proof is complete, and the lawyer is credibly prepared to file in Ada County District Court. The cases that go to verdict usually involve disputed liability, large medical bills relative to policy limits, or punitive-damages exposure (DUI, reckless driving).

Goldberg & Loren handles every car accident case on a contingency fee basis. You pay nothing up front. Our fee comes from the recovery only if we win. Initial consultations are free and confidential. We advance the case costs (records, experts, filing fees) and are repaid out of the recovery.

A wrongful death claim can be brought under Idaho Code §5-311 by the personal representative of the estate on behalf of the surviving spouse, children, and other statutory heirs. Damages include lost financial support, loss of companionship, funeral and burial costs, and the decedent’s pre-death pain and suffering. The 2-year statute applies.