Idaho Motor Vehicle Accident Rules & Laws

Insurance Requirements

System type: Idaho operates under a traditional fault-based insurance system, meaning the at-fault driver’s insurance is responsible for covering damages after an accident.

Minimum coverage requirements: Idaho law requires all drivers to carry minimum liability insurance, including:

• $25,000 for bodily injury liability per person
• $50,000 for bodily injury liability per accident
• $15,000 for property damage per accident

Uninsured/underinsured motorist (UM/UIM) coverage: While not mandatory in Idaho, UM/UIM coverage is highly recommended. It protects you and your passengers if the at-fault driver is uninsured, underinsured, or involved in a hit-and-run. Coverage is typically offered at the same limits as your bodily injury liability.

Medical Payments (MedPay) coverage: While not mandatory in Idaho, UM/UIM coverage is highly recommended. It protects you and your passengers if the at-fault driver is uninsured, underinsured, or involved in a hit-and-run. Coverage is typically offered at the same limits as your bodily injury liability.

Penalties for non-compliance: Driving without insurance in Idaho can result in registration suspension after two months of non-coverage, a $75 reinstatement fee, and the potential requirement to file an SR-22. Repeat violations can lead to fines of up to $1,000 and six months of imprisonment.

Rideshare drivers: Idaho imposes additional insurance requirements for rideshare drivers:

• Logged into the app, no ride accepted:
  • $50,000 bodily injury per person
  • $100,000 bodily injury per accident
  • $25,000 property damage per accident
• Ride accepted or passenger on board: Rideshare companies like Uber and Lyft provide $1 million per accident in liability coverage, $1 million in UM/UIM coverage, and comprehensive and collision coverage with deductibles up to $2,500

To avoid gaps in protection, rideshare drivers should verify that their personal auto insurance policy does not exclude coverage during rideshare periods.

Optional coverages: While not required by Idaho law, these additional coverages can enhance protection:

• Collision coverage: Covers vehicle damage regardless of fault
• Comprehensive coverage: Covers non-collision-related damages, such as theft, vandalism, or natural disasters
• Gap insurance: Covers the difference between your car’s loan or lease balance and its actual cash value if totaled
• Rental reimbursement: Covers the cost of a rental vehicle while repairs are made

Fault Laws

Modified comparative negligence in Idaho

Idaho follows a modified comparative negligence system. This means injured parties can recover damages only if their percentage of fault is less than 50%. However, compensation is reduced based on their share of fault. For instance, if a claimant is found to be 20% at fault in an accident with $10,000 in total damages, they can recover $8,000. If their fault reaches 50% or more, they are barred from recovering any damages.

Multi-vehicle collisions

In accidents involving multiple parties, fault is allocated proportionally among all drivers. Each party’s recovery is reduced by their percentage of fault, as determined by evidence or court proceedings.

Special considerations for passengers

Passengers injured in a car accident may file claims against any at-fault driver, whether it’s the driver of their vehicle or another involved party. Compensation may be adjusted if the passenger’s actions, such as not wearing a seatbelt, contributed to their injuries.

Statute of Limitations

Personal injury claims: In Idaho, individuals have two years from the date of a car accident to file a personal injury lawsuit. This includes claims for medical expenses, lost wages, and pain and suffering.

Property damage claims: For claims involving property damage, such as vehicle repairs, the statute of limitations extends to three years from the accident date.

Wrongful death claims: If a car accident results in a fatality, family members or representatives have two years from the date of death to file a wrongful death lawsuit.

Claims involving minors: If the injured party is a minor, the statute of limitations may be paused until they turn 18, after which the standard filing deadlines apply.

Government claims: Claims against government entities for accidents involving government vehicles may have shorter deadlines and specific notice requirements. It is essential to consult with an attorney promptly to ensure compliance.

Accident Reporting Requirements

When to report an accident

In Idaho, you are legally required to report a motor vehicle accident to law enforcement if any of the following conditions are met:

• Injury or death: If anyone involved in the accident is injured or killed
• Property damage: If the damage to property exceeds $1,500

Drivers should contact the local police department if the accident occurs within city limits. For incidents outside city limits, notify the county sheriff’s office or the Idaho State Police (ISP). Failing to report an accident that meets these criteria can result in legal penalties, including fines, potential license suspension, or misdemeanor charges.

Moving vehicles after an accident: Idaho law encourages drivers to move vehicles to a safe location, such as the shoulder or emergency lane, if there are no severe injuries and it is safe to do so. Moving a vehicle does not imply fault and helps prevent additional accidents.

Filing accident reports

If law enforcement does not respond to the scene or file a report, it becomes the driver’s responsibility to document and report the accident. To do this:

• Notify law enforcement if the accident meets the reporting criteria. You would contact the local police department if within city limits, or the county sheriff’s office if outside city limits, to report the accident
• If law enforcement does not file a report, you must complete the Traffic Accident Report within ten days of the accident. The form can be obtained online from the Idaho Transportation Department’s Forms Index or at your local sheriff’s office
• After completing the form, submit it to the Idaho Transportation Department as instructed on the form, and retain a copy of the completed report for your records

How to access accident reports

Accident reports are essential for supporting insurance claims and legal proceedings after a car accident. In Idaho, you can obtain copies of your accident report through the following methods:

Online: You can request an Idaho vehicle crash report through the Idaho Transportation Department (ITD) Highway Safety Section, which will direct you to an online ITD form. A fee of $7, plus an additional transaction fee, typically applies for online requests. Reports may take several weeks to process and upload, depending on the investigating law enforcement agency.

In-person: You can visit the local police department, county sheriff’s office, or ISP office where the accident occurred to obtain a copy of your report. Make sure to bring proper identification, accident details (e.g., date, location), and any fees required by the specific agency.

By mail: You would submit a written request to the law enforcement agency that investigated the crash. Include the full names of involved parties, the date and location of the accident, the report number (if available), and a check or money order for the required fee (contact the agency for exact amounts). For accidents investigated by the ISP, visit their Crash Report Requests page.

Accident reports are typically available 3-10 business days after the incident, depending on the processing speed of the investigating agency. Idaho retains accident records for several years, allowing you to request reports well after the event.

Additional considerations

Repair shop reporting: Idaho requires repair shops to report vehicles with damage exceeding $1,500 to law enforcement.

Private property accidents: Incidents on private property may not require a police report but should still be documented for insurance purposes.

Compensation Limits

Economic damages: Idaho does not impose caps on economic damages, allowing victims to recover the full extent of their measurable financial losses. These damages cover expenses such as medical bills, lost wages, loss of earning capacity, property damage, and other out-of-pocket costs directly related to the accident.

Non-economic damages: Idaho capped non-economic damages at $250,000, which is adjusted annually for inflation. As of July 2024, this limit is approximately $490,512.33. Non-economic damages address intangible losses, including pain and suffering, emotional distress, diminished quality of life, and mental anguish. Exceptions to this cap exist if the defendant’s actions are deemed reckless, willful, or beyond a reasonable doubt constitute a felony.

Punitive damages: Punitive damages in Idaho are intended to punish egregious behavior, such as gross negligence or intentional misconduct. These damages are capped at the greater of $250,000 or three times the total compensatory damages. Courts award punitive damages sparingly, often requiring clear evidence of willful or malicious conduct.

Government claims: Claims involving government entities or employees are subject to a cap of $500,000 for total damages unless the government carries higher liability insurance. This limit applies regardless of the number of injured parties.

Medical Coverage Considerations

In Idaho, understanding your medical coverage options after a car accident is essential to manage expenses and access necessary treatment. Various insurance options, payment plans, and legal provisions can help alleviate the financial burden while you recover.

Liability insurance: Idaho operates under a fault-based insurance system, meaning the at-fault driver’s insurance is responsible for compensating the injured party. Minimum liability coverage requirements are $25,000 per person and $50,000 per accident for bodily injuries. However, this compensation is often delayed until fault is determined and claims are resolved.

Health insurance: Your health insurance typically covers accident-related medical expenses, including hospitalization, surgeries, and rehabilitation. However, health insurance serves as secondary coverage in Idaho. If you have Medical Payments (MedPay) coverage on your auto insurance policy, those benefits must be exhausted before health insurance steps in.
Advantages of health insurance include discounted rates negotiated with healthcare providers and protection from accruing interest on unpaid bills. However, insurance subrogation rules may require you to repay your insurer from any settlement received.

Medical Payments Coverage (MedPay): MedPay is an optional add-on available in Idaho auto insurance policies. It covers medical expenses, regardless of fault, for drivers, passengers, and sometimes pedestrians or cyclists involved in the accident. MedPay acts as primary coverage in Idaho and typically applies to ambulance fees, emergency room visits, surgeries and rehabilitation, and funeral expenses in fatal cases.
MedPay limits vary by policy, and benefits are often capped at amounts ranging from $1,000 to $10,000. Policies differ on whether MedPay follows you across vehicles or covers injuries as a pedestrian or cyclist.

Government assistance programs: Eligible individuals may rely on Medicare or Medicaid for medical expenses. These programs provide immediate financial relief but require repayment if you receive a settlement. Navigating repayment through government programs involves strict compliance with federal regulations.

Uninsured/underinsured motorist coverage (UM/UIM): If the at-fault driver lacks adequate insurance, UM/UIM coverage under your policy can provide critical support. It covers medical bills and other damages up to the policy limits, ensuring you are not left to shoulder the financial burden.

Medical Liens and letters of protection: In cases where insurance is insufficient, healthcare providers may file medical liens, allowing them to recover expenses directly from your settlement or court judgment. Alternatively, attorneys can issue letters of protection, promising payment to providers once your case is resolved.

Additional considerations:

• Payment plans: If no coverage is available, you may need to pay medical bills out-of-pocket. Flexible payment plans offered by providers or community resources, such as charitable clinics, may provide relief
• Subrogation and reimbursement: Whether using private health insurance or government assistance, most programs require repayment from any settlement or award. Understanding subrogation rules and negotiating repayment can significantly impact the final amount you retain

Unique Local Factors

Weather and road conditions: Idaho’s diverse geography and seasonal weather patterns play a significant role in road safety and accident risks. Winter conditions, particularly in northern and mountainous areas, frequently bring heavy snow, icy roads, and reduced visibility, increasing the likelihood of accidents. Mountain passes, like Lookout Pass and Galena Summit, can become treacherous during snowstorms, while lower elevations may experience black ice, especially on bridges and shaded roads.

Spring and fall often bring rain, leading to slippery road conditions and the potential for hydroplaning. Sudden weather changes, such as windstorms or fog in regions like the Treasure Valley, further challenge drivers. To navigate Idaho’s variable weather safely, drivers should ensure vehicles are equipped with snow tires or chains in winter, maintain proper tire tread, and remain vigilant during adverse conditions.

Traffic patterns: While Idaho’s urban centers, such as Boise, experience moderate congestion, traffic is generally less intense than in larger metropolitan areas. However, holiday travel and weekend traffic to recreational areas like Sun Valley, Coeur d’Alene, and Yellowstone National Park can cause delays and increase accident risks. Construction projects, particularly during the summer, may create temporary bottlenecks on major highways such as I-84 and I-90.

Tourism and seasonal travel: Idaho’s natural beauty attracts significant tourism, particularly in summer and fall, with visitors flocking to destinations like Craters of the Moon, Sawtooth National Forest, and the Snake River Canyon. Increased traffic around these areas, including RVs and campers unfamiliar with local roads, contributes to heightened accident risks. Seasonal travel during hunting, skiing, and rafting seasons also impacts rural road safety.

Wildlife hazards: Collisions with wildlife, such as deer, elk, and moose, are a notable concern in Idaho, particularly on rural and forested roads. These incidents are most common during dusk and dawn, and drivers are advised to reduce speeds and stay alert in areas marked with wildlife crossing signs.

Pedestrians and cyclists: Outdoor recreational culture contributes to higher numbers of pedestrians and cyclists, especially in cities like Boise and on popular trails such as the Boise River Greenbelt. Drivers should exercise caution near bike lanes, crosswalks, and recreational areas to minimize collision risks.

Local Resources & Contacts

State agencies:

• Idaho Transportation Department (ITD): Offers information on road conditions, crash reporting, and traffic updates 
  • Website: itd.idaho.gov
  • Phone: (208) 334-8000
• Idaho Department of Insurance (DOI): For auto insurance regulations and consumer assistance
  • Website: dot.ga.gov 
  • Phone: (404) 631-1990

Idaho State Police (ISP): Provides accident reporting, traffic enforcement, and public safety resources.

• Website: https://isp.idaho.gov  
• Phone: (208) 884-7000

Legal assistance: Consulting an Idaho personal injury attorney is highly recommended for navigating the complexities of accident claims. An attorney can assist with determining liability, pursuing compensation for medical bills and damages, and ensuring compliance with deadlines such as the statute of limitations. Many personal injury attorneys in Idaho offer free consultations to evaluate your case.