Being involved in a car accident is stressful enough. Learning that the other driver does not have insurance can make the situation feel overwhelming and unfair. Unfortunately, uninsured drivers are more common than many people realize, even though Idaho law requires drivers to carry minimum liability insurance.
If you are hit by an uninsured driver in Idaho, you may still have options for recovering compensation. Understanding how these situations are handled can help you take the right steps and protect your financial well-being.
Idaho Is a Fault-Based State
Idaho follows a fault-based insurance system. This means the driver who caused the accident is legally responsible for the damages. In a typical case, the at-fault driver’s insurance would pay for medical bills, vehicle repairs, and other losses.
When the at-fault driver has no insurance, however, collecting compensation becomes more complicated—but not impossible.
Uninsured Motorist Coverage May Apply
One of the most important protections in these cases is uninsured motorist (UM) coverage. While Idaho does not require drivers to carry UM coverage, insurance companies must offer it when you purchase a policy. Many drivers choose to include it without fully realizing how valuable it can be.
If you have uninsured motorist coverage, you may be able to file a claim with your own insurance company to recover compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
UM claims still require proof that the other driver was at fault and that your injuries were caused by the crash. Even though the claim is with your insurer, disputes can still arise over fault or the value of your damages.
Using Other Parts of Your Insurance Policy
Depending on your coverage, other portions of your policy may also help:
- Collision coverage may pay for vehicle repairs, regardless of who caused the accident.
- Medical payments coverage (MedPay) can help cover medical bills up to the policy limits, often without regard to fault.
These benefits can provide quicker access to funds while liability issues are being sorted out.
Can You Sue an Uninsured Driver?
Yes, you can file a personal injury lawsuit against an uninsured driver. However, this option is not always practical. Many uninsured drivers lack the financial resources to pay a judgment, even if you win your case.
Before pursuing litigation, it is important to evaluate whether the driver has income or assets that could realistically be used to satisfy a court award. An experienced attorney can help assess whether a lawsuit makes financial sense in your situation.
What If You Are Partially at Fault?
Idaho follows a modified comparative negligence rule. You may still recover damages as long as you are less than 50% at fault, but your compensation will be reduced by your percentage of fault.
For example, if you are found 20% responsible for the accident, your recovery would be reduced by 20%. This rule applies even when dealing with uninsured motorist claims.
Why Documentation Matters
When insurance is already missing, strong evidence becomes even more important. After an accident, try to:
- Call law enforcement and obtain a police report
- Document the scene and vehicle damage
- Gather witness contact information
- Seek medical care promptly
These steps can help support your claim and reduce disputes over what happened.
How Bendell Law Firm PLLC Can Help
Uninsured driver cases often involve navigating insurance policies, coverage disputes, and complex liability questions. At Bendell Law Firm PLLC, we help injured Idaho residents understand their options, pursue available insurance benefits, and fight for fair compensation.
If you were hit by an uninsured driver and are unsure what to do next, contact Bendell Law Firm PLLC to discuss your case and learn how we can help you move forward with confidence.