What is the Basis of a Motorist’s Insurance Claim?
In most accident cases, one party is usually at fault while the other is the victim. Before an injured victim can file an insurance claim, identifying the liable party is a crucial step. To do that, a lawyer must first determine that they were negligent. To do this, they will consider the following elements of negligence:
- Duty of care – the motorist who hurt the victim owed them a duty of practicing safe driving on the roadway.
- Breach of duty – the motorist failed to act in a reasonably safe manner while opening their vehicle.
- Causation – because of the motorist’s negligence, the victim was hurt or lost valuable property in a crash.
- Damages – the victim suffered significant losses because of the collision.
When a Boise lawyer establishes the presence of these elements, they can then proceed to file a motorist insurance claim on behalf of the injured plaintiff with the at-fault party’s insurance provider.
Insurance Laws for Motorists in Idaho
According to Idaho insurance laws, motorists must carry a minimum insurance coverage of $25,000 for each victim’s bodily injury, $50,000 for each instance of auto crash, and $15,000 for property damage.
Additionally, insurance carriers are required to provide insurance policies that provide a minimum of $25,000 of uninsured and underinsured motorist coverage per person coverage, and $50,000 per accident policy limit for car wrecks involving drivers without insurance or those who are underinsured unless rejected in writing.
The UM/UIM coverage provides injured victims in Boise the specified amounts if they get into an accident with drivers who lack adequate insurance coverage.
Parke Gordon won a landmark decision before the Idaho Supreme Court when it argued that minimum limit UIM policies are illusory if they include an offset. The case resulted in millions of dollars of insurance recoveries for Idaho insurance consumers.
Crucial Elements of a Successful Injury Claim Filing
Apart from identifying who is responsible for the car accident, other factors can contribute to a claimant’s capacity to recover full compensation for their injuries. These include:
- Collecting adequate evidence
- Establishing the severity of the claimant’s injuries
- Keeping all relevant medical documentation, including hospital bills, receipts, invoices, etc.
- Seeking medical help quickly
- Filing the claim on time
- Retaining experienced legal representation
Lastly, the injured victim’s role in the crash may be a point of consideration. This is due to Idaho’s modified comparative fault doctrine, which allows accident victims to recover some compensation, provided they were less than 50 percent liable for the crash.
However, while the law does allow recovery, the amount they receive as compensation may be impacted by their degree of culpability. For instance, if the court awards a plaintiff with a $100,000 settlement, but they had a 30 percent responsibility, they will only receive $70,000.
