Idaho car crash: Quick recap of proportional comparative fault rule
Car accidents are unpredictable, unfortunate, and often devastating. The impact of a crash may vary, but when you have endured injuries, your immediate focus should be on recovering sooner. From the accident site, call 911 to get medical assistance for the injured. Idaho also requires drivers to report an accident when there is death, injury, or substantial property damage. If property damage is estimated at $1,500 or more, you should report the crash separately if no police officer visited the crash site.
There’s one big question that people have in mind – “Can I claim compensation for my injuries from the other party, provided that Idaho is a fault state?”. Your best bet would be to get help from an Idaho car accident attorney. In this post, let’s discuss the proportional comparative fault rule in the state.
When you are at fault
If you have a share in fault, your settlement will be lower than what is awarded for the damages. The insurance company or court will use the proportional comparative fault rule to determine what you get for the losses. If you are more at fault than the driver you are suing, you cannot recover anything. This is also called the “modified comparative fault” rule. Some states follow a variation of the proportional comparative fault rule, called the “pure comparative fault” rule, where someone can seek compensation even when they are more than 50% at fault. That’s not true in Idaho.
Understanding your settlement
The proportional comparative fault rule will determine what you get in a settlement. For instance, if you were slightly over the speed limit at the time of the accident, your fault share may not be high. It also depends on the facts of the case. When a reckless drunk driver rams into your car, your fault share could be lower than that of the other party. If your fault share is 30% and you are given $10,000 in a settlement, you will eventually get 70% as the final compensation, which is $7,000.
Call an attorney
Insurance companies often rely on the other party’s fault to deny claims or may even restore to bad faith insurance tactics. If you believe that you could have been at fault for the accident, call an attorney immediately and get advice for your case. Your lawyer can help determine the worth of your claim, depending on the initial investigation and your contribution to the fault.