Car insurance claim rules in Idaho

The clock on an Idaho claim

Section 41-1329 of the Idaho Code lists unfair claim settlement practices. Two of them set the pace of a claim: failing to acknowledge and act reasonably promptly on communications about claims, and failing to affirm or deny coverage within a reasonable time after proof of loss statements have been completed. The section names no number of days.

Because the 30-day period runs from proof of loss, send a complete proof of loss as early as you can and keep a dated copy. If an answer is slow, ask in writing what the insurer still needs. Our page on claims that drag on shows how to keep a log and follow up.

The 30-day attorney's fee rule

Section 41-1839 is the strongest timing rule in Idaho's claim law. If an insurer fails for 30 days after proof of loss to pay the amount justly due under the policy, a court can order it to pay your reasonable attorney's fees in a lawsuit to recover that amount. For uninsured and underinsured motorist benefits the period is 60 days.

• It starts with proof of loss. Ask the insurer what form of proof it needs and send it in writing.
• It is about the amount justly due. A real dispute over the value can still end up in appraisal or in court.
• Uninsured motorist claims get 60 days. The longer period applies to uninsured and underinsured motorist benefits, paid when the at-fault driver has no insurance or too little.

Whether the fee rule fits your case depends on the facts, so talk to a licensed Idaho attorney before you rely on it.

When an Idaho car is a total loss

Idaho sets no repair percentage. The Idaho Transportation Department describes a salvage vehicle, under Section 49-123 of the Idaho Code, as one whose cost of parts and labor, minus its salvage value, makes it uneconomical to repair, and for which an insurer has paid a total loss settlement. That is the insurer's own formula, not a fixed share of the car's value.

The settlement should be the car's actual cash value before the crash, less your deductible. What to check in the valuation is in our guide to total loss claims.

Reporting an Idaho crash

Section 49-1305 requires the driver to notify law enforcement immediately when a crash injures or kills someone or damages the property of any one person by more than $1,500.

Drivers don't file a separate written report with the state. Under Section 49-1306, a law enforcement officer who investigates a crash submits a written report within 24 hours after finishing the investigation. Ask for the officer's name and the report number; your insurer will want them.

Fault, deadlines to sue and complaints

Idaho is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the damage. Under Section 6-801 you can recover only if your negligence was not as great as the other side's, so a 50% share bars recovery, and any award drops by your share. Section 5-219 gives two years to sue for an injury, and Section 5-218 gives three years for damage to personal property such as your car.

1. Ask the insurer in writing for the reason for a denial or a low offer and the policy language it relies on.
2. Call the Idaho Department of Insurance consumer hotline at 1-800-721-3272.
3. File an insurance complaint on the department's website; our guide to insurance department complaints shows what to include.

Questions people ask