Being in a car accident can be scary and stressful. If this is the first time you have been involved in an accident, you may not know what to do. Having a basic understanding of the accident laws in Idaho can help you determine the answer to should I get a lawyer after an auto accident. Before deciding what to do next, read a little more about the law.
Should I Contact a Lawyer After an Auto Accident in Idaho?
Yes, it is always the answer to the question should I get a lawyer after an auto accident? Contacting a lawyer specializing in car accidents is always in your best interest. If you plan to file a claim, you need a lawyer. If the assistance of a lawyer, you will receive a larger settlement. The insurance company is used to working with lawyers, and they know that when someone is not represented, they can settle for less. Not every car accident case goes to court. Either way, your attorney will have to negotiate a settlement that you can agree to. Your attorney can determine if the case must go to court.
Should I Report My Accident To The Police?
When you are involved in an accident in Idaho, you must report the accident to the police if there is death or injury to a person. You must also report the accident if there is damage to property that is over $1,500. Chances are you may not know if the damage is over $1,500. If the accident is bad, you can probably tell if the damage is over $1,500. However, if it is a minor accident, you may not know how much damage there is. To be safe, you should report the accident. You should also stop your vehicle, pull over at the scene, and wait there until the police arrive. The law requires you to do this if someone is injured or killed, but it is a good idea to do it regardless. If you are thinking should I get a lawyer after an auto accident, the answer is yes. This is especially true if there has been an injury to someone or damage to someone else’s property. Keep in mind that a vehicle is considered someone else’s property.
If you do leave the scene of the accident, this is considered a hit and run misdemeanor. You have just made the situation substantially worse if you leave the scene. It is always best to pull over in a safe place and wait for the police to arrive. In addition to it being the law, when the police arrive, they can provide you with documentation that can be helpful during the claims process. This document includes details about the accident, including who was ticketed and at fault.
When Should I Get A Lawyer?
You are probably not only wondering should I get a lawyer after an auto accident but also when should I get a lawyer. It is in your best interest to secure an auto accident attorney right away after the accident and before you talk to the insurance company. It is important to remember that the insurance company is not on your side. The insurance company wants to protect their own interests and pay out as little in a settlement as they can get away with doing.
It is best that you let your lawyer talk to the insurance company and negotiate for you. If you talk to them, you may say something that works against you later on. Many details can dictate how much you receive in a settlement. These details include where the accident occurred, the damages that resulted, and where the involved parties live. There are no negatives to talking to a lawyer. Most often, they provide you with a free consultation to talk through the details of your case. They will want to understand what happened so they can determine how much help they can provide to you. They will be able to tell you if they can help you or not. Many lawyers do not get paid until you receive a settlement. This makes it in their best interest to see that you do. Even when you talk to the lawyer for the first time, it does not mean you have to hire them or pay them anything at all.
How Long Do I Have To Report An Accident?
When you have been injured in a car accident, you may ask yourself should I get a lawyer after an auto accident? If you are asking the question, then the answer is most likely yes. There are some timeframes and laws in which you should be aware when it comes to reporting an accident in Idaho. For most accidents in Idaho, you must file a claim within two years of the date of the accident. You also have two years from the date of the accident to agree to some settlement. If there was any property damage as a result of the accident, the timeframe extends to three years. If your vehicle or other property was damaged, you have three years from the date of the accident to file a claim. When you wait too long to file your claim, a judge can dismiss it and throw it out of court. This means that you have no hope of receiving a settlement for your injuries. Therefore, it is in your best interest to contact a lawyer right away after an accident. This ensures that you will meet the deadlines for filing and reaching a settlement.
What Is The Statute Of Limitations?
When considering should I get a lawyer after an auto accident, there are some details about the timeframes of which you should be aware. The statute of limitations is the law that enforces the time limit on your right to file a lawsuit. The timeframe is based upon the injuries sustained in the accident. Please be aware that this claim is not the same as filing a claim with your car insurance company. A claim with a car insurance company is an indication that there was an accident and there may be an automotive service as a result. The statute of limitations is specific to your ability to file a lawsuit as a result of your car accident injuries and the resulting need for rehabilitation services or other medical problems.
Idaho state law gives you two years to request the civil courts to award you damages as a result of an injury you sustained from a car accident that was someone else’s fault. You can file this claim whether you were driving the damaged car, the passenger, a pedestrian, cyclist, or motorcyclist. The two-year clock begins on the day of the accident. This same time of claim can be filed by a family member of someone that was killed in the car accident. These are considered wrongful death claims and must be filed within two years. However, the clock on these claims begins with the date of death, which may not be the same as the date of the accident. This deadline is extended another year to three years when the accident includes damages to personal property, which could be anything from bumper repairs, auto mats replacements to more severe damages.
Is Idaho A No-Fault State?
When thinking about should I get a lawyer after an auto accident, it is critical to understand that Idaho is not a no-fault state. This means that Idaho uses a fault-based statute for insurance. As a result, when someone is a victim of a car accident, they must bring their claim to the insurance company of the person that was at fault. This is when it is helpful to have the report from the police because it indicates who was at fault for the accident. The driver with the most responsibility for the accident is also the person who would be financially liable for any damages.
A lawyer can help you understand the details of the police accident report. They can also help you know the cause of the accident. While it makes sense that the other driver is always a fault, that may not be the case. There could be a defect in the vehicle that caused the accident. There could be something that caused the roadway to be dangerous, which may have caused the accident. The lawyer reviews all the details with you to determine who exactly is at fault.
What Is Comparative Negligence?
When thinking about should I get a lawyer after an auto accident, you should understand everything about the law in Idaho. Comparative negligence, or comparative fault, is when more than one person is at fault for at least some part of the accident. This means that during the course of an accident, it is decided how much responsibility each person has in the accident. This percentage of fault impacts your settlement amount. An example of this is if you are driving over the speed limit, but someone suddenly cuts you off, you both have some percentage of fault. Even though the other person hit you because you were not obeying the speed limit, you have some amount of fault. If it is determined that you were 15% at fault, then your settlement is reduced by 15% because that is your share of the responsibility. An attorney can help you understand this process and navigate the system when compensation is being awarded.
How Can A Lawyer Help You?
When you are deciding should I get a lawyer after an auto accident, it is helpful to know exactly what a lawyer can do to assist you. A personal injury attorney gathers the evidence from the accident and presents the details to a judge or insurance company. An attorney finds details and information you may have missed and uses that to negotiate a settlement. When you receive reimbursement for money you paid, like to have Audi repair work, you receive back the exact amount you paid. However, an attorney negotiates a settlement for pain and suffering. Your lawyer protects your rights and ensures that you are fairly compensated for your injuries and damages. Remember, insurance adjusters, start with the lowest possible amount because they protect their bottom line, which involves money. The auto insurance company may argue that you could work or that you paid too much for services at the auto dealership. Your lawyer works through those negotiations for you.
What Kind Of Settlement Can I Expect?
When thinking about should I get a lawyer after an auto accident, it is natural to want to know what kind of settlement to expect. The exact amount of a settlement is hard to determine until the facts of the case are calculated. There are some common factors used to determine a settlement amount. These include how did the accident happen? What types of injuries were sustained? Your insurance policy plays a role in your settlement to some degree also. No two accidents are alike, making it difficult to say a settlement would be this much. All of the details are important and must be reviewed first.
Accidents are scary and can potentially leave you with permanent damages. It is helpful to understand the answer to should I get a lawyer after an auto accident soon after the accident occurs. You may want to consider contacting an auto accident lawyer before you do too much else, including handling things like RV repair. You should always report the accident and receive medical attention first. After that, the next consideration should be contacting a lawyer to help you understand this process.
