A statute of limitations is a law made by the state that governs a strict time limit on how long a person has to file a lawsuit for their case. If a person gets into a car accident, the statute of limitations in Idaho mandates they have only two years, starting from the date of the accident, to make their legal claim. If a person suffered property or vehicle damage, then they have three years starting from the date of the accident. It is essential to note that this statute of limitations only applies to filing legal car accident claims, and not for filing insurance claims.
Every driver is expected to inform their insurer as soon as possible after the accident, and this should not take more than a few days. Even though a person is required to inform their insurer right away, they should not make the mistake of rushing ahead and agreeing to a settlement amount without first having a qualified attorney assess the offer made by the insurer.
An accident attorney can help a person communicate with the insurer with the correct legal references, so the company is compelled to give a person the full amount they deserve. Insurers are expected to act in good faith and give a person their total deserved amount when they are hurt in a car accident, however, this often does not happen.
In many cases, if an insurer feels like they can get away with paying a person a lot less reimbursement than what they are entitled to, they will go ahead and attempt it because of how profitable it is for them. If a person has a lawyer representing them, they can avoid being taken advantage of because their insurer will let them know if they are being offered a fair amount or not based on their insurance policies and the laws of the state.
Missing the Statute of Limitations for a Car Accident Claim in Boise, Idaho
If a person misses the statute of limitations for their car accident claim, the defendant, or the person who is being claimed against, will simply point out the missed deadline and file a motion to dismiss the claim. In most cases, the court in Idaho will grant the dismissal. However, there are some exceptional cases in which the statute of limitations can be extended.
Get in touch with an accident attorney at the Law Office of Johnson and Lundgreen to see if a person is eligible to make a claim despite missing the statute of limitations and to explore other legal avenues available to help them pay for their damages.
Reach us at:
Johnson and Lundgreen
2541 E Gala St, Ste. 210
Meridian, ID 83642
NAMPA – BY APPOINTMENT ONLY
7610 Southside Blvd
Nampa, ID 83686
BOISE – BY APPOINTMENT ONLY
250 S. 5th St., Suite 300
Boise, ID 83702