If your case is settled with the bad guy’s insurance company, (and most do settle without a trial) Idaho law gives you the right have your own insurance company share the cost of legal representation you obtained to help you. Your own insurer usually has a claim of some sorts for amounts it paid on your behalf due to the bad guy’s negligence that hurt you. These can be “subrogation claims” or “reimbursement claims. ” They exist because your health insurance company or your medical payments or PIP coverage from your auto insurance paid some medical bills. The scope of the claims is governed by the insurance contract at issue. Idaho recognizes the common-fund doctrine and, in many cases, does not allow an insurance company to take a free-ride and make you pay the costs incurred in recovering your insurer’s money from the Bad Guy just because you hired a lawyer to help you get a fair recovery.
A series of cases from the Idaho Supreme Court referred to as Wensman, Boll, Sieniger, and Lopez create a pretty complex arena for recovering the fair share of attorney fees and you need an experienced attorney to protect your interests (and pocketbook). Given what the Court has done to the law in this area, losing that right is pretty easy. As of now, the critical issue in determining whether your insurer is required to reimburse those attorney fee costs to you is the finding that the insurer “accepted the benefits” of your efforts. That may sound easy but there are many open issues that we see that the Court is as yet unaware of regarding this issue.
The lawyers at Holzer Edwards Chartered are skilled at making sure your claim is in a posture that maximizes the potential for a fair sharing of costs between your insurer and you. In the end, this means more money in your pocket to help you deal with the harms and losses that the bad guy imposed on your life.
With a combined 40 years experience, we help people deal with this issue, and many others, across Southern and Western Idaho. Ultimately its just about making sure our clients are treated fairly by the insurance companies and the legal system. Call us with any questions about your Idaho injury claim arising from your car crash, accident or collision. The initial consultation is always free.
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