Idaho law requires all drivers to have insurance to cover accidents that are their fault. Unfortunately, not all drivers follow the law. If you are in a car collision with one of those uninsured drivers, there are a few options open to you for recovering the losses.
Use Uninsured Motorists Insurance You Bought
We tell people all the time to buy as much uninsured motorists coverage as they can afford. It is the fastest and easiest way of recovering for at least some of the damages an uninsured river imposes upon you. In Idaho this coverage is optional. If you have not chosen it before, we encourage you to do so immediately. You can protect yourself and your family time and money in the future.
Get Paid Directly by the At-Fault Driver
It would be perfect if an uninsured driver would just agree to pay you. However, a person who has enough money to pay you likely would be responsible enough to buy insurance coverage. As the old saying goes, you can’t get blood from a turnip. Over our many years of dealing with car injury cases we can count on 1 hand the number where an uninsured river actually paid something to the injured person directly.
based on the severity of the collision and the type of damages you might be able to get a judgment against the at-fault driver in small claims or civil court. Getting a judgment can be expensive and the driver in many cases can escape it by later going to bankruptcy court. We are happy to discuss this option with you to make sure you understand whether it makes sense for you to go down this path.
Special Judgment Enforcement by The Idaho Transportation Department
If you do get a judgment against a driver for personal injury or property damages in a collision, and the uninsured driver does not pay, Idaho law has some special enforcement provisions. You go to the Idaho Department of Transportation and file a certified copy of the unpaid judgment. It will issue an Order of Intent to Suspend to the driver. The ITD can suspend the driver’s license and driving privileges until the judgment is paid or an agreement on payment agreement is signed. The driver then has to prove they have a current proof of financial responsibility (basically that they are insured). The driver also has to pay the state a reinstatement fee.
Dealing with the aftermath of a collision caused by an uninsured motorist is can be a huge headache. Call us for help in dealing with you claim. We help people throughout Idaho.