Hit-and-run Accidents in Idaho

Laws, penalties, and recovering damages after a hit-and-run crash in The Gem State

In-depth look at Idaho's hit-and-run laws, outlining driver duties, penalties for violations, and the rights of victims.

Hit-and-run crashes account for approximately 9 percent of all crashes in Idaho, according to the Idaho Transportation Department's Office of Highway Safety. 

As an Idaho resident, it's important to understand the state's hit-and-run laws, particularly if you've been injured in a hit-and-run crash. In this article, we will explore the legal aspects of hit-and-run accidents, including the various duties of drivers, penalties for violations, and the rights of victims.

What constitutes a hit-and-run in Idaho?

The term “hit-and-run” refers to an accident in which a driver involved in a collision leaves the scene without fulfilling their legal responsibilities under Title 49, Chapter 13 of the Idaho Code. These duties include:

1. Duty to stop: After a collision, drivers are required to immediately stop at the scene or as close to the scene as possible without obstructing traffic.
2. Duty to exchange information: Drivers involved in a crash must exchange their name, address, driver’s license number, vehicle registration, and proof of insurance with the other drivers involved in the crash (or the owner of the damaged property).
3. Duty to render aid: If someone is injured in the collision, drivers have a duty to provide reasonable assistance, such as calling for medical help or transporting the injured person to a medical facility.

Duty to report a motor vehicle accident in Idaho

In addition to the steps described in the preceding section, Idaho drivers are required to report a collision to law enforcement if the collision results in:

• Death,
• Injury, or
• Property damage exceeding $1,500.

Whenever the driver of a vehicle is physically unable to report such an accident, any occupant capable of doing so has a duty to report the accident.

Penalties for a hit-and-run in Idaho

The penalties for hit-and-run offenses vary depending on the severity of the accident. Here are the potential penalties under Idaho law:

Idaho hit-and-run penalties
Type of accident	Charge	Jail	Fine	License suspension
Property-damage only	Misdemeanor	Up to 6 months	Up to $1,000	Up to 1 year
Injury or death	Felony	Up to 5 years	Up to $5,000	1-5 years
Source: Idaho Code § 49-1301, § 18-8007

In addition to criminal penalties, hit-and-run drivers may face civil liability for the injuries and damages caused by the accident.

How to recover damages after a hit-and-run accident in Idaho

If the police are able to locate the hit-and-run driver, you can file an insurance claim with the at-fault driver’s insurance company or a personal injury lawsuit against the at-fault driver. 

Unfortunately, statistics show that only about ten percent of hit-and-run drivers are identified. 

If you’re unable to recover damages from the at-fault driver, your own car insurance company may be able to provide you with some relief.

In Idaho, the following types of insurance may provide coverage in the event of a hit-and-run:

• MedPay coverage. MedPay coverage provides coverage for medical expenses, regardless of who’s at fault. Whether or not MedPay covers hit-and-run accidents depends on your specific policy.
• Uninsured motorist (UM) coverage. UM coverage provides coverage for damages sustained as a result of an accident involving a driver who can’t be located.

Statute of limitations for hit-and-run accidents in Idaho

In Idaho, victims of a hit-and-run have a limited time to file a personal injury lawsuit against the perpetrator. The statute of limitations for personal injury claims in Idaho is typically two years from the date of the accident. If you fail to file your lawsuit within this time frame, you may lose your right to pursue compensation for your injuries and damages. 

There are some rare exceptions to the two-year statute of limitations, so it’s important to consult with an experienced personal injury attorney as soon as possible after your accident regardless of whether or not you believe the statute of limitations has run.

Steps to take after a hit-and-run accident

If you've been involved in a hit-and-run accident, taking the following steps can help protect your rights and improve your chances of receiving compensation:

1. Call the police: Report the accident immediately, providing as much information as possible, including the make, model, and color of the fleeing vehicle.
2. Seek medical attention: Even if your injuries don’t appear to be serious, it's a good idea to see a doctor as soon as possible. The symptoms of some serious injuries don’t appear until hours or even days after a crash. What’s more, documenting your injuries is important if you plan to file an insurance claim or personal injury lawsuit. 
3. Document the scene: Take photographs of the accident scene, your injuries, and any property damage. Collect contact information from any witnesses who may have seen the hit-and-run driver.
4. Notify your insurance company: Inform your insurance provider about the accident as soon as possible. In some cases, your insurance policy may cover your damages. Most insurers, however, will deny coverage if the accident isn’t reported in a timely manner.  
5. Consult a personal injury attorney: An experienced attorney can help you navigate the complex legal process, investigate the accident, and pursue compensation on your behalf.

Being a victim of a hit-and-run accident can be financially and physically devastating. Understanding Idaho's hit-and-run laws and your rights as a victim is critical in seeking the compensation you deserve. If you or a loved one has been involved in a hit-and-run accident, don't hesitate to contact an experienced personal injury attorney.