What to do after a car accident in Idaho
Every rule below is quoted from Idaho law or a state agency, with a link. Checked September 17, 2026.
At fault state
The short answer
Idaho is an at-fault state. The driver who caused the crash and that driver's insurance are responsible for paying the other person's injuries and damage. A driver must immediately report a crash to police if anyone was hurt or killed, or if the property damage to any one person is more than $1,500. You have 2 years from the crash to sue for your injuries.
Deadlines in Idaho
- 2 years
- to sue for injuriesIdaho Code 5-219(4)
- 3 years
- to sue for car or property damageIdaho Code 5-218(3)
- 2 years
- for a family to sue after a deathIdaho Code 5-219(4)
- 180 days
- to notify the government if a public vehicle or road was involvedIdaho Code 6-906
Miss one of these and you can lose the right to claim, even with a strong case.
At the scene
Stop, share your information and help anyone hurt
After a crash with injury or death, a driver must stop right away, stay at the scene, give their name, address, insurance and registration information, and help any injured person get medical care.
“Immediately stop the vehicle at the scene of the accident or as close thereto as possible ... Give his name, address, the name of his insurance agent or company if he has automobile liability insurance, and the motor vehicle registration number ... Render to any person injured in the accident reasonable assistance, including the conveying or the making of arrangements for the conveying of such person to a physician, surgeon, hospital or other medical facility”
When you must call the police
A driver must immediately report a crash to police if anyone was hurt or killed, or if the property damage to any one person is more than $1,500.
“The driver of a vehicle involved in an accident resulting in injury to or death of any person, or damage to the property of any one (1) person in excess of one thousand five hundred dollars ($1,500) shall immediately, by the quickest means of communication, give notice of the accident to the local police department if the accident occurs within a city, otherwise to the office of the county sheriff or the nearest office of the state police.”
Moving your car out of traffic
On a divided highway or interstate, if the cars are still drivable and moving them is safe, the law tells drivers to move them to the shoulder or median instead of leaving them in the road, and doing so does not make a driver more at fault for the crash.
“a stop as required by subsection (1) of this section shall be made by moving the vehicle into a safe refuge on the shoulder, emergency lane or median whenever such moving of a vehicle may be done safely and the vehicle is capable of being normally and safely driven ... The driver or any other person who has removed a motor vehicle from the main-traveled part of the road as provided in this subsection before the arrival of a law enforcement officer shall not be considered liable or at fault regarding the cause of the accident solely by reason of moving the vehicle”
In the days after
Whether you must file a report yourself
Idaho law does not require the driver to file a written crash report with the state. If a police officer investigates the crash, that officer must send a written report to the Idaho Transportation Department within 24 hours. A repair shop that takes in a damaged vehicle must also report it within 48 hours.
“Every law enforcement officer, who in the regular course of duty investigates a motor vehicle accident ... shall within twenty-four (24) hours after completing the investigation forward a written report of the accident to the department.”
Getting a copy of the crash report
Idaho crash reports are ordered online from the Idaho Transportation Department for $7 plus a transaction fee. The page does not say how many days it takes for a report to become available.
“The charge is $7.00 plus transaction fee.”
Who pays for the damage
Idaho is an at-fault state. The driver who caused the crash and that driver's insurance are responsible for paying the other person's injuries and damage.
“shall continuously ... provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by maintenance or use of motor vehicles”
Insurance rules in Idaho
What insurance every driver must carry
Idaho requires liability insurance of at least $25,000 per person and $50,000 per accident for injury, and $15,000 for property damage.
“$25,000 because of bodily injury to or death of one (1) person in any one (1) accident ... $50,000 because of bodily injury to or death of two (2) or more persons in any one (1) accident ... $15,000 because of injury to or destruction of property of others in any one (1) accident”
Personal injury protection (PIP)
Idaho does not require drivers to buy personal injury protection. The law only requires liability insurance that pays the other driver when you are at fault.
“shall continuously ... provide insurance against loss resulting from liability imposed by law for bodily injury or death or damage to property”
If the other driver has no insurance
Insurers must include uninsured and underinsured motorist coverage in every auto policy unless you reject it in writing or electronically.
“A named insured shall have the right to reject either or both uninsured motorist coverage or underinsured motorist coverage, which rejection must be in writing or in an electronic record.”
Medical payments coverage
Medical payments coverage is optional in Idaho. Insurers are not required to include it, and you are not required to buy it.
“Optional Auto Coverages”
If an insurance company treats you unfairly
You can file a complaint against an insurance company with the Idaho Department of Insurance online or by calling its consumer hotline.
“Consumer Hotline”
The deadline rules, word for word
Deadline to sue for injuries
You have 2 years from the crash to sue for your injuries.
“Within two (2) years: ... An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another”
Deadline to sue for car damage
You have 3 years from the crash to sue over damage to your vehicle or other property.
“Within three (3) years: ... An action for taking, detaining or injuring any goods or chattels, including actions for the specific recovery of personal property.”
Deadline for a wrongful death claim
You have 2 years from the death to sue over a death caused by a crash.
“Within two (2) years: ... An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another”
If a government vehicle or road was involved
If a state or local government vehicle or road was involved, you must file a claim within 180 days of the crash, or 180 days from when you reasonably should have discovered it.
“All claims against a political subdivison arising under the provisions of this act ... shall be presented to and filed with the clerk or secretary of the political subdivision within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.”
Sources on this page
Each one was opened and checked on September 17, 2026.
- Idaho Code 49-1229(1)
- Idaho Code 6-801
- Idaho Code 5-219(4)
- Idaho Code 5-218(3)
- Idaho Code 6-906
- Idaho Code 49-1305(1)
- Idaho Code 49-1306
- Idaho Code 49-117(20)
- Idaho Code 41-2502
- Idaho Department of Insurance consumer auto insurance guide
- Idaho Code 18-8007
- Idaho Code 49-1301(2)
- Idaho Transportation Department, Order a Crash Report
- Idaho Department of Insurance, Auto Insurance consumer page
- Idaho Rules of Professional Conduct, Rule 1.5(c)
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.