The law requires all drivers to have liability insurance in Idaho to cover accidents that are their fault.  Unfortunately, not all drivers follow the law.  If you are in a car collision where one of those uninsured drivers is at fault, some options remain open to you for recovering the losses (damages) imposed on you.

Use The Uninsured Driver 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 some of the damages an uninsured driver 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.  Not all companies offer uninsured property damage coverage.  Uninsured motorists coverage is limited to personal injury damages.   To protect your property, you need to purchase collision coverage as well.

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 one hand the number where an uninsured river actually paid something to the injured person directly.

Get A Court Judgment Against The Uninsured Driver

If the severity of the collision is small you might be able to get a judgment against the at-fault driver in small claims court.   If the damages are larger you will have to file in the regular civil court system.  But, you need to understand, getting a judgment can be expensive.  And the uninsured driver in many cases can escape it by later going to bankruptcy court. We are happy to discuss this option with you.  It is important for you to determine 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.

Go to the Idaho Department of Transportation.  And, when there, file a certified copy of the unpaid judgment.  The department 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 until 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 uninsured driver also has to pay the state a reinstatement fee.

Dealing with the aftermath of a collision caused by an uninsured motorist can be a huge headache. So call us or contact us for help and a case review. We help people throughout Idaho.

BACK TO ARTICLES