Can you sue for more than policy limits in Idaho? You can pursue the full value of your damages when they surpass insurance policy limits.
An Idaho personal injury lawyer can explore additional ways to secure compensation, such as other insurance policies or a third-party lawsuit.
When Damages Exceed Policy Limits
The damages you can sue for after an accident in ID include related financial costs and expenses, such as medical bills, lost wages, and property damage. You can also seek compensation for your emotional pain, physical suffering, and diminished quality of life.
When your injuries do not demand extensive medical treatment and will heal, the at-fault party’s insurance policy may cover those costs fully.
Some injuries have more serious repercussions. There may be long-term effects of car accident injuries or injuries sustained in a slip-and-fall incident, or other types of accidents. You may require ongoing medical care or have to adjust your living space to accommodate your new disability. You might need to hire others to take over duties you can’t perform independently anymore.
A permanent injury can prevent you from working and earning to support yourself and your family. Recouping these losses and regaining financial stability through the at-fault party’s insurance policy may be impossible. An Idaho personal injury lawyer can help determine if there is a way you can sue for more than policy limits.
For a free legal consultation, call (801) 266-0999
Other Insurance Options May Provide Compensation
One solution may exist in other insurance policies. While the Idaho Department of Insurance does not require drivers to carry uninsured or underinsured motorist coverage, all insurance companies must give clients the option to purchase it.
If your injuries result from a motor-vehicle crash, your attorney can review your policy to see if it includes this coverage. You may have also opted for collision coverage in your own insurance plan. This coverage can help pay for property-damage costs.
Some injuries happen in another person’s home. Homeowner’s insurance may provide some coverage, but not enough to meet your needs. Your lawyer can investigate whether the homeowner has other
coverage, such as an umbrella policy. Umbrella policies do not just cover accidents at home. They may also provide extended coverage for motor-vehicle or other accidents.
You Can Sue for More than Policy Limits Through a Third-Party Lawsuit
You may need to go outside of the at–fault party’s insurance limits and your own when damages are extensive. Your personal injury attorney can help you file a third-party lawsuit to sue for more than policy limits in Idaho.
File Against the At-Fault Party’s Personal Assets
You may file a lawsuit against the at-fault party personally. This allows you to seek compensation through that party’s assets, such as their personal bank accounts or property. Of course, this solution only works if the negligent party has valuable assets.
File Against the Insurance Company
Insurance companies in Idaho must manage claims in good faith. Unfortunately, some companies deny claims without reasonable cause, use delay tactics, or otherwise act in bad faith. Under Idaho Statute 41-1329, you can sue for unfair claim settlement practices.
File For Vicarious Liability
When you file a claim for vicarious liability, you hold one party responsible for another party’s actions. The party you sue must have some culpability for the negligent party’s actions. For example, you might hold an employer liable for an employee’s negligence under Idaho Statute 6-1607.
Sometimes, parents can be held vicariously liable for their child’s behavior. If a vehicle owner allows someone to borrow their car, and that person drives recklessly, the vehicle owner could be held vicariously liable.
An experienced personal injury attorney in Idaho knows what it takes to prove vicarious liability and will work to build a convincing case.
File Against Other Defendants
While the cause of your accident may seem obvious, there may be other factors at work. You might think your car crash happened because a reckless driver ran a red light and T-boned you.
A closer investigation may show that the driver’s brakes failed–that the vehicle itself was defective. The investigation could also show that the traffic light malfunctioned.
In the first scenario, you could have a claim against the vehicle manufacturer or inspector. In the second, you may have grounds to hold the government agency responsible for maintaining working traffic signals accountable.
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Timing Matters When You Need to Sue for More Than Policy Limits in Idaho
You may not recognize the full extent of your damages right after your accident. When in an injured state, you are vulnerable. You do not have the capacity to think too far into the future or have a solid understanding of your long-term needs. The at-fault party’s insurance company may offer you a fast settlement. Even if it seems fair, do not accept it until speaking to an attorney.
Your lawyer will assess your losses with care and has the experience to anticipate your ongoing needs. If a settlement offer is low, your attorney can advise you not to take it and help you build a case for a fairer amount. Your lawyer may also see that insurance policy limits will prevent you from collecting the damages you need and deserve through this one source.
Contacting your attorney promptly allows a thorough analysis of your accident and helps identify any other liable parties. In those early days, evidence was more available. Your attorney will need that evidence, whether seeking compensation through other insurance claims or through a third-party lawsuit.
Statute of Limitations
Idaho Statute 5-219 gives victims two years to file claims for most personal injury situations. A prompt legal partnership supports meeting this deadline. Your attorney will have time to investigate, build evidence, and file on time.
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Don’t Settle for Less
Do not simply accept less than you deserve for your accident losses. Reach out to an Idaho personal injury attorney from Siegfried & Jensen for help if you need to sue for more than the policy limit in Idaho.
Our goal is to get you fully compensated for your losses, restoring your financial stability and sense of justice, and helping you move on with your life.
Call or text (801) 266-0999 or complete a Free Case Evaluation form
