Understanding Your Idaho Vehicle Damage Claim
Your Guide to Navigating a Vehicle Property Damage Claim in Idaho
After an accident, you’ll deal with an insurance company. It could be your own (a 1st-party claim) or the at-fault driver’s (a 3rd-party claim). While they may sound helpful, their goal is often to close your case for the least amount of money possible.
But they have rules they must follow. In Idaho, insurers are bound by the Unfair Claims Settlement Practices Act (Idaho Code § 41-1329), which requires them to act in good faith.
You may have a legal case if the Insurance Companies fail to do any of the following:
- Acknowledge the Claim promptly.
- Conduct a reasonable investigation.
- Attempt a prompt, fair, and equitable settlement when liability is clear.
- Pay a full and fair value for your property damage claim.
- Provide a reasonable explanation for denying a claim or for a lower offer.
What's the difference?
This is a claim you file with your own insurance company under your Collision or Comprehensive coverage.
You have a contract with them, and they owe you a duty of "good faith and fair dealing."
Disputes here often involve low repair estimates (short pay), unfair total loss valuations or breach of contract.
- vs -
This is a claim you file against the other driver's insurance company.
Since you're not their customer, they don't owe you the same contractual duties. They are only focused on their own insured and to pay as little as possible.
These claims are where you can seek compensation for the full cost to repair your vehicle, Diminished Value, Loss of Use, or total loss value.
The Insurance Company's repair offer is too low and now you're stuck paying the difference out-of-pocket.
Your car’s resale value dropped after incident, and the at-fault insurer won't acknowledge and pay for the loss.
You were without your vehicle while it was being fixed and the at-fault insurer isn't covering your costs.
They're calling your car a "total loss," but their payout offer is far less than what your car was worth.
Is legal assistance right for you?
Not every disagreement with an adjuster requires a lawyer. But it might be time to get a professional evaluation when:
- The insurer makes a final "take-it-or-leave-it" offer that is clearly unfair.
- They refuse to explain how they calculated their offer.
- They are ignoring evidence you’ve provided.
- They are unreasonably delaying your claim to wear you down.
If any of these apply to you, you may be a good candidate for legal representation for your claim.
