Idaho Law Blog

By Rachel Miller

• Your health and safety and that of your passengers and other individuals in the other car have to be first. Treat injuries and call 911 if necessary.
• Call the police. Officers will investigate the scene of the accident. Their report can be an important part of an insurance claim and will document that the accident occurred. They will identify the other driver. (The last thing you want is to decide to handle it without the police and then get wrong contact information from the other driver.) You are not required to incriminate yourself in a police investigation. You can choose to give only your vehicle registration, proof of insurance, and driver’s license. However, if you choose to do so, expect greater scrutiny and possibly a citation. What you say will be put in a police report and used to decide who, if anyone, should be cited. Tell the truth. But don’t guess, speculate, or assume. Don’t apologize. Don’t assume responsibility for the accident. If you decide to speak, stick to the facts, and only the facts. Answer the police question as briefly and directly as possible.

By Joseph G. Ballstaedt

Let’s suppose you own a truck, and let’s also suppose your neighbor Bill does not. One day, Bill knocks on your door and asks a favor. He just purchased a new couch, and he has no way of transporting it from the furniture store to his house. He asks if you’d be willing to lend him your truck. You’ve known Bill for years and that he’s a good driver, so you say yes. Bill takes your keys and is on his way, and before long, the bad news arrives. While driving to the furniture store, Bill ran a stop sign and broadsided another car. Under these circumstances, can you be held responsible for the damage and injuries Bill has caused?

Yes, under Idaho law, you can be held responsible for Bill’s negligence. Idaho statues explain that if you give another person express or implied permission to use your motor vehicle, and that person negligently crashes while using your vehicle, you are liable for any resulting death, injury, or property damage. However, your liability under these laws of “imputed negligence” is limited by statute to the greater of 1) $50,000 for bodily injuries or deaths to multiple persons (a $25,000 limit applies if only one person is injured or killed) and $15,000 for damage to property or 2) the limits of your liability insurance.