Idaho Law Blog

By Rachel Miller

Generally, no. If you are in a car accident, whether minor or severe, you can expect that the insurance company for the other driver will contact you. They will often be polite and professional and may even say that they just want to help you. They will often even ask you to make a recorded statement. It can be tempting to talk to the opposing driver’s insurance – particularly when the other driver was at fault. However, generally speaking, victims of car accidents should not speak to the other driver’s insurance. They should particularly not agree to give a recorded statement. Remember, you are not obligated in any way to speak to the other driver’s insurance or to give a statement.

It is important to remember that the insurance company of the other driver has no obligation to you. Their job is to represent the interests of their insured and their company. They are seeking to minimize the amount of money that they will have to pay for the accident. They do this by asking you questions that will elicit answers showing that (1) you were partially or entirely at fault for the accident; and (2) you did not have injuries or your injuries are only mild. The answers you give will be used against you to evaluate your claim. Your answers will also be used against you at trial if the case proceeds through litigation. Under Idaho law, your answers are not considered hearsay.

By Rachel Miller

Aaah. Fall. Autumn. Changing colors. Crisp air. Back to school. Fall sports – football, soccer, volleyball, cross-country. Is there anything not to love about the fall season? However, with back to school and fall sports often comes the obligatory Assumption of Risk/Release of Liability form that your child brings home to participate in the above school sports (or many other school activities). You may have also have signed them in connection to participate in other activities such as amusement parks, trampoline activities, or even every-day activities like roller and ice skating.

A release of liability form is an agreement between the parties, where the participant waives or releases any future negligence claim he may have against the school, organizer, sponsor, or vendor of the activity or sport. The organizer/sponsor of the activity often names specific risks inherent in the activity, and the participant acknowledges an assumption of those risks, and agrees not to sue the organizer even if the organizer commits negligence. The release also often contains agreements to arbitrate any disputes or to litigate only in the state where the activity took place.