If I lend my car to someone else and they cause a crash, am I liable as the owner of the car?
Yes! Idaho Code 49-2417 provides that the owner of a motor vehicle is liable and responsible for the death or injury to a person or property resulting from negligence in the operation of his motor vehicle.
“Whiplash” is a catch-all phrase for injuries caused by a sudden back-and-forth jerking motion of the head. It is common in car wrecks, but it can also happen in contact sports and heavy metal concerts.
The actual injuries that may occur because of the whiplash motion include strain of muscles in the neck and back, damage to the cervical discs and ligaments, and nerve root damage. The cervical vertebrae can also break or dislocate, but we don’t usually call that “whiplash.” We call that a broken neck.
Symptoms of whiplash may appear instantly, or may wait two or three days before they show up. These symptoms include neck pain and stiffness, headaches, shoulder pain or pain between the shoulder blades, low back pain, and pain or numbness in the arm or hand. Because the whiplash motion may also have caused a minor brain injury, you may also experience dizziness, difficulty concentrating, or memory problems. You may also have trouble sleeping, or feel fatigued.
No there is no requirement to have legal representation to file an Idaho workers’ compensation complaint. These cases can get complicated and often confusing. Hiring an experienced Idaho workers’ compensation attorney is a good idea, so that you may receive proper compensation. Contact me at 208-232-6101 or toll free at 877-232-6101. I offer free case review and will answer any questions that you have about your Idaho workers’ compensation claim.
I was riding in my friend’s car and he crashed because he was texting while driving and now I’m hurt. I heard that Idaho has a guest statute that precludes me from suing my friend for my damages. Is that true?
It’s not true! Idaho’s guest statute is found in Idaho Code 49-2415. The statute states that a guest in the motor vehicle cannot bring an action against the owner or operator of the motor vehicle unless the accident was intentional or caused by intoxication or gross negligence. However, Idaho’s appellate courts ruled this statue unconstitutional in Thompson v. Hagan, 96 Idaho 19 (1974). Yes, you can sue the owner and/or operator for the negligent conduct that caused your damages.
I am over 18 years old and I borrowed by friend’s car. I then lent the car to a 15 year old friend to drive. My 15 year old friend crashed, am I liable?
Yes! Idaho Code 49-2416 provides that every owner of a motor vehicle who knowingly permits a minor to drive and any person who gives or furnishes a motor vehicle to a minor under 16 years old, shall be jointly and severally liable with the minor for any damage caused by the negligence of the minor in driving the vehicle.
Even after meeting all the filling and notice requirements income benefits are still subject to a statute of limitations. Idaho Code 72-706, states if income benefits have been paid and discontinued more than four years from the date of the injury, you will have one year from the date the last payment of income benefits was paid to file a Complaint with the Commission for additional income benefits. In addition, if no benefits are paid in the first year following the injury, then income benefits may not be due after that year. If you feel you aren’t getting fair compensation contact a local experienced Idaho Worker’s Compensation Attorney.
By Fred J. Lewis
In some cases the mediation process results in a solution to the dispute, but there are times where this is not the case. If mediation is unsuccessful and an agreement is not reached, you then have to spend money on expert witness to testify for you at hearing and begin to develop other facts to win your case. Don’t go against these insurance companies alone. They have their best interest in mind not yours. Get the help of an experienced Idaho workers’ compensation attorney. I offer free initial consultations and will answer any question you have regarding your worker’s compensation case. Get the Idaho workers’ compensation benefits you are legally entitled to not, a penny more and not a penny less.
Yes you can choose your own doctor, if your employer has not designated a treating physician already. In an emergency seek the most available medical treatment, regardless if that physician is the one designated by your employer.
When both parties agree to mediate the case, a mediation session will take place. This session will be conducted by a mediator, who will provide information to all parties but will not give advice. Prior to the mediation the claimant usually submits a demand to the defendants. At the mediation the parties both make brief opening remarks so the mediator can understand the issues in the case. The parties then go into different rooms and offers go back and forth with offers and counteroffers until a compromise amount can be reached. If an agreement is reached, it will be put into writing and signed by the parties. My experience is that about 80% to 90% of all Idaho Workers’ Compensation cases settle at mediation. So mediation is usually a good thing.
If no agreement can be reached, no problem, the mediation is not binding. The parties can continue to negotiate after the mediation. If no settlement is reached, the case goes to hearing.
Every personal injury attorney in Idaho has heard this from a client. “I was injured in a wreck, but I know the guy. I don’t want to sue him, just his insurance company.”
Unfortunately, as understandable as that desire is, insurance doesn’t work that way. A person who injures another through negligence is liable to pay damages to the injured person. This is so whether or not he has insurance. Most people, however, don’t have the ability to pay for the injuries they might cause. This was true throughout history, but it became a big problem when we invented the automobile. Henry Ford invented the most efficient method ever for causing major injury through negligence. Cars were creating so many injured people, and so many were never getting compensated for those injuries, that we finally required that all car owners carry liability insurance.
Liability insurance is a contract between the car owner and the insurance company. The insurance company agrees to pay any amounts, up to the limits of the policy, that the car owner or driver is legally obligated to pay as a result of his negligence in operating the car. If you get injured through the negligence of a driver with insurance, it is the driver that owes you the money, not his insurance company. You must prove that the driver was negligent and owes you damages; then, and only then, is the insurance company required to pay.
Idaho Law Blog
