Idaho Law Blog

Guest Statute

Published on: February 9, 2016 | by Racine Olson

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.

Furnishing Motor Vehicle to Minor Under Age !6

Published on: February 8, 2016 | by Racine Olson

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.

What is the statute of limitation on income benefits in Idaho?

Published on: February 8, 2016 | by Racine Olson

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.

What happens if a settlement isn’t reached during mediation?

Published on: February 2, 2016 | by Racine Olson

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.

If I am injured can choose my own doctor for my Idaho workers’ compensation claim?

Published on: January 29, 2016 | by Racine Olson

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.

How does mediation work?

Published on: January 29, 2016 | by Racine Olson

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.

I just want to sue his insurance company!

Published on: January 28, 2016 | by Racine Olson

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.

How much will mediation cost?

Published on: January 27, 2016 | by Racine Olson

The mediation session will not cost either participant. The Industrial Commission does not charge for a mediation sessions, and the Commission pays the mediator’s expenses. Dennis Burks has been the mediator for the Commission for over a decade. He has mediated over 10,000 Idaho Workers’ Compensation cases.

What do I do if I want to change physicians?

Published on: January 25, 2016 | by Racine Olson

To change treating physicians you need a referral from your current treating physician to a new treating physician. Sometimes your treating physician may to decline to do so, if this is the case, a request can be made to the insurance company. If the insurance company refuses your request, then you may file a Petition for Change of Physician, see Idaho Code 72-432. Make sure your workers’ compensation doctor is within the referral chain of doctors that are authorized to treat you or the Idaho Industrial Commission has entered an order authorizing you to change doctors. If you fail to do so, you may be liable for fees charged by a physician you choose, if you have not been authorized to see that physician.

Sneakers and trade secrets

Published on: January 20, 2016 | by Racine Olson

The always-fascinating EconTalk podcast had as its guest on January 18 “sneakerhead” Josh Luber of Campless.com, a site dedicated to tracking the secondary market in sneakers. There is a thriving market on Ebay and other sites in sneakers, particularly Nike basketball shoes. Just about every week, Nike releases small production runs of sneaker models to stores like Athlete’s Foot. They are intended to be collectible: maybe unique color combinations, or maybe a new run of a popular older model. People line up outside shoe stores in malls across the country every Saturday morning, trying to get a pair. They almost always resell them, sometimes for many times the already-inflated MSRP. The market is larger than you might think: in 2014, more than 125,000 individual resellers made more than $1.2 billion in profits over and above the retail price of the shoes.

And, of course, every year Nike releases the newest model of Air Jordans, and the same thing happens: hundreds of thousands sell out very quickly for full retail, and many of those also end up in the secondary market, selling for two to five times the retail price.

Listening to the discussion of sneakers made me think about trade secrets, an aspect of intellectual property law I haven’t discussed here before. Idaho’s intellectual property laws include a version of the Uniform Trade Secrets Act, which allows owners of trade secrets some means of protecting them.