Being injured by a drunk driver is traumatic enough, but finding out the driver who hit you doesn’t have car insurance can make the situation feel even more frustrating and uncertain. Fortunately, Idaho law provides several avenues for victims to pursue compensation, even when the at-fault driver lacks proper insurance.
At Johnson & Lundgreen, we help victims throughout Boise, Meridian, Nampa, and Twin Falls understand their legal options and recover the compensation they deserve. If you were hit by an uninsured drunk driver in Idaho, here’s what you need to know.
Idaho’s Auto Insurance Requirements
Idaho law requires all drivers to carry a minimum amount of liability insurance:
- $25,000 minimum per person
- $50,000 per accident Bodily Injury Coverage
- $15,000 for property damage
Despite this requirement, many drivers in Idaho are uninsured or underinsured. This becomes even more common among DUI offenders, who may have had their insurance dropped, canceled, or allowed to lapse due to high-risk behavior.
What Are Your Legal Options If the Drunk Driver Has No Insurance?
Even if the drunk driver is uninsured, you still have several potential avenues for pursuing compensation:
Your Own Uninsured Motorist (UM) Coverage
If you carry uninsured motorist (UM) coverage on your auto insurance policy, this is often the first and best option for recovering damages.
UM coverage is designed specifically for situations where:
- The at-fault driver has no insurance
- You’re the victim of a hit-and-run
- The driver’s policy is canceled, expired, or invalid
UM coverage typically includes compensation for:
- Medical bills
- Lost wages
- Pain and suffering
- Funeral expenses (in fatal crashes)
In Idaho, UM coverage is not required by law, but many policies include it by default unless the policyholder specifically declines it. If you’re unsure whether you have this coverage, we can help you review your policy to determine if it’s still in effect.
Underinsured Motorist (UIM) Coverage
Sometimes, the drunk driver has insurance, but not enough to cover the full extent of your injuries. In that case, your underinsured motorist (UIM) coverage may kick in to cover the gap between what the other driver can pay and what you’re owed.
UM and UIM claims are filed through your own insurance company, but that doesn’t mean the process is easy. Insurers may delay, dispute, or undervalue your claim—even when you’re their customer. Having an experienced Idaho personal injury lawyer can level the playing field.
Filing a Personal Injury Lawsuit Against the Drunk Driver
You can also pursue a civil lawsuit against the uninsured driver directly. This allows you to seek compensation through the court system.
However, it’s important to remember that many uninsured drivers lack sufficient personal assets to pay a judgment. Even if you win in court, collecting the money may prove difficult.
That said, if the drunk driver has significant income, property, or assets, a lawsuit may still be worthwhile. A judgment can sometimes lead to wage garnishment or liens on property.
Exploring Third-Party Liability
In some cases, parties other than the drunk driver may also share responsibility. For example:
- If a bar or restaurant served a minor, Idaho’s dram shop laws may apply.
- If the driver was operating a company vehicle, the employer may be held liable under certain conditions.
- If a vehicle defect contributed to the crash, the vehicle manufacturer may also be held liable.
Our attorneys at Johnson & Lundgreen thoroughly investigate every aspect of a case to identify all potential sources of compensation.
What Compensation Can You Recover?
Whether you’re pursuing a UM claim, third-party liability, or a civil lawsuit, you may be entitled to recover damages such as:
- Emergency room and hospital bills
- Ongoing medical care or rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Funeral and burial expenses (in wrongful death cases)
Why You Shouldn’t Handle It Alone
Even when dealing with your own insurer, insurance companies may offer low settlements, delay payment, or deny your claim altogether. Proving the full extent of your injuries—and the drunk driver’s responsibility—can require expert testimony, medical records, accident reconstruction, and more.
At Johnson & Lundgreen, we fight to protect your rights and secure the compensation you deserve. With years of experience handling DUI injury cases across Idaho, we know how to navigate the legal system and insurance companies efficiently and effectively.
Get Help From an Idaho DUI Injury Attorney
If you or a loved one was injured by an uninsured drunk driver in Boise, Meridian, Nampa, or Twin Falls, don’t assume you’re out of options. You may still have a valid and valuable claim, and Johnson & Lundgreen can help you pursue it.
Contact us today for a free, no-obligation consultation. We’ll explain your options, review your insurance coverage, and fight for the financial recovery you need to move forward.