While it is frustrating to be injured by a driver without insurance or without enough insurance, Idaho law sets requirements that typically make claims against your own insurance company go more smoothly than claims against another driver’s insurer. Uninsured motorist (UM) claims in Idaho, tend to resolve more quickly than traditional third-party auto accident claims. This is largely because UM cases are handled directly between the insured and their own insurance company, bypassing the delays of locating and negotiating with an at-fault driver. Idaho law requires insurers to offer UM coverage, providing a clearer and more efficient path to compensation for victims of hit-and-run, uninsured or underinsured (UIM) driver accidents. At The Law Firm of Johnson & Lundgreen, our Boise car accident agttorneys guide clients through this process to help secure timely and fair settlements.
Why Do UM Claims Settle Faster in Idaho?
Uninsured motorist claims generally involve fewer parties and less procedural complexity than third-party claims. Instead of pursuing compensation from the at-fault driver’s insurer, you file a claim with your own insurance provider. This eliminates the need to identify or locate an uninsured or hit-and-run driver, which are steps that can significantly delay third-party claims.
UM claims are typically resolved internally by insurance adjusters, which accelerates the process. There’s often no need for court scheduling, depositions, or extended discovery. Idaho law mandates that insurers offer UM and UIM coverage, and that the insurer must pay the claimants attorney fees if it fails to pay the amount justly due within 60 days of a proof of loss, creating a legal structure that supports more efficient resolutions. These legal standards help ensure that injured parties receive compensation without unnecessary delays.
Because an insurer has the obligation to evaluate and pay UM or UIM cases after a proper proof of loss is filed, a claimant can get a payment on the claim without settling the case. This is huge where lost income and medical bills are owed but the injuries and medical treatment continue. Some money can and should be paid by the insurer to satisfy current needs while the treatment continues and the eventual case value may be larger as evidence and medical expenses continue.
How Are UM Claims Different from Third-Party Claims?
The key distinction between UM and third-party claims lies in who you’re dealing with. In a UM claim, you’re working with your own insurance company under the terms of your policy. In contrast, a third-party claim requires you to prove the other driver’s fault and negotiate with their insurer, often a more contentious and time-consuming process. Your insurer in an UM or UIM claim has obligations to you the other driver does not have. Also, Idaho has some great laws that protect claimants in UM and UIM cases.
UM claims often avoid litigation entirely. There’s typically no need for depositions or formal discovery, and liability may be easier to establish, especially in hit-and-run cases where the at-fault driver is unknown.
UM claims often settle faster than third-party claims. This is due to the streamlined process, better legal protection and fewer parties involved. For drivers in the Boise Valley, this means a quicker route to financial recovery after an accident involving an uninsured or unidentified driver.
Common Misconceptions About UM Claims
There are several misunderstandings about how UM claims work:
- Myth: Filing a UM claim means suing the at-fault driver.
In reality, you’re filing a claim against your own insurance coverage that you have been paying for. This is a contractual process, not a lawsuit against another individual.
- Myth: UM coverage guarantees full compensation.
Your recovery is limited by the coverage limits stated in your policy. If your damages exceed those limits, you may not receive full reimbursement.
- Myth: UM claims are always simple.
While generally faster, UM claims still involve disputes over the extent of injuries you can prove. Insurers may challenge your documentation, so thorough records are essential.
- Myth: UM coverage is the same as collision coverage.
UM coverage specifically applies to bodily injury you can prove was caused by the at-fault driver who was uninsured or cannot be identified, such as in a hit-and-run. It is separate from collision coverage, which pays for damage to your vehicle regardless of fault.
What Should Boise Valley Drivers Do After a Hit-and-Run or UM Accident?
If you’re involved in a hit-and-run or an accident with an uninsured driver in Idaho, take the following steps to protect your rights and expedite your claim:
- Notify your insurance company immediately.
Prompt reporting helps initiate the UM claim process and can lead to a faster resolution. - Review your insurance policy.
Understand your UM coverage limits and any exclusions that may apply. This gives you a realistic view of what compensation you may be entitled to. - Document everything.
Keep detailed records of medical expenses, vehicle repair estimates, police reports, and all communications with your insurer. Solid documentation strengthens your claim and reduces the chance of delays. Remember, gaps of time without treatment can be harmful to your case. - Consult a local attorney.
A Boise Valley lawyer experienced with Idaho’s UM laws can help ensure your insurer acts in good faith and that you receive a fair settlement.
Even though UM claims are typically resolved more quickly, some negotiation may still be necessary. Legal guidance from an attorney who has held insurance companies accountable in the past can make a significant difference in the outcome of your case.
How an Idaho UM Attorney Can Help You Settle Faster and Fairly
If you’ve been injured in a hit-and-run or by an uninsured driver in the Boise Valley, don’t delay in starting your uninsured motorist claim. The Law Firm of Johnson & Lundgreen has extensive experience with Idaho’s UM laws and can help you pursue a faster, fair settlement. Contact us today for a free consultation and let our team advocate for the compensation you deserve.