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Idaho Car Accidents Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Car Accidents for Idaho on
Q: how to appeal a civil case regarding an accident case # cv14-21-09452

So my son got into an accident with his truck that I had registered in my name however I gave him explicit instructions to not operate the truck and even went as far as taking the starter fuse out so that he could not operate it. I was informed that he had got into an accident when I was served... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 2, 2022

This is something an Idaho attorney should advise on, but your post remains open for three weeks. And this looks like something that requires immediate attention if you have not already tended to it. It's a little difficult to follow exactly what happened here, but if there was a default... Read more »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law, Personal Injury and Car Accidents for Idaho on
Q: If my Husband is sentenced and is paying restitution can the other party file a civil claim and sue him?

He was involved in a car accident where there was a fatality and he was charged with vehicular manslaughter. he is currently in IDOCI Orofino and we have filed an appeal and everytime that I or someone else puts money on his commissary restitution is taken out 20% of the amount submitted. my... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 1, 2021

Your question has a couple of issues:

1. Restitution being taken out of his commissary money. This is probably per statute, so there is nothing that you can do about it. Your husband will get out some day and will hopefully have a little, less, restitution that he has to pay, because...
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1 Answer | Asked in Car Accidents for Idaho on
Q: Is there a time limit to file a personal injury claim ?

My wife and I were in a wreck almost a year ago and she's been having shoulder issues since and now they're getting worse.

Tim Akpinar
Tim Akpinar answered on Aug 16, 2021

Only an Idaho attorney should advise here, but your question remains open for two weeks. Most law firms that handle such cases offer free initial consults. Yes, every state has a time limit. It is known as the statute of limitations. Because SOLs are governed by state, an Idaho attorney should... Read more »

1 Answer | Asked in Car Accidents for Idaho on
Q: What exactly does signing a release of interest form do and can I avoid paying the towing fee by signing one?

I totaled my car and when the tow truck came to get it, the driver told me that he would tow it free of charge in exchange for the vehicle. I agreed to that, but now I have a bill in the mail along with a release of interest form from the towing company. Does signing the release of interest form... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 13, 2021

An Idaho attorney could advise best, but your post remains open for two weeks. It could be difficult for an attorney, even an Idaho attorney, to advise on the operation of the form you describe, sight unseen. But as a GENERAL matter nationwide, a release of interest form is used to convey ownership... Read more »

1 Answer | Asked in Car Accidents for Idaho on
Q: I was hit by girlfriend of a salesman who was leaving the car lot .was she legal to drive a car off the lot?

There were not vehicle dealer plates on vehicle only a couple stickers on windshield and she was issued a ticket on scene

Kent Higgins
Kent Higgins answered on May 26, 2020

Idaho law requires dealers to have plates on all vehicles owned and operated on any Idaho highway. As the victim of the collision you are entitled to obtain a copy of the police report. The police report will indicate the code section of the violation for which she was cited. Driving without... Read more »

1 Answer | Asked in Car Accidents and Wrongful Death for Idaho on
Q: Daughter died in motorcycle crash. She has 3 kids my other daughter and husband have custody and care of. Who files?

We want to get all we can for these orphaned kids. But I the mother would also like to sue for wrongful death. Comments. Kids are most important period.

Kurt Holzer
Kurt Holzer answered on Apr 14, 2019

First, I am so sorry to hear of this tragic loss. As to the law, wrongful death claims in Idaho are controlled by Idaho Code section 5-311. Under that statute, the children and you as parent all have wrongful death claims that can be pursued. Generally claims can either be brought by the... Read more »

1 Answer | Asked in Car Accidents for Idaho on
Q: My step dad was in a car accident he was hit by a lady I took fall for him since the lady and her husband said it was ok

Their insurance needs a statement from me of the accident what can happen to me if I do give it? Can I go to court for not giving their car insurance a statement? Or for lying ?

Kevin M Rogers
Kevin M Rogers answered on Mar 14, 2019

You really ought to think about using punctuation in your sentences. I understand the question except when you say "I took fall for him," do you mean that you were trying to keep your step dad from having to write a statement about the accident, so YOU pretended that you had been your... Read more »

1 Answer | Asked in Family Law and Car Accidents for Idaho on
Q: can I stop my boyfriends mom from taking half of his ashes?

My boyfriend passed away unexpectedly in a car accident. His mom has requested half of his ashes. She hasn't been apart of his life since he was very young. His father had full custody of him. We don't feel she deserves half his ashes

Kevin M Rogers
Kevin M Rogers answered on Nov 3, 2018

His ashes are the only thing he had that he could will to anyone, but he died without a will, so the Uniform Probate Code dictates that his ashes would pass to his children in per stirpes. If he had no children but is survived by parents, his ashes will pass to his parents in equal shares. You were... Read more »

1 Answer | Asked in Car Accidents for Idaho on
Q: Can the tow company hold your personal possessions or charge you for your personal possessions
Peter N. Munsing
Peter N. Munsing answered on Jun 29, 2018

Generally no. Complain to the police, whoever licenses them. Then make a mental note to organize around consumer rights. Towing is a legal ripoff.

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on
Q: Do I have a case if I was injured in an accident as an adolescent more than two years ago but suffer from pain still?

Accident occurred as an adolescent but due to my injuries sustained in accident and lack of medical care due to legal guardians ignorance I now suffer from constant pain as an adult. Can I still seek compensation for pain and suffering due to an accident that occurred 10 or 11 years ago?

Kurt Holzer
Kurt Holzer answered on Jan 12, 2018

The Idaho statute of limitations is generally 2 years. If you are under 18 it can be extended for either an additional 6 years or until you turn 20 whichever comes first. SO if it been more than 10 years than the unfortunate answer is no

1 Answer | Asked in Car Accidents and Criminal Law for Idaho on
Q: Cop handed over my case to a prosecutor but she left out compelling evidence. why?

a few weeks ago the cop told me that the kid denied hitting my car while it was parked and fleeing the scene but she handed over the case to the prosecutor but I just got off the phone with the prosecutor and he tells me that he can't press criminal charges because there was no evidence and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 4, 2018

Chances are she has a lot of other cases which are crimes as opposed to crashes. General attitude is "let the insurance companies fight it out."

So give the screen shots to the prosecutor.

1 Answer | Asked in Car Accidents, Landlord - Tenant and Real Estate Law for Idaho on
Q: Who is responsible for maintaining a mobile home community driveway. Ours is dangerously icy for tenants and visitors.

We keep our parking / walking areas clear and de-iced but the main driveways into the park are an icy mess. If someone slides off, who is responsible? I'd think the park but can find no published law on the subject.

Peter N. Munsing
Peter N. Munsing answered on Jan 12, 2017

Look at your lease--in most cases they are the duty of the mobile home park. Problem is there are virtually no rules or enforcement regulations when they don't maintain common areas.

1 Answer | Asked in Personal Injury and Car Accidents for Idaho on
Q: Pain and Suffering settlement question. What is reasonable?

My 3 kids were in a single car roll over accident on the freeway. Grandpa was driving, pulling a camper trailer and lost control. Each child has approx. 10K in medical bills that have been paid by insurance company. Insurance is wanting to settle pain and suffering to close the claim. They... Read more »

Peter N. Munsing
Peter N. Munsing answered on Nov 11, 2016

First, way too early if they have that type of injury. without seeing the medical records it's hard to tell. Members of the Idaho Trial Lawyers Assn give free consults--suggest you contact one of them that practices in the county where the wreck happened.

Second, most important is...
Read more »

2 Answers | Asked in Car Accidents for Idaho on
Q: In the state of Idaho if I get rear ended, the other party is at fault, it totals my car, does their ins pay for rental
Patrick E. Mahoney
Patrick E. Mahoney answered on Aug 29, 2016

If you have insurance, your coverage may pay for a rental car. You may ultimately be able to claim rental car expenses as damages in a claim made against the other side. Consult counsel in your area.

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1 Answer | Asked in Car Accidents for Idaho on
Q: Car wreck

So I was rear ended the other night and it was a three car wreck the cop told me I could go without giving or taking any information and I didn't know any better so I left then I had to turn it into the insurance and want me to pay for the deductible which I shouldn't have to because It... Read more »

Adam Studnicki
Adam Studnicki answered on Oct 3, 2015

A lawyer should be able to get a copy of the report.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a...
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1 Answer | Asked in Car Accidents for Idaho on
Q: If you are going over the speed limit by 5 miles and hit someone and kill that person will u be charged w/manslaughter
Jonathan Craig Reed
Jonathan Craig Reed answered on Jun 23, 2012

Many factors go into the decision the prosecutor makes when deciding what charges to file. (For example, was it dark and was the person hit jaywalking? Was the driver texting or talking on his cell phone? etc.) If you are asking about your own personal situation you should seek an experienced... Read more »

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