Idaho Car Accidents Questions & Answers

Q: Daughter died in motorcycle crash. She has 3 kids my other daughter and husband have custody and care of. Who files?

1 Answer | Asked in Car Accidents and Wrongful Death for Idaho on
Answered on Apr 14, 2019
Kurt Holzer's answer
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 personal representative of the estate of the decedent or individually by the various claimants. In this case, the claims of the minor children can be brought by their legal guardians. You can learn more...

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

1 Answer | Asked in Car Accidents for Idaho on
Answered on Mar 14, 2019
Kevin M Rogers' answer
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 step dad? If you write a statement and lie to an insurance company, you may be committing a crime. Even if you are not charged criminally, why would you run the risk of being sued by the insurance company for...

Q: can I stop my boyfriends mom from taking half of his ashes?

1 Answer | Asked in Family Law and Car Accidents for Idaho on
Answered on Nov 3, 2018
Kevin M Rogers' answer
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 never married to him and have absolutely no say in the matter. I’m sorry.

Q: Can the tow company hold your personal possessions or charge you for your personal possessions

1 Answer | Asked in Car Accidents for Idaho on
Answered on Jun 29, 2018
Peter N. Munsing's answer
Generally no. Complain to the police, whoever licenses them. Then make a mental note to organize around consumer rights. Towing is a legal ripoff.

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?

1 Answer | Asked in Family Law, Personal Injury, Car Accidents and Insurance Defense for Idaho on
Answered on Jan 12, 2018
Kurt Holzer's answer
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

Q: Cop handed over my case to a prosecutor but she left out compelling evidence. why?

1 Answer | Asked in Car Accidents and Criminal Law for Idaho on
Answered on Jan 4, 2018
Peter N. Munsing's answer
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.

Q: Who is responsible for maintaining a mobile home community driveway. Ours is dangerously icy for tenants and visitors.

1 Answer | Asked in Car Accidents, Landlord - Tenant and Real Estate Law for Idaho on
Answered on Jan 12, 2017
Peter N. Munsing's answer
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.

Q: Pain and Suffering settlement question. What is reasonable?

1 Answer | Asked in Personal Injury and Car Accidents for Idaho on
Answered on Nov 11, 2016
Peter N. Munsing's answer
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 follow up. Your kids aren't crash test dummies. I'd be concerned about head trauma, the shoulder injury, disc injuries etc.

Third, your kids may have rights to something like underinsured motorist...

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

2 Answers | Asked in Car Accidents for Idaho on
Answered on Aug 29, 2016
Patrick E. Mahoney's answer
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.

Q: Car wreck

1 Answer | Asked in Car Accidents for Idaho on
Answered on Oct 3, 2015
Adam Studnicki's answer
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 legal problem without a comprehensive consultation and review of all the relevant facts and documents. I strongly encourage you to consult with a local lawyer to get legal advice and help with your...

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

1 Answer | Asked in Car Accidents for Idaho on
Answered on Jun 23, 2012
Jonathan Craig Reed's answer
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 criminal defense lawyer in Idaho.

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