By Serdar Arslan, editor · Last reviewed · How we research
Idaho caps pain and suffering in injury and wrongful death cases, and the cap moves every July 1. It started at $250,000; the Idaho Industrial Commission lists $509,013.28 effective July 1, 2025. The cap does not apply to willful or reckless misconduct, or to acts found beyond a reasonable doubt to be a felony.
Fault works on a modified 50% rule: you recover only if your fault is less than that of the people you sue, so at 50% you get nothing. Injury and wrongful death suits generally must be filed within 2 years, while vehicle damage claims get 3. A crash involving a public vehicle has a far shorter fuse: a written claim generally must be filed within 180 days with the Secretary of State or the clerk of the city or county. Police must be told immediately about crashes with injury or more than $1,500 in damage to one person's property, and a copy of a statewide crash report costs $7 from the Idaho Transportation Department.
Key rules at a glance
| Personal injury filing deadline | 2 years, generally from the date of the crash Source: Idaho Code § 5-219(4) |
|---|---|
| Property damage deadline | 3 years for an action for injuring goods or personal property, such as your vehicle Source: Idaho Code § 5-218(3) |
| Wrongful death deadline | 2 years; the statute lists wrongful death in the same 2-year subsection as personal injury Source: Idaho Code § 5-219(4) |
| Claims against a government entity | A written claim generally must be filed within 180 days from when the claim arose or reasonably should have been discovered: with the Secretary of State for claims against the State, or with the clerk or secretary of a city, county, or other political subdivision. Source: Idaho Code §§ 6-905, 6-906 |
| Fault rule | Modified comparative fault (50% bar): You can recover only if your fault is less than the fault of the people you are suing. Your damages are reduced by your share of fault. If you are 50% or more at fault, you recover nothing. Source: Idaho Code § 6-801 |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $15,000 property damage |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | Idaho caps noneconomic damages (such as pain and suffering) in personal injury and wrongful death cases. The cap started at $250,000 and adjusts every July 1; the Idaho Industrial Commission lists $509,013.28 effective July 1, 2025. The cap does not apply to willful or reckless misconduct or to acts found beyond a reasonable doubt to be a felony. |
| Reporting a crash | If a crash causes injury or death, or more than $1,500 in damage to any one person's property, the driver must immediately notify local police (inside a city) or the county sheriff or state police (outside a city). Source: Idaho Code § 49-1305 |
Getting your crash report in Idaho
The Idaho Transportation Department keeps statewide crash reports. You can order a copy online; the fee is $7 per copy plus a transaction fee. Official request page
Checking a Idaho lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Idaho State Bar – Attorney Roster Search
- Lawyer referral: Idaho State Bar Lawyer Referral Service · 208-334-4500
238 people died in motor vehicle crashes in Idaho in 2024, according to NHTSA FARS (via IIHS state-by-state fatality statistics).
Frequently asked questions
›What is Idaho's cap on noneconomic damages right now?
The Idaho Industrial Commission lists $509,013.28, effective July 1, 2025. The cap started at $250,000 and adjusts every July 1. It does not apply to willful or reckless misconduct or to acts found beyond a reasonable doubt to be a felony.
›Can I recover if the jury finds us equally at fault?
No. In Idaho you recover only if your fault is less than the fault of the people you sue, so 50% or more bars recovery (Idaho Code § 6-801). Below that, your damages are reduced by your share of fault.
›How long do I have for injuries versus damage to my car?
Personal injury and wrongful death claims generally must be filed within 2 years (Idaho Code § 5-219(4)). Claims for damage to your vehicle or other personal property generally have 3 years (§ 5-218(3)).
›Where do I file a claim if a government vehicle hit me in Idaho?
File claims against the State with the Secretary of State, and claims against a city, county or other political subdivision with its clerk or secretary (Idaho Code §§ 6-905, 6-906). The claim generally must be filed within 180 days from when it arose or reasonably should have been discovered.
›Do I have to call the police after a minor Idaho crash?
Only certain crashes must be reported. If a crash causes injury, death or more than $1,500 in damage to any one person's property, the driver must immediately notify local police inside a city, or the county sheriff or state police outside a city (Idaho Code § 49-1305).
Sources
- Idaho Code § 5-219 – Two-year limitations
- Idaho Code § 5-218 – Three-year limitations
- Idaho Code § 6-801 – Comparative negligence
- Idaho Code § 6-905 – Claims against the state
- Idaho Code § 6-906 – Claims against political subdivisions
- Idaho Code § 6-1603 – Limitation on noneconomic damages
- Idaho Industrial Commission – Noneconomic caps effective 07/01/25
- Idaho Code § 49-117 – Definitions (proof of financial responsibility)
- Idaho Code § 41-2502 – Uninsured motorist coverage
- Idaho Code § 49-1305 – Immediate notice of accident
- Idaho Transportation Department – Order a Crash Report
- Idaho State Bar – Lawyer Referral Service
- IIHS – Fatality statistics state by state