Idaho Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Idaho injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Idaho
- Deadline to sue for an injury
- A lawsuit for injury to a person must be filed within two years. The claim generally accrues at the time of the act or occurrence, and the period is not extended because of continuing consequences. Idaho Code § 5-219(4)
- Fault rule (comparative negligence)
- Modified comparative negligence (50% bar). An injured person can recover only if his or her negligence or responsibility was not as great as that of the person being sued; damages are reduced by the injured person's share. Idaho Code § 6-801
- Wrongful death deadline
- A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years. Idaho Code § 5-219(4)
- Minimum car insurance
- Minimum liability amounts are $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $15,000 for property damage (25/50/15). Idaho Code §§ 49-117 ("proof of financial responsibility"), 49-1212
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | A lawsuit for injury to a person must be filed within two years. The claim generally accrues at the time of the act or occurrence, and the period is not extended because of continuing consequences. Source: Idaho Code § 5-219(4) |
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| Deadline to sue for property damage | A lawsuit for taking, detaining or injuring goods or personal property, or for trespass on real property, must be filed within three years. Source: Idaho Code § 5-218(2)-(3) |
| Medical malpractice deadline | A professional malpractice claim must be filed within two years after the act or omission; the period is not extended by continuing treatment or continuing consequences. If a foreign object was left in the body, or the damage was fraudulently concealed, the claim accrues when the patient knew or reasonably should have been put on inquiry, and must be filed within one year after that or two years after the act, whichever is later. Source: Idaho Code § 5-219(4) |
| Wrongful death deadline | A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years. Source: Idaho Code § 5-219(4) |
| Suing the government | Under the Idaho Tort Claims Act, a claim against the State or a state employee must be filed with the Secretary of State, and a claim against a city, county or other political subdivision (or its employee) must be filed with its clerk or secretary, within 180 days from when the claim arose or reasonably should have been discovered, whichever is later. Combined liability of a governmental entity and its employees for one occurrence is limited to $500,000 (including costs and attorney fees), unless the entity has more insurance. |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative negligence (50% bar). An injured person can recover only if his or her negligence or responsibility was not as great as that of the person being sued; damages are reduced by the injured person's share. Source: Idaho Code § 6-801 |
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| Damage caps | Yes. In personal injury and wrongful death actions, a judgment for non-economic damages may not exceed $250,000, adjusted each July 1 by the same percentage the Idaho Industrial Commission adjusts the state average annual wage. The cap does not apply to willful or reckless misconduct, or to acts the fact-finder finds beyond a reasonable doubt would be a felony. The jury is not told about the cap. Source: Idaho Code § 6-1603 |
| Medical malpractice caps | No separate malpractice-only cap. The general non-economic damages cap (starting at $250,000 and adjusted annually) applies to all personal injury and wrongful death actions, including medical malpractice. Source: Idaho Code § 6-1603 |
| Punitive damages | Punitive damages require clear and convincing proof of oppressive, fraudulent, malicious or outrageous conduct. They may not be requested in the initial complaint; the court must first allow an amendment after finding a reasonable likelihood of proving them at trial. Awards may not exceed the greater of $250,000 or three times compensatory damages. Source: Idaho Code § 6-1604 |
Wrongful death
| Who can sue for wrongful death | The deceased person's heirs, or the personal representatives on their behalf, may sue. "Heirs" includes those who would inherit under Idaho law, plus the spouse, children, stepchildren and parents, and blood relatives and adoptive siblings who depended on the deceased for support or services. A dependent putative spouse (one who believed in good faith that a void or voidable marriage was valid) is also included. Source: Idaho Code § 5-311 |
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| Wrongful death deadline | A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years. Source: Idaho Code § 5-219(4) |
Car accidents and dog bites
| Reporting a crash to police | A driver in a crash that causes injury or death, or damage to any one person's property in excess of $1,500, must immediately notify police by the quickest means available: the local police department if in a city, otherwise the county sheriff or the nearest Idaho State Police office. If the driver cannot, another capable occupant must give the notice. Source: Idaho Code § 49-1305 |
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| Crash report to the DMV | In Idaho the written crash report is sent by the investigating law enforcement officer, who must forward it to the Idaho Transportation Department within 24 hours after completing the investigation. Written accident reports must be made on forms approved by the department. Filing a false accident report is unlawful (§ 49-1308). Source: Idaho Code §§ 49-1306, 49-1307 |
| Leaving the scene (hit and run) | A driver in a crash on public or private property open to the public must stop at or near the scene and stay to fulfill legal duties. In a damage crash the driver must give name and address and, if available, show a driver license, registration and proof of insurance. In an injury or death crash the driver must also give insurance and registration information and provide reasonable help to anyone injured, including arranging transport for medical care. For an unattended vehicle, the driver must find the owner or leave a written note with a statement of what happened. Leaving an injury or death crash is a felony punishable by up to $5,000 and up to 5 years in prison, plus a 1-year license revocation with no work permit. Leaving a damage-only crash is a misdemeanor with a 1-year license revocation. On a divided controlled-access or interstate highway, the stop should be made by moving a drivable vehicle to the shoulder, emergency lane or median when safe (§ 49-1301(2)). Damage-crash rules: https://legislature.idaho.gov/statutesrules/idstat/Title49/T49CH13/SECT49-1301 |
| Minimum car insurance | Minimum liability amounts are $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $15,000 for property damage (25/50/15). |
Slip, trip and fall injuries
| Claims against a city or county | Under the Idaho Tort Claims Act, a claim against a city, county or other political subdivision (or its employee acting within the scope of employment) must be presented to and filed with the clerk or secretary of that political subdivision within 180 days from when the claim arose or reasonably should have been discovered, whichever is later. The government must approve or deny the claim in writing within 90 days; if it does not act, the claim is deemed denied, and once a claim is denied the claimant may sue in district court. Combined liability of a governmental entity and its employees for damages, costs and attorney fees from any one occurrence is limited to $500,000, unless the entity has bought more liability insurance. Claims against the State itself are filed with the Secretary of State (see injury/government_claims). |
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| Injuries on land used for recreation | An owner of land (including tenants, easement holders and others in control) who lets people use land, airstrips or water without charge for recreation owes no duty to keep it safe for recreational entry or to warn of dangerous conditions, does not give the visitor invitee or licensee status, and is not liable for injuries caused by the visitor's own acts or omissions; posting warnings or making safety improvements does not by itself create liability. The protection does not apply to anyone who, for compensation, lets the land be used for recreation. Recreational users remain liable for damage they cause to the land, property, livestock or crops. The section read contains no separate willful/malicious-conduct exception; its stated exception is land used for recreation for compensation. |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Idaho requires a helmet meeting the director's standards only for people under 18 who operate or ride a motorcycle, motorbike, UTV or ATV. The rule does not apply on private property, to vehicles used as implements of husbandry, to completely enclosed autocycles, or to UTVs equipped with a roll cage and seat belts. The statute does not say whether going without a helmet affects damages. Source: Idaho Code § 49-666(1) |
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| Lane splitting | Idaho has no state law that specifically addresses motorcycle lane splitting or lane filtering. The general lane rule requires that on highways divided into clearly marked lanes, a vehicle be driven as nearly as practicable entirely within a single lane and not moved from that lane until the driver has made sure the move is safe. Reviewed Title 49, Chapter 6 (Rules of the Road; full-chapter PDF text searched for every motorcycle and lane provision) on 2026-10-28; no provision on lane splitting found. |
| Pedestrian right-of-way | Where traffic signals are not in place or not working, drivers must yield to a pedestrian crossing within a crosswalk, slowing or stopping if needed, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian may not suddenly leave a curb into the path of a vehicle so close as to be an immediate hazard. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, may cross only in a marked crosswalk between adjacent signalized intersections, and may not cross an intersection diagonally unless traffic-control devices allow it. Source: Idaho Code §§ 49-702, 49-704 |
| Bicycle laws | Bicycle and e-bike riders have the rights and duties of other vehicle drivers (except where the bicycle chapter says otherwise) and must exercise due care; drivers must use due care to avoid colliding with bicyclists. Under Idaho's stop-sign rule, a cyclist approaching a stop sign must slow down and, after yielding to traffic that is an immediate hazard, may proceed without stopping; at a steady red light the cyclist must stop and yield, then may proceed with caution. On sidewalks and in crosswalks, cyclists have pedestrians' rights and duties but must yield to pedestrians and give an audible signal before passing. Idaho's pedestrian and bicycle chapter contains no bicycle helmet requirement, and no specific minimum passing distance (such as 3 feet) was found in the rules of the road. Reviewed Title 49, Chapters 6 and 7 (full-chapter PDF text searched) on 2026-10-28 for helmet and passing-distance provisions; none found. |
| Uber and Lyft insurance | Idaho's transportation network company law does not set separate coverage amounts for Uber/Lyft-type drivers; it requires TNCs and TNC drivers to comply with all applicable insurance requirements in Idaho's automobile liability insurance statutes in Title 49 and Title 41. Source: Idaho Code § 49-3708 |
Construction accidents
| Construction site injuries | Idaho's workers' comp law makes the employer's liability exclusive (subject to the third-party rules), so an injured construction worker's claim against the employer goes through workers' comp. A worker may sue a negligent third party, but a 'third party' does not include an employer above a contractor or subcontractor that complied with the insurance requirement, or the owner or operator of the premises who is not the direct employer because of an independent contractor arrangement. An employer is liable for comp to an uninsured contractor's or subcontractor's employee where it would have been liable if the worker had worked directly for it, with a right to recover from the contractor. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Idaho?
A lawsuit for injury to a person must be filed within two years. The claim generally accrues at the time of the act or occurrence, and the period is not extended because of continuing consequences.
How long do you have to sue for property damage in Idaho?
A lawsuit for taking, detaining or injuring goods or personal property, or for trespass on real property, must be filed within three years.
What is the statute of limitations for medical malpractice in Idaho?
A professional malpractice claim must be filed within two years after the act or omission; the period is not extended by continuing treatment or continuing consequences. If a foreign object was left in the body, or the damage was fraudulently concealed, the claim accrues when the patient knew or reasonably should have been put on inquiry, and must be filed within one year after that or two years after the act, whichever is later.
How long do you have to file a wrongful death lawsuit in Idaho?
A lawsuit for a death caused by the wrongful act or neglect of another must be filed within two years.
Who can file a wrongful death lawsuit in Idaho?
The deceased person's heirs, or the personal representatives on their behalf, may sue. "Heirs" includes those who would inherit under Idaho law, plus the spouse, children, stepchildren and parents, and blood relatives and adoptive siblings who depended on the deceased for support or services. A dependent putative spouse (one who believed in good faith that a void or voidable marriage was valid) is also included.
Can you recover damages if you were partly at fault in Idaho?
Modified comparative negligence (50% bar). An injured person can recover only if his or her negligence or responsibility was not as great as that of the person being sued; damages are reduced by the injured person's share.
Does Idaho cap damages in personal injury cases?
Yes. In personal injury and wrongful death actions, a judgment for non-economic damages may not exceed $250,000, adjusted each July 1 by the same percentage the Idaho Industrial Commission adjusts the state average annual wage. The cap does not apply to willful or reckless misconduct, or to acts the fact-finder finds beyond a reasonable doubt would be a felony. The jury is not told about the cap.
Is there a cap on medical malpractice damages in Idaho?
No separate malpractice-only cap. The general non-economic damages cap (starting at $250,000 and adjusted annually) applies to all personal injury and wrongful death actions, including medical malpractice.
When can you get punitive damages in Idaho?
Punitive damages require clear and convincing proof of oppressive, fraudulent, malicious or outrageous conduct. They may not be requested in the initial complaint; the court must first allow an amendment after finding a reasonable likelihood of proving them at trial. Awards may not exceed the greater of $250,000 or three times compensatory damages.
How do you file an injury claim against the government in Idaho?
Under the Idaho Tort Claims Act, a claim against the State or a state employee must be filed with the Secretary of State, and a claim against a city, county or other political subdivision (or its employee) must be filed with its clerk or secretary, within 180 days from when the claim arose or reasonably should have been discovered, whichever is later. Combined liability of a governmental entity and its employees for one occurrence is limited to $500,000 (including costs and attorney fees), unless the entity has more insurance.
What is the minimum car insurance required in Idaho?
Minimum liability amounts are $25,000 for injury or death of one person, $50,000 for injury or death of two or more people in one accident, and $15,000 for property damage (25/50/15).
When do you have to report a car accident to the police in Idaho?
A driver in a crash that causes injury or death, or damage to any one person's property in excess of $1,500, must immediately notify police by the quickest means available: the local police department if in a city, otherwise the county sheriff or the nearest Idaho State Police office. If the driver cannot, another capable occupant must give the notice.
Do you have to report a car accident to the DMV in Idaho?
In Idaho the written crash report is sent by the investigating law enforcement officer, who must forward it to the Idaho Transportation Department within 24 hours after completing the investigation. Written accident reports must be made on forms approved by the department.
What are your duties after a car accident in Idaho?
A driver in a crash on public or private property open to the public must stop at or near the scene and stay to fulfill legal duties. In a damage crash the driver must give name and address and, if available, show a driver license, registration and proof of insurance. In an injury or death crash the driver must also give insurance and registration information and provide reasonable help to anyone injured, including arranging transport for medical care. For an unattended vehicle, the driver must find the owner or leave a written note with a statement of what happened. Leaving an injury or death crash is a felony punishable by up to $5,000 and up to 5 years in prison, plus a 1-year license revocation with no work permit. Leaving a damage-only crash is a misdemeanor with a 1-year license revocation.
How long do you have to file a claim against a city or county in Idaho?
Under the Idaho Tort Claims Act, a claim against a city, county or other political subdivision (or its employee acting within the scope of employment) must be presented to and filed with the clerk or secretary of that political subdivision within 180 days from when the claim arose or reasonably should have been discovered, whichever is later. The government must approve or deny the claim in writing within 90 days; if it does not act, the claim is deemed denied, and once a claim is denied the claimant may sue in district court. Combined liability of a governmental entity and its employees for damages, costs and attorney fees from any one occurrence is limited to $500,000, unless the entity has bought more liability insurance.
Is a landowner liable for injuries on land used for recreation in Idaho?
An owner of land (including tenants, easement holders and others in control) who lets people use land, airstrips or water without charge for recreation owes no duty to keep it safe for recreational entry or to warn of dangerous conditions, does not give the visitor invitee or licensee status, and is not liable for injuries caused by the visitor's own acts or omissions; posting warnings or making safety improvements does not by itself create liability. The protection does not apply to anyone who, for compensation, lets the land be used for recreation. Recreational users remain liable for damage they cause to the land, property, livestock or crops.
Do you have to wear a motorcycle helmet in Idaho?
Idaho requires a helmet meeting the director's standards only for people under 18 who operate or ride a motorcycle, motorbike, UTV or ATV. The rule does not apply on private property, to vehicles used as implements of husbandry, to completely enclosed autocycles, or to UTVs equipped with a roll cage and seat belts. The statute does not say whether going without a helmet affects damages.
Is lane splitting legal in Idaho?
Idaho has no state law that specifically addresses motorcycle lane splitting or lane filtering. The general lane rule requires that on highways divided into clearly marked lanes, a vehicle be driven as nearly as practicable entirely within a single lane and not moved from that lane until the driver has made sure the move is safe.
Who has the right of way, a pedestrian or a driver, in Idaho?
Where traffic signals are not in place or not working, drivers must yield to a pedestrian crossing within a crosswalk, slowing or stopping if needed, and may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian may not suddenly leave a curb into the path of a vehicle so close as to be an immediate hazard. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, may cross only in a marked crosswalk between adjacent signalized intersections, and may not cross an intersection diagonally unless traffic-control devices allow it.
What are the bicycle laws in Idaho?
Bicycle and e-bike riders have the rights and duties of other vehicle drivers (except where the bicycle chapter says otherwise) and must exercise due care; drivers must use due care to avoid colliding with bicyclists. Under Idaho's stop-sign rule, a cyclist approaching a stop sign must slow down and, after yielding to traffic that is an immediate hazard, may proceed without stopping; at a steady red light the cyclist must stop and yield, then may proceed with caution. On sidewalks and in crosswalks, cyclists have pedestrians' rights and duties but must yield to pedestrians and give an audible signal before passing. Idaho's pedestrian and bicycle chapter contains no bicycle helmet requirement, and no specific minimum passing distance (such as 3 feet) was found in the rules of the road.
What insurance must Uber and Lyft drivers have in Idaho?
Idaho's transportation network company law does not set separate coverage amounts for Uber/Lyft-type drivers; it requires TNCs and TNC drivers to comply with all applicable insurance requirements in Idaho's automobile liability insurance statutes in Title 49 and Title 41.
Can you sue for a construction accident in Idaho?
Idaho's workers' comp law makes the employer's liability exclusive (subject to the third-party rules), so an injured construction worker's claim against the employer goes through workers' comp. A worker may sue a negligent third party, but a 'third party' does not include an employer above a contractor or subcontractor that complied with the insurance requirement, or the owner or operator of the premises who is not the direct employer because of an independent contractor arrangement. An employer is liable for comp to an uninsured contractor's or subcontractor's employee where it would have been liable if the worker had worked directly for it, with a right to recover from the contractor.
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