What Happens If the Person at Fault in an Accident Has No Insurance in Idaho?

Idaho uses a fault-based system, meaning the driver who causes an accident is responsible for paying for the damage. If that driver does not have insurance following an Idaho traffic violation or infraction, they can face serious consequences. They may be fined, lose their driver's license, or have their car impounded. They will also have to file an SR-22 form to prove they have insurance in the future, which usually makes their insurance much more expensive.

Without insurance, the at-fault driver must pay the other person's costs. This can include medical bills, car repairs, lost wages, and pain and suffering. The injured person can sue if they can not afford to pay. A judge may order the driver's wages to be taken or place a lien on their property.

The person who was not at fault has fewer options. If they have uninsured motorist (UM) coverage, their insurance can help cover the costs. If they do not have UM coverage and the at-fault driver has no money or property, they might be unable to recover all their losses.

Is It Illegal To Drive Without Insurance In Idaho?

Yes. Driving without insurance is illegal in Idaho under Idaho Code § 49-1229. Drivers must carry liability coverage or another form of financial responsibility. A first offense brings a $75 fine, possible license suspension, and 1 year of SR-22 insurance. A second offense within five years is a misdemeanor, with up to $1,000 in fines, 6 months in jail, and 3 years of SR-22. Those who cause accidents without insurance are personally responsible for all damages and may be sued.

What Is the Minimum Insurance Requirement in Idaho?

Idaho law requires drivers to carry minimum liability insurance of $25,000 per person, $50,000 per accident for bodily injury, and $15,000 for property damage (Idaho Code § 49-117(20)). Insurers must offer uninsured/underinsured motorist (UM/UIM) coverage, but drivers can decline it in writing (§ 41-2502). Medical payments coverage is likewise available but entirely optional under Idaho Code § § 41-2514–41-2515.

What To Do After A Car Accident With an Uninsured Driver in Idaho

After an uninsured driver hits someone in Idaho, the injured person should follow these steps:

Call the police: If anyone is hurt or if the damage is more than $1,500, they must report the accident to the police. This is required by Idaho law (Idaho Code §§ 49-1305–49-1307).

File an SR-1 form: If the police do not make a report, the person should complete and submit an SR-1 Accident Report to the Idaho Transportation Department under the authority of §§ 49-1306 and 49-1307.

Gather information and evidence: While waiting for the report or once it is obtained, the victim should carefully document the scene: record names, contact information, and insurance details for all drivers and witnesses; photograph vehicle damage and surrounding road conditions; and keep a copy of the law enforcement or SR-1 report. These materials form the critical foundation for any insurance or legal claims.

Notify their insurance company: Uninsured motorist (UM) coverage can help cover medical expenses, lost wages, and vehicle repairs if the at-fault driver has no insurance. If the victim has this coverage, they should use it to recover their losses.

Consider filing a lawsuit: If insurance does not cover everything, the person who was hurt can take the uninsured driver to court to get money back, but they may only get paid if the other driver has money or property.

Watch for SR-22 requirements: The uninsured driver may be required to file an SR-22 form, which proves they have insurance in the future. If they do not file it, they could lose their license.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

A driver in Idaho who does not have insurance but is not responsible for causing a car accident can still get compensation. This includes payment for medical costs, lost income, car repairs, and emotional pain or suffering.

Some states have a rule called "No Pay, No Play", which blocks uninsured drivers from getting certain types of money. However, Idaho does not have that rule, so people without insurance can still ask for full compensation.

There are limits, though. Idaho law (Idaho Code § 6-1603) limits how much someone can get for pain and suffering. That amount changes every year. Also, Idaho uses a system called modified comparative fault (Idaho Code § 6-801). If the uninsured driver is found to be 50% or more at fault, they can not get any money. If they are less than 50% at fault, the amount they get is reduced based on how much of the crash was their fault.

Can I Sue an Uninsured Driver in Idaho?

Yes, anyone can sue an uninsured at-fault driver in Idaho. By Idaho Code § 49-1229, the at-fault driver is financially responsible for damages, even without insurance. If the claim is under $5,000, they can file in small claims court for out-of-pocket losses only—no pain and suffering. For higher damages, they must file in district court, where non-economic damages are allowed, up to the state cap (Idaho Code § 6-1603). They must file within two years (Idaho Code § 5-219). Even with a judgment, collecting may be difficult if the driver has no assets.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Idaho?

Yes. If the at-fault driver is uninsured in Idaho, the insured may be covered through their policy. Uninsured Motorist (UM) covers bodily injury but not vehicle damage. Collision coverage is needed for repairs. MedPay covers medical expenses regardless of fault. Idaho law (Idaho Code § 41-2502) requires insurers to offer UM/UIM for injuries, but does not require Uninsured Motorist Property Damage (UMPD). Most Idaho policies exclude UMPD; if included, it usually comes with a deductible and covers only vehicle damage.

What Is Uninsured Motorist Coverage in Idaho?

Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage in Idaho protects an insured if the at-fault driver has no insurance (UM) or not enough (UIM). They cover bodily injury—medical bills, lost wages, and related costs—up to the insured's liability limits. Idaho law (Idaho Code § 41-2502) requires insurers to offer UM/UIM coverage equal to the policy's liability limits, but drivers may reject it in writing. UM/UIM does not cover vehicle damage.

What If I Don't Have Uninsured Motorist Coverage in Idaho?

If the victim lacks Uninsured Motorist coverage in Idaho, they can carry out the following options:

• Sue the at-fault driver, though recovery may be limited if the driver has no assets.
• Request license suspension under Idaho Code § 49-1204 if a court judgment goes unpaid.
• Use collision or MedPay coverage, if included in their policy, for vehicle repair or medical bills.
• Apply to the Idaho Crime Victims Compensation Program in cases involving DUI or hit-and-run resulting in injury.

How Do I Get Compensation from an Uninsured Driver in Idaho?

If a person is injured in a collision involving an uninsured motorist in Idaho, they can still receive payment for damages. First, they need to sue in civil court. Then, they must serve the other driver with a notice, as Idaho Rule of Civil Procedure 4 requires.

If the other party fails to answer within 21 days, they can request a default judgment from the court under Rule 55. If the court agrees, the party who was hurt may try to recover the money by garnishing wages or levying liens.

If the judgment is not paid in 60 days, they can send it to the Idaho Transportation Department to ask for the driver's license to be suspended under Idaho Code § 49-1204. If the driver does respond, the case may go to trial.

How Much Can You Recover From an Uninsured At-Fault Driver in Idaho?

A person injured by an uninsured at-fault driver in Idaho may recover full economic damages and non-economic damages capped at approximately $490,500, based on Idaho's statutory limit under Idaho Code § 6-1603. Claims under $5,000 can be filed in small claims court; larger claims go to district court. Pre-judgment interest under Idaho Code § 28-22-104(1) applies only if the damages are liquidated or readily ascertainable and is set at 12% per annum. Post-judgment interest accrues at a rate 5% above the base rate, as provided in § 28-22-104(2). However, actual recovery depends on the defendant's financial resources. If unpaid, the Idaho Transportation Department may suspend the driver's license.

How To Find Out If the At-Fault Driver Has Insurance in Idaho

Anyone can review the police crash report, which often records whether a driver provided insurance information. Under Idaho Code § 49-1234, insurers must report coverage to the Idaho Transportation Department (ITD), which matches data with vehicle registration and notifies drivers lacking proof within two months. Counsel may use civil discovery tools—like interrogatories and subpoenas—to compel disclosure of the at-fault driver's policy details in a lawsuit.

Are Accidents Public Record in Idaho?

Yes, partially. Court records and police crash reports are public under Idaho Code § 74-101 et seq. and § 49-1301, but DMV insurance records are confidential and limited to authorized requesters.

Can You Go to Jail for Causing an Accident Without Insurance in Idaho?

No. Simply causing an accident while uninsured is treated as an infraction under Idaho Code § 49-1229(1)—not a criminal offense, and does not result in jail. However, knowingly using fraudulent insurance documents constitutes a misdemeanor under Idaho Code § 18-3203, which can carry potential jail time.

Can You Settle With an Uninsured Driver Out of Court in Idaho?

Yes. Out-of-court settlements with uninsured drivers are legal and enforceable. By Idaho Code § 29-103, a signed written agreement, with terms of payment and release, qualifies as a valid contract and can be enforced if one party fails to honor it.

Can I Get Compensation If I Was Partially at Fault?

Idaho applies a modified comparative negligence rule under Idaho Code § 6-801. If the claimant is less than 50% at fault, they may recover, but damages are reduced in proportion to their percentage of fault. If the claimant is 50% or more at fault, they receive no recovery.