Getting into a car accident is stressful—even more so in the immediate aftermath, when you’re shaken, disoriented, and unsure of what to do next. In Idaho, as in most states, what you do (and don’t do) after a crash can significantly impact your ability to recover damages for your injuries and losses. Too often, well-meaning people make simple mistakes that end up costing them later.
Here’s a straightforward look at the most common missteps Idahoans make after a car accident—and how you can avoid them to protect your health, finances, and legal rights.
1. Failing to Report the Accident
In Idaho, you are legally required to report any car accident that results in injury, death, or property damage over $1,500. That means even seemingly “minor” crashes should be reported to law enforcement.
Why it matters:
An official accident report provides a third-party record of what happened. It often contains key details such as weather conditions, vehicle positions, and preliminary fault assessments—all of which are vital if you later need to file an insurance claim or take legal action.
What to do:
Call 911 from the scene. If it’s safe to do so, wait for police to arrive and request a copy of the crash report afterward.
2. Not Seeking Medical Attention Immediately
Many accident victims try to “tough it out,” hoping their pain or dizziness will go away on its own. Unfortunately, some injuries—like concussions, whiplash, or internal bleeding—can worsen or become permanent without early intervention.
Why it matters:
Delaying medical treatment can hurt both your health and your injury claim. Insurance companies may argue that you weren’t seriously hurt or that your injuries weren’t caused by the crash.
What to do:
Go to the ER, an urgent care clinic, or your primary care physician as soon as possible after the accident. Be honest and thorough about your symptoms.
3. Admitting Fault at the Scene
It’s human nature to say “I’m sorry” after an accident, even if you didn’t cause it. But those words can be used against you later.
Why it matters:
Idaho follows a modified comparative negligence rule. If you are found to be 50% or more at fault, you cannot recover damages. If you’re less than 50% at fault, your compensation is reduced by your share of the blame. Any admission—intentional or not—can impact that calculation.
What to do:
Stick to the facts when speaking with police and other drivers. Don’t speculate, accept blame, or apologize. Let the investigators and insurers determine fault based on evidence.
4. Not Gathering Evidence
In the rush and confusion after a crash, it’s easy to forget to document the scene. But once vehicles are towed and debris is cleared, valuable evidence disappears.
Why it matters:
Photos and videos can provide objective proof of how the accident happened. This is especially important in disputed liability cases or hit-and-run incidents.
What to do:
If you’re physically able, take pictures of vehicle damage, skid marks, street signs, traffic signals, weather conditions, and any visible injuries. Get the contact information of witnesses, too.
5. Giving a Recorded Statement to Insurance Without Understanding Your Rights
Soon after the accident, you may get a call from an insurance adjuster—possibly from the other driver’s company. They may ask for a recorded statement, claiming it’s routine.
Why it matters:
These statements can be used to discredit your claim or shift blame. Adjusters are trained to ask questions in ways that minimize their company’s liability.
What to do:
You are not required to give a recorded statement to the other driver’s insurer. Politely decline until you’ve reviewed your options and understand the implications.
6. Accepting a Quick Settlement
Insurance companies often offer fast settlements to accident victims—especially those without legal representation. These offers might cover your current bills but not the long-term impact of your injuries.
Why it matters:
Once you accept a settlement and sign a release, you typically forfeit your right to any future compensation—even if you later discover you need surgery, lose income, or suffer permanent damage.
What to do:
Don’t rush. Wait until your injuries are fully diagnosed and you understand the total costs. Request the settlement offer in writing and review it carefully before agreeing.
7. Posting About the Accident on Social Media
It’s tempting to share your experience with friends and family on social platforms, but anything you post publicly can be used by insurance companies or defense attorneys to dispute your claim.
Why it matters:
Even a photo of you smiling at a BBQ weeks later can be used to argue that your injuries aren’t as serious as claimed.
What to do:
Avoid discussing the accident, your injuries, or your case on social media until the matter is fully resolved.
8. Waiting Too Long to File a Claim
In Idaho, you have two years from the date of the accident to file a personal injury lawsuit (Idaho Code § 5-219). If you miss this deadline, your right to sue is likely gone forever.
Why it matters:
Delays can also weaken your case as evidence fades, memories become unreliable, and witnesses become harder to locate.
What to do:
Even if you’re unsure about pursuing legal action, begin documenting your case immediately and consult with professionals early on.
Final Thoughts
No one plans for a car accident, but knowing what not to do afterward can make a huge difference. Idaho law offers strong protections for injured victims—but only if you avoid these common missteps. Whether it’s ensuring you get the right medical care, keeping your comments off the record, or understanding how fault is determined, the key is acting with purpose and clarity.
By avoiding these pitfalls, you put yourself in the best position to recover—not just physically, but financially and legally as well. If you have questions or want to make sure you are not making any of the above mistakes, give us a call anytime for a free consultation.
