Uninsured and Underinsured Motorist Claims in Idaho

If the driver who hit you has no insurance, or only Idaho's $25,000 minimum, the liability claim can stall out fast. An uninsured motorist claim in Idaho is how you use your own policy when the at-fault driver cannot pay what the injuries are worth.

That sounds backwards. You are not making a claim "against yourself" as a person. You are using coverage you already paid for. Your own insurance company still investigates, and it still looks for reasons to pay less.

This is for people hurt in a car accident by an uninsured or underinsured driver who need to know what UM and UIM actually pay, and what Idaho law requires on the auto policy.

Idaho law requires insurers to offer UM and UIM

Idaho Code 41-2502 says a motor vehicle liability policy issued here must include uninsured motorist coverage and underinsured motorist coverage for bodily injury. A named insured can reject either or both in writing, including an authorized electronic record. After a valid rejection, the same insurer does not have to add it back on a renewal.

That is not the same as "everyone has UM." Some people signed a rejection years ago and forgot. Pull the declarations page and any rejection form before you assume coverage is there.

Uninsured motorist coverage

Uninsured motorist coverage is for bodily injury when the at-fault driver has no liability insurance, or when the facts fit the policy's uninsured definition. It can cover medical bills, lost wages, and other damages you would have claimed against the other driver if that driver had coverage.

Underinsured motorist coverage

Underinsured motorist coverage is for the driver who has insurance, just not enough. Idaho's bodily injury minimum is $25,000 per person. Serious injuries blow through that number. UIM bodily injury coverage is often the real file once the at-fault driver's insurer pays its limit.

Idaho Code 41-2503 treats a driver whose insurer is insolvent as uninsured, subject to the policy terms. A hit and run can also fall under UM, depending on the policy and the proof you have.

What an uninsured motorist claim is for

An uninsured motorist claim is still a personal injury claim. You still have to show you are legally entitled to recover from that driver. Fault still matters. Idaho's comparative fault rule in Idaho Code 6-801 still applies.

UM is not a shortcut around the crash investigation. Your insurer may ask for medical records, the police report, and a recorded statement. Treat that like any other injury claim. Be careful what you say.

Uninsured driver vs. underinsured driver

An uninsured driver has no liability insurance that applies. An underinsured driver has a policy, but the limits are too small for the harm. Those are different claims on the same auto policy. Mixing them up is how people miss a deadline or sign the wrong release.

Liability insurance on the at-fault driver

Start with the at-fault driver's liability coverage. Ask for written confirmation of the policy limits. If there is no liability insurance, open the UM claim. If there is a small policy, do not assume you should settle it and walk away. That settlement can affect a later UIM claim.

Underinsured motorist coverage is where people get surprised

The Idaho Department of Insurance explains two common UIM forms.

Difference in limits

Difference in limits, or offset: your UIM limit is reduced by what the at-fault policy pays. If you have $25,000 in UIM coverage and the other driver has $25,000 in liability coverage, offset UIM may add nothing.

Excess UIM

Excess: your UIM sits on top of the at-fault limits. $25,000 UIM plus $25,000 liability can mean $50,000 available, if the insurer actually sold excess UIM.

Insurers are not required to offer both types. The DOI disclosure form is supposed to explain which type you have. Read it. The difference is the whole claim.

Underinsured motor vehicle

Idaho Code 41-2503 defines an underinsured motor vehicle as one that is self-insured or insured at least to the 49-117 limits, with the rest of the definition left to the policy. Policy language controls more of UIM than people expect. Read the insurance policy, not a blog summary, before you count on a number.

You are negotiating with your own insurance company

On a UM or UIM claim, your insurer stands in the shoes of the at-fault driver. It has an incentive to dispute fault, dispute the medical treatment, and dispute the value.

Many policies require notice and may require consent before you settle with the at-fault driver's insurer. Settling the small liability policy too soon can damage a UIM claim. Get the policy read before you sign a release.

You can sue an uninsured driver personally. Collecting a judgment from someone with no insurance and no assets is often the problem. UM exists because that lawsuit may not pay the medical bills.

Insurance company steps after a UM or UIM claim

Open the claim in writing. Send the crash facts. Send medical records as they come in. Do not guess about your injuries on a recorded line. Ask what the policy covers and what notice terms apply.

Collision coverage is a different part of the auto policy. It can pay to repair your vehicle subject to a deductible. It is not a substitute for UM bodily injury coverage.

Stacking and multiple policies

Do not assume you can combine, or "stack," every policy in the household. Whether stacking is available depends on the policy language. Idaho does not turn every extra car on a policy into automatic extra UIM.

If two or more people were hurt, each person's claim still has to fit the per-person and per-accident limits. Available coverage is not an unlimited pool.

Filing UM/UIM claims and the Idaho injury timeline

Idaho generally gives two years to file an injury lawsuit (Idaho Code 5-219). UM and UIM claims can have extra policy deadlines on top of that. Missing a policy notice term can be as damaging as missing the statute.

Get medical care. Report the crash. Identify the other driver and the insurer if you can. Photograph the scene. Save witness names. Open the UM or UIM claim in writing. Do not wait for the other driver's insurer to admit it has no coverage.

For the crash itself, see What to Do After a Car Accident in Idaho. For the liability claim against an insured driver, see our car accident lawyer in Idaho Falls page.

How Browning Law handles an uninsured motorist claim in Idaho

Browning Law handles uninsured and underinsured motorist claims as part of our injury practice. Allen Browning has 40+ years in Idaho courts, 114+ jury trials, and insurance-industry experience from before he became a plaintiff's attorney. Personal injury work is contingency. You pay no attorney fee unless we recover money for you, subject to a written agreement. Free initial consultation.

If you want the policy and the crash reviewed, call (208) 542-2700 or start with our personal injury lawyer in Idaho Falls page.

Idaho Falls personal injury

Idaho Falls personal injury work at Browning Law starts with a free consultation. You can ask for a free case evaluation of the UM or UIM file, the medical bills, and whether a personal injury claim is worth filing.

Free case evaluation of the policy

Bring the declarations page, any UM or UIM rejection form, the police report, and the medical bills. Those documents tell you whether uninsured motorist coverage or underinsured motorist coverage actually applies.

Free consultation

Call (208) 542-2700 for a free consultation with an injury attorney. Combined experience on the legal team is 78+ years. Experienced attorneys can discuss your personal injury claim, the at fault driver, and the insurance coverage on both policies.

Idaho Falls personal injury attorney review

An Idaho Falls personal injury attorney can read the auto policy, the UM and UIM limits, and the at-fault driver's liability insurance before you sign a release. That review is often the difference between a closed file and a claim that still has coverage left.

Keep copies of every medical bill, every wage statement, and every letter from the insurance company. Those records are how you prove the uninsured motorist claim or the underinsured motorist claim is worth more than the first offer.

Frequently Asked Questions

Is uninsured motorist coverage required in Idaho?

Insurers must include UM and UIM bodily injury coverage on auto liability policies issued for vehicles registered or principally garaged in Idaho, unless a named insured rejects either or both in writing. Idaho Code 41-2502. A rejection years ago can still control a renewal with the same insurer.

What is the difference between UM and UIM in Idaho?

UM applies when the at-fault driver has no liability insurance. Idaho Code 41-2503 treats a driver whose insurer is insolvent as uninsured, subject to the policy. A hit-and-run can fall under UM if the policy covers it. The Idaho Department of Insurance disclosure says UM may pay for an unknown hit-and-run driver, but Idaho's UM statute does not require that coverage. UIM applies when that driver has insurance, but not enough. UIM is often sold as difference-in-limits (offset) coverage. Some insurers offer excess UIM.

If I have $25,000 in UIM and the other driver has $25,000, do I get more money?

Not if your UIM is offset coverage. The Idaho Department of Insurance example is that matching limits can add nothing. Excess UIM, if you actually bought it, can sit on top of the at-fault limits. Read the declarations page and the DOI disclosure form.

How long do I have to bring an uninsured motorist claim in Idaho?

Most injury lawsuits still fall under Idaho's two-year statute of limitations (Idaho Code 5-219). UM and UIM policies can add notice and consent-to-settle terms. Missing a policy deadline can end the coverage claim even if the statute has not run.

Uninsured motorist coverage

Idaho law requires the offer of this coverage on the liability policy unless the named insured rejects it. Confirm it on the declarations page.

Underinsured motorist coverage

Read whether your UIM is offset or excess before you settle with the at-fault driver's insurance.

Liability insurance

The at-fault driver's liability insurance is the first stop. UM and UIM are the backup when that policy is missing or too small.

At fault driver

You still have to prove the at fault driver caused the crash. Your own insurer can dispute that just like the other company would.

Insurance coverage

Insurance coverage is only as good as the policy terms, the notice you give, and the proof of injury you keep.

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This article provides general information about Idaho law as of 2026. It is not legal advice for any specific situation. Idaho Code sections referenced are cited where applicable. Consult an attorney about your individual circumstances.