Idaho at a glance
Idaho allows two years to sue for an injury to the person or for wrongful death.[1] Claims against a political subdivision must be filed within 180 days.[2] A plaintiff can recover only if their negligence was not as great as the defendant’s.[3] Idaho caps noneconomic damages, adjusted each year.[4]
Filing deadlines
Idaho Code § 5-219(4)
Within two (2) years: … An action to recover damages for professional malpractice, or for an injury to the person, or for the death of one caused by the wrongful act or neglect of another
Source: [1]
In plain English, most injury and wrongful death lawsuits in Idaho must be filed within two years.[1]
Political subdivisions: Idaho Code § 6-906
All claims against a political subdivison arising under the provisions of this act … shall be presented to and filed with the clerk or secretary of the political subdivision within one hundred eighty (180) days from the date the claim arose or reasonably should have been discovered, whichever is later.
Source: [2]
Shared fault
Idaho Code § 6-801
Contributory negligence or comparative responsibility shall not bar recovery in an action by any person or his legal representative to recover damages for negligence, gross negligence or comparative responsibility resulting in death or in injury to person or property, if such negligence or comparative responsibility was not as great as the negligence, gross negligence or comparative responsibility of the person against whom recovery is sought.
Source: [3]
This is modified comparative fault, often called the 50% bar. An injured person whose fault is less than the parties the statute compares them to can recover damages reduced by their share; at 50% or more, recovery is barred.
Damage caps
Idaho Code § 6-1603(1)
In no action seeking damages for personal injury, including death, shall a judgment for noneconomic damages be entered for a claimant exceeding the maximum amount of two hundred fifty thousand dollars ($250,000); provided, however, that beginning on July 1, 2004, and each July 1 thereafter, the cap on noneconomic damages
Source: [4]
Because the cap is adjusted every July 1, the current figure is higher than the $250,000 base stated in the statute.[4]
Auto insurance requirements
The Idaho Driver’s Manual states that vehicles “must carry liability insurance providing the following minimum coverage: $25,000 for injury or death of one person; $50,000 for injury or death of two or more people; and $15,000 for property damage.”[5] Idaho is not one of the no-fault states.[6]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in Idaho?
In plain English, most injury and wrongful death lawsuits in Idaho must be filed within two years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- Idaho Code § 5-219. Idaho Legislature. https://legislature.idaho.gov/statutesrules/idstat/title5/t5ch2/sect5-219/
- Idaho Code § 6-906. Idaho Legislature. https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch9/sect6-906/
- Idaho Code § 6-801. Idaho Legislature. https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch8/sect6-801/
- Idaho Code § 6-1603. Idaho Legislature. https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH16/SECT6-1603/
- Idaho Transportation Department. Idaho Driver’s Manual, Chapter 10. https://apps.itd.idaho.gov/apps/dmv-audio/documents/DLChapter10.pdf
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
