Question 1

Does Idaho allow UM/UIM stacking?

Accepted Answer

The statute is silent. Idaho Code 41-2502 requires UM and UIM coverage unless rejected, and says nothing about adding limits together. Secondary summaries of Idaho case law report that courts allow stacking unless the policy clearly and unambiguously bars it. We did not read the decisions, so ask an attorney before relying on a stacked figure.

Question 2

Is underinsured coverage required in Idaho?

Accepted Answer

Yes, unless rejected. A policy subject to the financial responsibility law must provide UM and UIM coverage, in limits set by Idaho Code 49-117, for people legally entitled to recover damages from uninsured and underinsured drivers. A named insured may reject either or both in writing or in an electronic record (41-2502(1) and (2)).

Question 3

What are the minimum limits in Idaho?

Accepted Answer

$25,000 per person and $50,000 per accident for bodily injury, and $15,000 for property damage (Idaho Code 49-117).

Question 4

What must my insurer tell me about UIM?

Accepted Answer

Before issuing a new policy, or at the first renewal or replacement of an existing one with an effective date on or after January 1, 2009, the insurer must give a named insured a standard statement approved by the director of the department of insurance, summarizing UM and UIM coverage and the different forms of UIM that may be available (41-2502(3)).

Question 5

How long do I have to sue?

Accepted Answer

An action to recover damages for an injury to the person must be commenced within 2 years (Idaho Code 5-219(4)). That is the tort deadline; ask an attorney about the deadline in your own policy for a claim against your insurer.

Idaho UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Idaho's UM statute says nothing about stacking, so your policy wording decides

Idaho UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Idaho's UM statute says nothing about stacking, so your policy wording decides

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