Insurance Companies Should Be Aware Of Idaho Code § 29-113 

April 25, 2023

Insurance companies may often feel incentivized to seek early settlement with a person who has suffered a personal injury. However, in Idaho, there is a potential risk that insurers should be aware of before doing so.

Under Idaho Code § 29-113, a person who enters into an agreement within 15 days after incurring a personal injury and which agreement may adversely impact his or her right to be compensated for such injury may disavow the agreement within one year. While Idaho courts have not yet addressed the implications of the statute, the statute seems to suggest that any agreement fitting the above description is voidable for a period of time if it is executed within 15 days of the injury.

Insurance companies should be aware of the implications of the statute and should think twice before getting personal injury releases too early. One simple way to avoid the risk—abstain from seeking settlement until 16 or more days after the personal injury.

Please contact a Gjording Fouser lawyer at 208.336.9777 if you would like any additional information about this topic or any other issues facing your company.