Idaho · Comparative Negligence

Idaho Comparative Negligence Rule

Idaho follows a modified 50% bar rule under Idaho Code § 6-801. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

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Key facts: Idaho

Rule type
Modified 50% bar

Claimant barred when fault reaches 50% or more.

Max fault to recover
50%
Idaho Code § 6-801 →
How recovery works
Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified
2026-05-22
Source type
Primary (state statute)

Details for Idaho

Modified comparative negligence with a 50% bar; the plaintiff recovers only when fault is "not as great as" the defendant’s. At exactly 50% the claim is barred.

Related: Idaho statute of limitations

Idaho gives you 2 years to file a personal injury lawsuit under Idaho Code § 5-219(4).

See the full Idaho statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Idaho attorney before relying on it.

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Idaho Comparative Negligence FAQ

What comparative negligence rule does Idaho follow?

Idaho follows a modified 50% bar rule under Idaho Code § 6-801. Claimant barred when fault reaches 50% or more. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Idaho?

Yes, up to a point. In Idaho you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Idaho?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Idaho bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Idaho?

Idaho gives you 2 years to file a personal injury lawsuit under Idaho Code § 5-219(4).

Where can I read the actual rule?

The controlling authority is Idaho Code § 6-801. The full text is available at https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch8/sect6-801/.

See comparative negligence rules for all 51 covered states

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