Idaho Injuries

FAQ Glossary Guides
EN ES

Should I settle my Lewiston gig-driver crash now or wait for a disability rating?

$25,000 can disappear fast if your back or shoulder injury turns into years of treatment.

The rule in Idaho is simple: do not settle before you know your permanent medical picture. Once you sign a release in an injury claim, you usually give up payment for future medical care, future lost income, and reduced earning capacity. Idaho's general filing deadline for an auto injury lawsuit is 2 years from the crash under Idaho Code § 5-219. But if a snowplow, salt truck, or other state or local vehicle was involved, the Idaho Tort Claims Act requires a written tort claim notice within 180 days to the right public entity.

A "disability rating" matters most after you reach maximum medical improvement (MMI). In an auto case, that rating does not create benefits the way workers' compensation would, and most gig drivers for Uber, DoorDash, or Amazon Flex do not get Idaho workers' comp. But a permanent impairment rating from a treating physician can strongly support the value of future care and career impact.

Example: a Lewiston DoorDash driver slides on black ice near US-95 and is hit while making deliveries. The other insurer offers $18,000 after the ER visit and physical therapy. Six months later, the driver still cannot lift more than 20 pounds, loses higher-paying warehouse side work, and a specialist recommends shoulder surgery. If the driver already settled, those later losses are gone. If the driver waits until MMI, gets an impairment rating, and has work restrictions documented, the claim can include:

  • Projected medical costs
  • Lost future earnings
  • Loss of earning capacity
  • Permanent pain and functional limits

The smarter path is usually wait for MMI and the impairment opinion, while protecting every deadline - especially the 180-day notice if any Idaho, Nez Perce County, or City of Lewiston vehicle was involved.

by Travis Sorensen on 2026-03-23

This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.

Talk to a lawyer for free →
← All FAQs Home