Uninsured/Underinsured Motorist Complaint

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

State of Idaho — District Court

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Information
5. Coverage Type — UM vs. UIM
6. Facts of the Accident
7. Uninsured/Underinsured Status of At-Fault Driver
8. Exhaustion of Liability Coverage
9. Breach of Contract
10. Bad Faith (If Applicable)
11. Damages
12. Stacking Allegations
13. Arbitration vs. Litigation
14. Prayer for Relief
15. Verification
16. Idaho Practice Notes

1. CAPTION

IN THE DISTRICT COURT OF THE [____] JUDICIAL DISTRICT

OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [____]

COMPLAINT FOR UNINSURED/UNDERINSURED MOTORIST BENEFITS

2. PARTIES

2.1 Plaintiff

1. Plaintiff, [PLAINTIFF FULL LEGAL NAME], is an individual who at all relevant times resided at [________________________________], [CITY], Idaho [__________].

2. Plaintiff was, at the time of the incident, a named insured or covered person under a motor vehicle insurance policy issued by Defendant that included UM/UIM coverage.

2.2 Defendant — Insurance Company

3. Defendant, [INSURANCE COMPANY FULL LEGAL NAME], is an insurance company organized under the laws of [________________________________], authorized to transact insurance business in the State of Idaho, with its principal place of business at [________________________________].

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Idaho Code § 1-705 (District Court general jurisdiction).

5. Venue is proper in [____] County because (select applicable):

☐ The accident occurred in [____] County
☐ Defendant transacts business in [____] County
☐ Plaintiff resides in [____] County

4. INSURANCE POLICY INFORMATION

6. At all relevant times, Plaintiff was insured under a motor vehicle insurance policy issued by Defendant, Policy No. [________________________________], effective from [__/__/____] to [__/__/____].

7. The policy provided the following relevant coverages:

☐ Uninsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Underinsured Motorist Bodily Injury: $[________] per person / $[________] per accident
☐ Bodily Injury Liability: $[________] per person / $[________] per accident
☐ Property Damage Liability: $[________]

8. The named insured did not reject UM/UIM coverage in writing as permitted by Idaho Code § 41-2502.

9. Plaintiff paid all required premiums and complied with all policy conditions.

UIM Coverage Type (select applicable):

☐ Offset/Difference in Limits — UIM coverage pays the difference between the tortfeasor's liability limits and the insured's UIM limits.

☐ Excess/Add-On — UIM coverage pays in addition to the tortfeasor's liability limits, up to the insured's UIM limits.

5. COVERAGE TYPE — UM vs. UIM

10. This claim is brought under (select applicable):

☐ Uninsured Motorist (UM) Coverage — The at-fault driver had no applicable bodily injury liability insurance at the time of the accident.

☐ Underinsured Motorist (UIM) Coverage — The at-fault driver had bodily injury liability insurance with limits insufficient to compensate Plaintiff for the full extent of injuries and damages.

☐ Uninsured Motorist (UM) Coverage — Hit-and-Run — The at-fault vehicle left the scene and the owner/operator cannot be identified.

☐ Uninsured Motorist (UM) Coverage — Insurer Insolvency — The at-fault driver's insurer is insolvent.

6. FACTS OF THE ACCIDENT

11. On or about [__/__/____], at approximately [____] ☐ a.m. ☐ p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [CITY], [____] County, Idaho.

12. At said time and place, a motor vehicle operated by [AT-FAULT DRIVER NAME, if known] (hereinafter "Tortfeasor") collided with Plaintiff's vehicle.

13. The collision occurred under the following circumstances: [________________________________]
    [________________________________]
    [________________________________]

14. The Tortfeasor was negligent in one or more of the following respects:

☐ Failing to maintain a proper lookout
☐ Failing to yield the right-of-way
☐ Operating at an excessive or unreasonable speed
☐ Following too closely in violation of Idaho Code § 49-638
☐ Operating a vehicle while under the influence of alcohol or drugs
☐ Violating applicable Idaho traffic laws, specifically: [________________________________]
☐ Other: [________________________________]

15. As a direct and proximate result of the Tortfeasor's negligence, Plaintiff sustained serious bodily injuries and damages.

7. UNINSURED/UNDERINSURED STATUS OF AT-FAULT DRIVER

16. The Tortfeasor's vehicle qualifies as an uninsured/underinsured motor vehicle because (select applicable):

☐ No bodily injury liability insurance was in effect at the time of the accident
☐ The applicable insurer has denied coverage
☐ The applicable insurer is insolvent
☐ The vehicle is a hit-and-run vehicle whose owner/operator cannot be identified
☐ The bodily injury liability limits ($[________]) are less than Plaintiff's total damages

17. [If UIM:] The Tortfeasor maintained bodily injury liability insurance through [________________________________] with limits of $[________] per person / $[________] per accident, which are insufficient to fully compensate Plaintiff.

8. EXHAUSTION OF LIABILITY COVERAGE (UIM Claims)

18. [If applicable:] Plaintiff has exhausted or is in the process of exhausting the Tortfeasor's bodily injury liability coverage, having received or being entitled to $[________] representing the full policy limits.

19. Despite such payment, Plaintiff's damages substantially exceed the Tortfeasor's liability limits, triggering UIM coverage under the policy.

9. COUNT I — BREACH OF CONTRACT

20. Plaintiff re-alleges and incorporates all preceding paragraphs.

21. The insurance policy constitutes a valid and enforceable contract between Plaintiff and Defendant.

22. Plaintiff has satisfied all conditions precedent under the policy, including timely notice of the accident and claim, cooperation with investigation, and payment of premiums.

23. Defendant has breached the contract by failing and refusing to pay UM/UIM benefits owed to Plaintiff under the policy and Idaho Code § 41-2502.

24. As a direct and proximate result of Defendant's breach, Plaintiff has been damaged in an amount to be proven at trial.

10. COUNT II — BAD FAITH (If Applicable)

25. Plaintiff re-alleges and incorporates all preceding paragraphs.

26. Under Idaho law, Defendant owed Plaintiff a duty of good faith and fair dealing in the handling and payment of the UM/UIM claim.

27. Defendant breached this duty by engaging in the following conduct:

☐ Failing to conduct a reasonable and timely investigation
☐ Unreasonably delaying the processing and payment of the claim
☐ Denying the claim without a reasonable basis in law or fact
☐ Failing to effectuate a prompt, fair, and equitable settlement when liability was clear
☐ Misrepresenting policy provisions to the insured
☐ Other: [________________________________]

11. DAMAGES

28. As a direct and proximate result of the accident and Defendant's failure to pay benefits, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[________]
☐ Future medical expenses: $[________]
☐ Past lost wages/income: $[________]
☐ Future lost earning capacity: $[________]
☐ Pain and suffering: $[________]
☐ Mental anguish and emotional distress: $[________]
☐ Loss of enjoyment of life: $[________]
☐ Disfigurement/disability: $[________]
☐ Loss of consortium (if applicable): $[________]
☐ Punitive damages (bad faith claim — clear and convincing evidence required): $[________]
☐ Attorney fees pursuant to Idaho Code § 41-1839: $[________]

12. STACKING ALLEGATIONS

29. ☐ Plaintiff asserts the right to stack UM/UIM coverages across multiple vehicles insured under the same policy and/or multiple policies.

30. ☐ Plaintiff contends no valid anti-stacking waiver was executed by the named insured.

31. ☐ Plaintiff acknowledges an anti-stacking provision exists but contends it is unenforceable because: [________________________________]

13. ARBITRATION VS. LITIGATION

32. ☐ The policy does not contain a mandatory arbitration clause, and Plaintiff elects to pursue this claim through litigation.

33. ☐ The policy contains an arbitration clause, but Plaintiff contends it is unenforceable because: [________________________________]

34. ☐ Plaintiff has completed arbitration and seeks judicial confirmation or vacation of the award.

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant as follows:

a. Compensatory damages in an amount to be determined at trial;

b. UM/UIM policy benefits in the full amount owed under the policy;

c. Pre-judgment and post-judgment interest at the statutory rate per Idaho Code § 28-22-104;

d. Attorney fees pursuant to Idaho Code § 41-1839;

e. Punitive damages for bad faith conduct (if applicable);

f. Costs of suit pursuant to Idaho Rule of Civil Procedure 54;

g. Such other and further relief as this Court deems just and proper.

15. VERIFICATION

STATE OF IDAHO )
) ss.
County of [____] )

I, [PLAINTIFF FULL LEGAL NAME], being first duly sworn upon oath, depose and state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

Signature: [________________________________]

SUBSCRIBED AND SWORN to before me this [____] day of [________________], [____].

Notary Public for the State of Idaho
Residing at: [________________________________]
My commission expires: [__/__/____]

RESPECTFULLY SUBMITTED,

[________________________________]
Attorney for Plaintiff
Idaho State Bar No. [________________]
[________________________________]
[________________________________]
[CITY], Idaho [__________]
Telephone: [________________________________]
Email: [________________________________]

16. IDAHO PRACTICE NOTES

Statutory Framework:

• Idaho Code § 41-2502 mandates UM and UIM coverage in all motor vehicle liability policies unless rejected in writing by the named insured.
• Insurers must provide a Director-approved standard disclosure statement explaining UM, UIM, and different UIM forms available (effective 1/1/2009).
• Two forms of UIM exist: offset (difference in limits) and excess (add-on). The form chosen significantly affects recovery.

Written Rejection:

• UM/UIM coverage may only be rejected in writing by the named insured.
• The rejection must be knowing and voluntary; if the insurer fails to obtain a valid written rejection, coverage applies by operation of law.

Stacking:

• Stacking is permitted unless the insured has signed a valid written anti-stacking waiver.
• Review case law, including Farmers Ins. Co. of Idaho v. Talbot, 133 Idaho 428 (1999).

Attorney Fees:

• Idaho Code § 41-1839 entitles the insured to attorney fees when the insurer fails to pay an amount justly due within 30 days after proof of loss.

Statute of Limitations:

• Personal injury: Two (2) years from the date of injury (Idaho Code § 5-219(4)).
• Contract claims: Five (5) years written (Idaho Code § 5-216); four (4) years oral (Idaho Code § 5-217).

Comparative Fault:

• Idaho applies modified comparative fault (Idaho Code § 6-801); plaintiff barred if equally or more at fault than defendant(s).

Minimum Insurance Requirements:

• Bodily Injury Liability: $25,000 per person / $50,000 per accident.
• Property Damage Liability: $15,000 per accident.

SOURCES AND REFERENCES

• Idaho Code § 41-2502 — Uninsured and Underinsured Motorist Coverage
• Idaho Department of Insurance — Required Auto Coverage
• Idaho UM/UIM Overview — Idaho State Bar
• Idaho UM/UIM Stacking Guide