From hot summer afternoons on Liberty Lake and Long Lake to quick trips across the state line to Idaho’s Lake Coeur d’Alene or Priest Lake, Spokane residents have unparalleled access to the water. However, an afternoon of recreation can quickly turn into a tragedy when watercraft accidents happen.   Navigating the aftermath requires understanding how the legal and insurance landscape changes when crossing borders.

The Border Dynamic: Washington vs. Idaho Law

If your boating accident occurs on the Washington side, RCW 4.16.080 grants you three years from the date of the crash to file a personal injury lawsuit. Washington also operates under a pure comparative fault model. This means that even if you were 90% responsible for the crash, you can still recover 10% of your financial damages from the other negligent operator.

However, if you launch your boat into Idaho waters – even as a Washington resident, the legal system shifts dramatically under Idaho Code § 5-219:

• A Strict Two-Year Deadline: Idaho cuts your time to file a personal injury lawsuit down to two years. Missing this window completely forfeits your right to compensation.
• The 50% Fault Bar: Idaho follows a modified comparative fault rule. If a jury finds you 50% or more at fault for the accident, you are legally barred from recovering a single penny.

Filing an Insurance Claim

Whether an accident happens in Washington or Idaho, securing compensation often starts with an insurance claim, NOT a lawsuit.  Still, there are key differences in common Washington insurance policies vs. Idaho policies; and which type of policy you have depends on which State your watercraft is registered in.  Things can get even more complicated if an accident occurs while the watercraft is still on land or being towed.

The Bottom Line

Because Spokane sits right next to the state line, cross-border accidents (and insurance) introduce complex issues regarding where and how to file your claim.  If you are injured in a watercraft accident, speak with an experienced, local injury attorney early to guide you through the process and protect your rights.