Can I require customers to sign liability waivers in Idaho? What are the requirements?

Liability Waivers and Insurance Requirements in Idaho

In Idaho, it is possible to require customers to sign liability waivers, but there are certain requirements that must be met. According to IDST 28-44-303, a creditor may not contract for or receive a separate charge for insurance against liability unless the insurance covers a substantial risk of liability arising out of the ownership or use of property related to the credit transaction. This means that if you are requiring customers to sign a liability waiver, it must be related to the credit transaction and cover a substantial risk of liability.

Additionally, any liability waiver must be reasonable in relation to the character and value of the property insured or to be insured, and the term of the insurance must be reasonable in relation to the terms of credit [IDST 28-44-301]. This means that the amount, terms, and conditions of the waiver must be reasonable and customary, and cannot extend substantially beyond a scheduled maturity.

It is important to note that these requirements apply specifically to insurance against liability, but they may also be relevant to liability waivers. Therefore, it is recommended that you consult with a legal professional to ensure that any liability waiver you require meets these requirements.

Furthermore, Idaho law requires motor vehicle owners to carry liability insurance [IDST 49-1229]. The insurance must cover loss resulting from liability imposed by law for bodily injury or death or damage to property suffered by any person caused by maintenance or use of motor vehicles described therein in an amount not less than that required by section 49-117, Idaho Code. A certificate or proof of liability insurance must be in the possession of the operator of every motor vehicle or present in every motor vehicle at all times when the vehicle is operated within the state [IDST 49-1232]. The certificate of liability insurance must be issued by an insurance or surety company authorized to do business in the state, by an authorized agent of such a company, or by the director of the department of insurance [IDST 49-1231].

Conclusion

In summary, it is possible to require customers to sign liability waivers in Idaho, but the waiver must be related to the credit transaction and cover a substantial risk of liability. Additionally, the waiver must be reasonable in relation to the character and value of the property insured or to be insured, and the term of the insurance must be reasonable in relation to the terms of credit. It is recommended that you consult with a legal professional to ensure that any liability waiver you require meets these requirements.

Furthermore, Idaho law requires motor vehicle owners to carry liability insurance, and a certificate or proof of liability insurance must be in the possession of the operator of every motor vehicle or present in every motor vehicle at all times when the vehicle is operated within the state. The certificate of liability insurance must be issued by an insurance or surety company authorized to do business in the state, by an authorized agent of such a company, or by the director of the department of insurance.

Jurisdiction

Idaho

• General