Is this release, signed shortly after our counterparty's personal injury, immune from being disavowed later?
No: a release signed within 15 days of the injury can be disavowed by the injured person for up to a year. Idaho Code § 29-113: "Any agreement entered into by any person within fifteen (15) days after he incurs a personal injury, which may adversely affect his right to be compensated for such injury, may be disavowed by such injured person within one (1) year after the making of the agreement. No agreement disavowed may be introduced as evidence in any subsequent court or administrative proceeding." The Idaho opinions that cite it do so for its policy rather than to decide a disavowal. Ranta v. Rake, setting aside a general release signed by an injured plaintiff, pointed to § 29-113 as "indicative of recognition by the Idaho legislature, that releases of claims for personal injuries involve special policy considerations." Larson v. Emmett Joint School District No. 221 attached its footnote to the argument that the claimant "was approached by and dealt with another insurance agent even while she was in the hospital", and called § 29-113 "[i]ndicative of the legislative frame of mind as to whether an accident victim should reasonably be 'doing business' with regard to his legal rights and claims arising out of a personal injury suffered in the accident," before quoting the section in full.
The trap
The 15-day trigger runs from the INJURY, not from any notice-of-claim deadline or the release's own effective date: a release signed on day 16 or later falls outside § 29-113's disavowal window entirely, even if the negotiation began during the 15-day period. The disavowal right itself then runs for a full year from the AGREEMENT's making, not from the injury: two different clocks measured from two different events. And the consequence of disavowal is not merely that the release stops binding the parties going forward: the statute bars the disavowed agreement from being introduced "as evidence in any subsequent court or administrative proceeding" at all, which forecloses using it even for a limited purpose (such as showing the amount previously offered) once disavowed. The rule above is drawn from the statute's own text and from two confirmatory cases, Ranta (1966) and Larson (1978), both of which cite § 29-113 for legislative policy. No Idaho decision applying § 29-113 to an actual attempted disavowal was found, so the statute's practical operation, including whether any particular form of disavowal is required, is not settled by any decision read here.
4 authorities
- statuteIdaho Code § 29-113enactment date not established
The words that state the rule
Any agreement entered into by any person within fifteen (15) days after he incurs a personal injury, which may adversely affect his right to be compensated for such injury, may be disavowed by such injured person within one (1) year after the making of the agreement. No agreement disavowed may be introduced as evidence in any subsequent court or administrative proceeding.
- case577 P.2d 1168Larson v. Emmett Joint School District No. 221Idahodecided 1978read it at the source ↗
The words that state the rule
In particular, respondent points to the fact that Larson was approached by and dealt with another insurance agent even while she was in the hospital 3 and that during the relevant time frame her father was at home with her and *123 could have filed on her behalf.
- case577 P.2d 1168Larson v. Emmett Joint School District No. 221Idahodecided 1978read it at the source ↗
The words that state the rule
3 . Indicative of the legislative frame of mind as to whether an accident victim should reasonably be “doing business” with regard to his legal rights and claims arising out of a personal injury suffered in the accident, we have the benefit of I.C. § 29-113, which provides: 29-113. Release for personal injury. — Any agreement entered into by any person within fifteen (15) days after he incurs a personal injury, which may adversely affect his right to be compensated for such injury, may be disavowed by such injured person within one (1) year after the making of the agreement. No agreement disavowed may be introduced as evidence in any subsequent court or administrative proceeding.
The words that state the rule
See also I.C. § 29-113 [1] , which we find is indicative of recognition by the Idaho legislature, that releases of claims for personal injuries involve special policy considerations.
“Defective” means that reading found something to correct. What you are reading is the rule as it stands after that reading.