In an action against an owner of a motor vehicle under Idaho Code Section 49-2417, the operator of the vehicle whose negligence is imputed to the owner must be made a party defendant if the operator can be personally served in Idaho.
Rule 19.1.Motor vehicle operator
Title IV: Parties · Last amended July 1, 2016 · Last verified July 14, 2026
In one sentenceRule 19.1 requires that the driver whose negligence is being imputed to a vehicle owner under Idaho's owner-liability statute be named as a defendant whenever that driver can be personally served within Idaho.
Full Text of Rule 19.1
Amendment History
(Adopted March 1, 2016, effective July 1, 2016.)
Plain-English Summary
Idaho law lets an injured person sue a vehicle's owner for a driver's negligence in certain circumstances, treating the driver's fault as if it were the owner's own under Idaho Code Section 49-2417. Rule 19.1 makes sure the person responsible for the driving doesn't stay out of the case just because the owner is easier to collect from. If the operator can be personally served somewhere in Idaho, the rule requires that operator to be named and brought in as a defendant alongside the owner.
The requirement is narrow and specific to this one type of claim; it doesn't create a general rule about joining drivers in every accident case. It applies only when liability is being imputed to an owner under the statute, and only when the operator can be reached by personal service within the state. If the operator can't be served in Idaho, this rule doesn't force the plaintiff to chase them down elsewhere before the case against the owner can move forward.
Frequently Asked Questions
When does Rule 19.1 require naming the driver as a defendant?
Whenever a plaintiff sues a vehicle owner under Idaho Code Section 49-2417 for the operator's imputed negligence and the operator can be personally served somewhere in Idaho.
What is Idaho Code Section 49-2417?
It's the statute that, in certain circumstances, imputes a motor vehicle operator's negligence to the vehicle's owner.
What if the driver can't be found or served in Idaho?
Rule 19.1's joinder requirement doesn't apply, and the plaintiff isn't forced to pursue service that isn't possible.
Is Rule 19.1 the same as Rule 19's general joinder rule?
No. Rule 19.1 is a narrower, Idaho-specific rule aimed only at owner-liability motor vehicle cases under the state statute.
Can I sue just the vehicle owner without naming the driver?
Not if the driver can be personally served in Idaho. The rule requires the operator to be made a party defendant in that situation.
Source & verification. Rule text
are reproduced verbatim from the Idaho Rules of Civil Procedure, adopted by the
Supreme Court of Idaho. Last verified July 14, 2026. ·
Official source
Also known as: motor vehicle owner liability idahoimputed negligence driver joindersue car owner idahoidaho code 49-2417 ruleadd the driver as a defendant