Motor vehicle accidents are sometimes minor, so the victim only has to deal with a scratched bumper. However, they can also be life-changing. The Hawkeye State is the food capital of the world. Everyone is proud of the dishes it produces, such as Scotcheroos, taco pizzas, and chili with cinnamon rolls.
Likewise, Iowa gets plenty of attention during election years and is the birthplace of Ashton Kutcher (actor) and Herbert Hoover (31st President of the US).
All of those things make Iowa a tourist attraction. Whether one lives here or visits often, it's important to understand that car accidents happen every day.
Who pays for a car accident in Iowa? This blog will answer that question and many others.
Iowa - An At-fault State
People must understand how they get awarded damages (money from a car accident) after an incident occurs. Personal injury indicates that the injured party is entitled to become financially whole again. They should always be compensated to restore their financial condition.
If the victim didn't cause the accident, they shouldn't lose money from it.
Therefore, if the victim was injured in a car accident that wasn't their fault, the other party is responsible for paying the bills associated with any property damage and medical expenses.
Victims have three ways to recover compensation:
File a lawsuit with the help of personal injury attorneys.
File a claim with the victim's own insurance company. It will take the necessary steps to ensure the at-fault driver pays through a third-party claim.
File a claim directly against the other driver's insurance company.
Typically, personal injury lawsuits are the last resort. This only happens if the car insurance policies don't cover damages (in whole or part).
Insurance Company Liability Requirements in Iowa
Iowa drivers are required to have liability insurance, which covers death, bodily injury, and property damage. That includes:
$40,000 per accident for death liability and total bodily injury
$20,000 per person for death or bodily injury
$15,000 per accident for property damages
If the damages from an auto accident exceed the amount the at-fault driver can pay and the victim has no medical payments coverage, they would turn to their insurance company to cover the difference. When that still isn't enough, they're allowed to file a personal injury claim against the other party.
How to File a Lawsuit or Make an Insurance Claim
The burden is on the victim to prove they deserve compensation. This includes causation and injuries.
Overall, the records from the accident can include witness statements and the police report. They must show that the at-fault driver caused the incident, which led to the victim's injuries.
Likewise, the victim must show the full extent of the injuries so that the insurance company knows what medical expenses it must cover.
On the other hand, the burden of proof for a lawsuit is different. The victim must establish negligence. That means the at-fault party caused the accident because they were careless.
Generally, it's difficult to determine what amount of compensation will make a victim whole again after a car accident. Therefore, it's wise to contact motor vehicle accident lawyers in Des Moines for assistance.
The Definition of Negligence
Negligence in a car accident scenario can include many things, such as speeding, running a red light, poor lane changes, driving while distracted, and more.
Every driver has a duty of care to all road users. To prove negligence, the victim's claim must meet these elements:
1. Duty
A duty of care means there was a relationship between the two parties. Ultimately, the other driver should have offered personal injury protection by following the rules of the road and didn't.
2. Breach of Duty
The breach of duty can include using poor judgment, driving recklessly, or speeding. Regardless, the person didn't take into consideration the other people on the road.
3. Causation
Causation means that the accident caused the victim's injuries.
4. Injury
This means that the victim suffered an injury requiring medical treatment.
5. Damages
These are the expenses related to the accident, such as property damage, lost wages, and medical bills.
The Modified Comparative Fault Rule in Iowa
Iowa uses a modified comparative fault system. People often call it the 51% rule.
While Iowa is an at-fault state, the 51% rule is another reason why victims must determine how the car crash happened.
Ultimately, the other party must be 51% or more to blame for the accident before the victim can recover damages. The insurance company or court will review the evidence and assign a percentage of liability to both people.
In most cases, the court will claim that the victim didn't cause the accident, but they could have done something differently to avoid a crash. Therefore, they will likely be assigned some blame. Tom Fowler Law can also explain who pays for a truck accident in Iowa.
Statute of Limitations for an Iowa Car Accident
Every state has a statute of limitations, which is the time frame a victim has to file a lawsuit. If one doesn't start the process by the deadline, the court may refuse to hear the claim.
Iowa law gives victims two years from the accident's date to file a personal injury lawsuit. However, it goes up to five years for property damages.
A lawsuit isn't the same as an insurance claim. Most insurance companies have separate deadlines for a victim to file for compensation, though they are often short. It's wise to speak with an adjuster as soon as possible after the incident.
When to Hire an Iowa Car Accident Lawyer
Typically, it's wise to hire a personal injury lawyer immediately after a car accident. These professionals can help victims go through the auto insurance policy and contact that at-fault driver's adjuster, as well.
Usually, there are questions about the percentage of fault put on each party. Likewise, it might be hard for a victim to assess the actual costs of their losses and the extent of their injuries.
There is only one chance for a victim to receive compensation for medical bills, lost wages, and other economic and non-economic damages. Therefore, it's often wise to hire an experienced injury attorney.
If you have been in a car accident and believe the other driver was negligent, it's important to contact Tom Fowler Law for a free consultation. You don't have to go through this alone.
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