In the United States, there are approximately 228 million licensed drivers, and in the state of Iowa alone, there are over 2.2 million. Unluckily, when there are that many people driving on the road, accidents are certain to take place. In addition, there has been a rise in the number of accidents as the prevalence of distractions has grown. The reality is that the vast majority of accidents are preventable. If, on the other hand, one of the drivers is careless or irresponsible, it makes it impossible for the other motorist to escape the collision. The majority of collisions are the result of some form of negligent behavior, whether it is texting while driving, driving under the influence of alcohol, or disobeying traffic signs.
Unluckily, some accidents end in fatalities, which almost certainly will lead to a lawsuit for wrongful death. If you or a member of your family has been injured in an accident that was not your fault, you will need to demonstrate that the other person was negligent in order to be awarded compensation that is appropriate. There are situations in which it is easy to determine which person was at blame or irresponsible, but in most cases, more proof is required. In the aftermath of a motor vehicle collision, it is in everyone’s best interest to discuss their legal options with a seasoned personal injury attorney.
What should you do after an automobile accident?
Following being in a vehicle accident, ensuring that you are safe should be your top concern. There are specific measures that may be taken to protect not just your well-being but also the well-being of everyone else who is present at the scene. In the event that you are involved in an accident, the following advice may come in handy for you:
- Do a self-examination for any injuries, and then dial 911.
- Make sure everyone is okay and see if any of the other passengers have been hurt.
- Go to a place of relative safety.
- Stay in the surrounding area where the accident occurred and wait for the arrival of rescue teams and the authorities.
- Snap some photos of the accident site and trade details with the other motorists or drivers.
- Get a copy of the report made by the police as well as statements from any witnesses.
When you ask the other motorist for their information, be sure to acquire their full name, information about their insurance, the make and model of their car, the number of their license plate, and the area of the collision. In addition, make sure to document the accident as thoroughly as possible by taking as many images as you can. This will come in handy when determining who was responsible for the collision.
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How do you go about filing a claim for a vehicle accident in Iowa?
If you were in an automobile accident that caused injury or death in Iowa, you must call the police immediately. In addition, in the state of Iowa, each accident that results in injury, death, or property damage amounting to at least $1,500 must be documented on a form titled “Iowa Accident Report,” unless the police agency files its own report. Your permission to drive will be revoked if you fail to make a report within the first three days after the incident.
In addition to that, information on insurance coverage needs to be given. If you are unable to present evidence that you are covered by insurance, your driver’s license in the state of Iowa will be suspended.
The next thing you need to do is make a decision on whether or not you want to file a lawsuit against the party responsible for the incident and whether or not you want to resolve the matter through a settlement or a trial. In most cases, the claims process will begin with talks over a possible settlement. On the other hand, in the event that you reject the proposed terms of the settlement, your attorney can be ready to argue your case in court. You have the option to go via the court system in Iowa rather than participate in settlement conferences because they are not required in the state of Iowa.
How do you go about filing a claim for a vehicle accident in Iowa?
If you were in an automobile accident that caused injury or death in Iowa, you must call the police immediately. In addition, in the state of Iowa, each accident that results in injury, death, or property damage amounting to at least $1,500 must be documented on a form titled “Iowa Accident Report,” unless the police agency files its own report. Your permission to drive will be revoked if you fail to make a report within the first three days after the incident.
In addition to that, information on insurance coverage needs to be given. If you are unable to present evidence that you are covered by insurance, your driver’s license in the state of Iowa will be suspended.
The next thing you need to do is make a decision on whether or not you want to file a lawsuit against the party responsible for the incident and whether or not you want to resolve the matter through a settlement or a trial. In most cases, the claims process will begin with talks over a possible settlement. On the other hand, in the event that you reject the proposed terms of the settlement, your attorney can be ready to argue your case in court. You have the option to go via the court system in Iowa rather than participate in settlement conferences because they are not required in the state of Iowa.
In the event of an automobile accident, what kinds of damages can you recover?
There is no cap placed on the amount of compensation that can be obtained following an accident in the state of Iowa. But, there is one instance in which your damages may be limited, and that is if it is determined that you were partially responsible for the accident. In this case, you may only be entitled to a portion of the total award (modified comparative fault law).
After being involved in an automobile accident, the most common forms of losses that may be recovered are economic and non-economic damages. Expenses that are more difficult to quantify fall under the category of non-economic damages. They include things like:
- Disfigurement
- Disability
- Pain and suffering
- Future earning potential
Whereas economic damages consist of costs that are easier to calculate, such as the following:
- Repairs to your automobile
- Future medical expenditures, and several other medical costs
- Earnings that were lost
- Past medical costs
In most cases, the extent of the economic losses will be determined by using the information that can be obtained from a variety of papers, quotations, or receipts.
What would happen if you were in an accident with a driver who did not have insurance?
Suing the other motorist for damages to pay any medical claims or repair costs can be a time-consuming and complex process if the other driver does not have any coverage at all or coverage that is acceptable. In situations like this one, the supplemental insurance protection that is available to you may end up being of crucial significance in helping you save both time and money.
Though uninsured motorist coverage and underinsured motorist coverage are not required in the state of Iowa, you should still think about acquiring them. Because an average of 11.3% of drivers on the road in Iowa do not have auto insurance, this implies that if you are involved in an accident, the other motorist has a 1 in 9 chance of not having coverage for your injuries and damages.
Insurance companies in the state of Iowa are required to be able to provide drivers the option to purchase uninsured motorist (UM) or underinsured motorist (UIM) coverage at a minimum of $20,000 per person and $40,000 per accident. This decision must be made available by the insurance companies. The majority of plans will automatically include this coverage, and if you do not want to have UM/UIM coverage, you will need to opt-out in writing.
Following a vehicle accident, what do you need to do to establish that someone else was at fault?
Before a person or organization may be held legally accountable for the injury they caused, it is necessary to establish that they acted negligently, which is a legal concept. It is crucial to demonstrate carelessness in the vast majority of situations involving accidents or catastrophic injuries. The legal theory of negligence will form the basis of the majority of, if not all, lawsuits arising from automobile collisions; it is the responsibility of the party filing the claim to prove that all of the prerequisites for carelessness have been satisfied.
What is the time limit for filing a claim for damages after a car accident in the state of Iowa?
In the state of Iowa, the statute of limitations for an automobile accident is two years from the date of the car crash. Once that amount of time has passed, the plaintiff will no longer have the opportunity to file a case, and the defendant will no longer be held accountable for damages.
The plaintiff has until the deadline specified by the statute of limitations to file the complaint against the defendant. It makes no difference either way if the entire legal process takes longer than that to get to a conclusion. If the lawsuit is filed within the allowed time limit of two years, the plaintiff has the legal right to recover.
The statute of limitations for bodily injuries is two years, although it only applies to injuries suffered. After being involved in a collision with another vehicle, the plaintiff will have more time to submit a claim for compensation of property damages to the car. The statute of limitations for filing a claim due to property damage in the state of Iowa is five years.
Talk to an expert car accident lawyer in Iowa
We believe in offering counsel that is honest, realistic, and timely. This will help you to focus on rehabilitation and eliminate the stress that comes with filing a claim or a lawsuit following an accident.
Our expert attorneys have extensive expertise in representing clients in all aspects of court procedures, including negotiations with insurance companies. We will never let anything get in the way of protecting your rights, regardless of whether you want to take your case all the way to court or try to resolve it via settlement discussions. You are entitled to a settlement as well as a conclusion that is reasonable and fair.
Because we are aware that no two instances involving automobile collisions are identical, we will never treat any two of our clients in the same manner. Your situation is one of a kind, and because of this, our staff will give it the careful attention it deserves in order to find you the most favorable settlement. We are concerned about the result of your case and are committed to assisting you throughout the legal procedure. We want you to receive the advice and direction that is most appropriate for you so that you may make decisions about your future that are based on accurate and up-to-date information.
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