A sudden, unfortunate car accident in Waterloo can leave you grappling with injuries and consequential losses. There is absolute chaos after a road mishap, and those involved often don’t know what to do next. You are required to stay at the scene. Don’t trust the other party if they say that the accident doesn’t require to be reported. You have to inform the local police and cooperate with the investigation. It is also imperative that you have an iowa car accident lawyer who can guide you through the process. Below are seven essential details worth your attention.
Iowa is a fault state
There are states that follow the no-fault system, where claimants (such as injured pedestrians, drivers, and motorcyclists) have to file a claim with their insurance company. There is limited scope for a party to step outside the system and sue the driver responsible for the accident. Iowa follows the typical fault-based rule. If the other driver violated the law and is accountable for the accident, you can sue them. Usually, you need to file a third-party claim. If the claim is denied by the other party’s insurance company or when the insurance coverage isn’t enough for your losses, you can always file a lawsuit.
Time for filing car accident injury lawsuits
In Iowa, the statute of limitations sets the time limit to file a car accident injury lawsuit. In most circumstances, you have two years to take action, but the deadline isn’t for insurance claims. You have to inform the insurance companies, including your insurer, at the earliest. However, ensure there is time to pursue the matter in court if the claim doesn’t move as expected. If you just want to sue for property or vehicle damage, the time cap is five years.
More than one party is at fault
Let’s take an example – You were slightly over the speed limit, and another vehicle was in the wrong lane. The driver was clearly drunk and responsible for the crash. Here, you are partly at fault, and that could change the compensation you get. Iowa follows the modified comparative fault rule. Your level of responsibility, measured in percentage, will determine what you get as the final amount. You cannot sue the other party if you are majorly responsible for the mishap. If your fault share in this example is 20% and you received $100,000 in a settlement, you will now recover $80,000.
Hiring an attorney is always critical
People often undermine the role of injury lawyers when filing a car accident case. When you are up against the insurance company, you want to avoid risking your chances. Make sure you have an expert on your side. Lawyers are critical for many tasks, including –
- Handling the claims process: You have to deal with the insurance paperwork, and without an attorney, that could be a gigantic task, where mistakes can be expensive.
- Determining damages: Your lawyer is also in charge of determining the damages you can recover, such as your medical bills and lost wages. They will also check whether you can recover non-economic losses.
- Negotiating with the claims adjuster: Don’t expect the insurance company to be fair or honest. The claims adjuster will use tactics, and your lawyer can counter them.
- Investigating the accident: Your attorney will also check how the car accident happened and the evidence that can come in handy to strengthen the lawsuit.
- Fight in court: You need an attorney to fight in court. The lawyer will take the matter to court and complete due process within the deadline to pursue the lawsuit.
Find a local lawyer in Iowa who understands car accident cases.