Attorneys
Car accidents are one of the most common ways for a child to be injured here in Iowa. Common injuries in children include muscle sprains and strains, broken bones, concussions, and other serious injuries, depending on whether they were restrained or not.
We all should know what Iowa law requires for children up to the age of 18 for proper restraints in a car.
- Children under one year old and weighing less than 20 pounds are required to be in a secured rear-facing car seat.
- Children under 6 must be in either a car seat or a booster seat with a seatbelt on.
- Children ages 6 to 11 must be secured by a child restraint system like a car seat or a safety belt.
- All other children under the age of 18 must be secured by a seatbelt.
Children who are not properly restrained usually sustain the worst injuries. Unfortunately, if a child is ejected from a vehicle, then the chances of serious injury or death increase dramatically.
As parents, we know that it can be challenging to have your child restrained in a vehicle, especially during longer trips, but would you rather have your child seriously injured or worse?
How can failing to use a child restraint or seatbelt cost thousands of dollars?
Under a new law passed by the Iowa legislature, the amount of compensation that you or your child receives can be greatly reduced for failing to be restrained. If substantial evidence is produced that the lack of a seat belt or restraint played a role in the injuries, then compensation can be reduced by up to 25%.
So, for example, if a judge or jury determined that the damage sustained is $100,000, but there is substantial evidence that the injuries would not have been as bad if a seat belt or restraint were used, then the verdict may be reduced by up to 25% which would mean $75,000 instead of $100,000. These new laws are very specific, and you should consult with an experienced Iowa car accident attorney to see if they apply to your case.
What else do you need to know about car accidents in Iowa?
Be careful of the insurance adjustor.
The insurance company for the driver who caused your injuries may be nice and tell you what you want to hear, but they are not looking out for your best interests. For example, the adjustor may have said “send all the bills to me”, but that does not mean they will pay the bills.
This is a common insurance company tactic that is designed to put pressure on you to settle your case. Under almost all circumstances, if you have health insurance, your medical bills should be submitted to your health insurance so they can be paid.
Otherwise, if you wait too long to submit your medical bills and the other driver does not have enough insurance coverage (Iowa’s minimum insurance policy limit is only $20,000), you could be left having to pay medical bills that your health insurance would have paid. More on this later.
Do not rush to settle your case.
If you or your children are still being treated for sustained injuries, then you should not even consider attempting to settle your case. Generally, you have up to 2 years under Iowa law to either settle your case or have a lawsuit filed against the negligent driver. Children have even longer to pursue their injury claims, but parents are generally limited to 2 years, including the medical expenses for their children.
Do not wait too long either.
You would never want to wait too long before settling your case or contacting an attorney to file a lawsuit because, frankly, your last-minute call a week or two before your statute of limitations expires creates too many unnecessary risks and potential problems.
Also, if there are children involved, depending upon the extent of their damages, a Conservatorship may need to be established with the Court, which can take a few months. Therefore, if you are still having problems after a car accident, we recommend that you contact an attorney within 30 days to at least learn more about your rights.
It is best to contact an attorney within 18 months of the accident. If you are not ready to call an attorney, but would like more information about car accidents in Iowa, then Claim Your Copy of our book available to you and no risk or cost at www.IowaCarCrash.com. Our book provides you with more tips and teaches you about the 7 Secrets to Not Wreck Your Iowa Car Accident case and much more.
Continue to Treat.
One of the biggest mistakes we see people make is not going to doctors when they still have pain and problems. Yes, some people think they will just “tough it out”, but that is a bad idea if you plan to seek compensation. If you do not go to a doctor, then the insurance adjustor and perhaps eventually a judge or jury will assume that you were fine.
Along the same lines, if you are recommended to do physical therapy, but you only go some of the time, this will also damage the value of your case. The bottom line is, if you are having pain and problems, go see your doctor and do what your doctors recommend. If your doctors do not have anything else to recommend to you, then ask for a referral to someone who may be able to help, like a pain management physician.
Pain management doctors are usually either Anesthesiologists (yes, the ones who put you under for surgery) who specialize in pain management and can provide injections, medication, etc., or Physical Medicine and Rehabilitation doctors (also known as physiatrists) who prescribe medications, therapy, etc., but normally do not do injections, but can refer you for various pain management procedures.
What if the driver does not have enough insurance?
This is an all-too-common problem that we see in Iowa, as a small percentage of Iowans purchase $100,000 or more in coverage, and if your injuries exceed the amount of insurance coverage, you can look at their personal assets, but more likely, you will want to look to your own UIM (underinsured motorist) coverage. Unless you waived this coverage in writing, you should have additional coverage, which usually matches your liability coverage, that you can collect from when your damages exceed the insurance that the other driver has.
Now there are proper procedures that must be followed, or you could forfeit coverage, including not settling with the other driver until you have approval from your own insurance company. Your insurance company wants to verify that the other driver does not have collectible assets before providing you with coverage.
If you were to settle without their permission and the other driver turns out to have collectible assets, then you may have no UIM coverage to collect upon, and having settled with the other driver, you may be out of luck.
Contacting a Car Accident Injury Lawyer in Iowa
These are just some of the various topics that we cover in our Iowa Car Accident book that we offer at no cost because we have seen too many hardworking people make costly mistakes and get taken advantage of by insurance companies.
If you would like to speak with one of our qualified car accident attorneys, Call Now at 641-792-3595, and we will explain your rights and let you know if we think you need an attorney right now or not. That’s right, every week we tell people that they do not need to hire us because we would not want to receive a fee on a case unless we can help and have earned it.
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