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If you or a loved one has been injured in a car accident in Bellevue, you likely have questions. Who is going to pay your medical bills? How will your lost wages be covered? Does the other driver even have enough insurance to take care of your damages? Every week, Iowans injured in car accidents ask these same questions, and the terms used by insurance companies can be confusing and hard to understand. As a Bellevue resident injured in a car crash, you have both rights and responsibilities that you should know in order to avoid making a costly mistake in your case. This guide walks through some of the most important issues Bellevue car accident victims need to understand, from insurance basics to back injuries and traumatic brain injuries.
Common Questions After a Bellevue Car Accident
Should a Bellevue accident victim tell their medical providers to bill the other driver's insurance company? No. Doing this often means medical bills will not be paid, and the bills may eventually be turned over to a collection agency. The other driver's insurance company will almost never pay medical bills as they are incurred. An adjuster may say to send the bills along, but that is not the same as an agreement to actually pay them. This is a common technique used by adjusters to later pressure an injured Bellevue resident into a cheap settlement once collection agencies start calling. Instead, bills should first be submitted to the injured person's own health insurance. If health insurance is not available, but the person has medical payments coverage on their own car insurance policy, those bills can be submitted there instead.
Will the other driver's insurance company pay lost wages? Rarely. A Bellevue resident who cannot work due to car accident injuries will need to look to other coverage that may be available, such as short term disability or accident and sickness insurance. Sick time, personal days, or vacation time may also need to be used in the meantime. Loans against a future settlement are generally a last resort, since interest rates and fees on this type of financing can be extremely high and may leave an injured person with little or nothing once the case resolves.
How can a Bellevue accident victim know if the other driver has enough insurance? Insurance companies often avoid disclosing how much coverage is available, since they do not want an injured party asking for more money once they know a larger policy exists. Iowa law does not require an insurance company to disclose the amount of coverage until a lawsuit is filed, at which point it becomes discoverable.
Key Terms Every Bellevue Car Accident Victim Should Know
Insurance companies use a lot of unfamiliar language during a claim. Understanding a few key terms can help a Bellevue resident avoid confusion and costly mistakes.
- Recorded statement: The other driver's insurance company will often ask for a recorded statement. There is no legal obligation to provide one, and doing so often hurts a claim more than it helps. Casual comments made shortly after a crash, such as saying an injury feels minor, can later be used to suggest a person is being untruthful if more serious symptoms develop.
- EOB (explanation of benefits): This is sent by a health insurance company, or sometimes a car insurance company, after medical payments coverage is used. It is important to read the EOB closely to confirm bills are actually being paid and to respond if more information about the accident is requested.
- UIM (underinsured motorist) coverage: This is coverage under a person's own car insurance policy that provides additional compensation if the at-fault driver did not carry enough insurance. Successfully collecting UIM benefits generally requires written approval from the insurer before settling with the other driver, an agreement on how subrogation interests will be repaid, and a lawsuit or signed settlement documents within Iowa's statute of limitations, which is generally 2 years from the date of the accident.
- UM (uninsured motorist) coverage: This provides compensation if the at-fault driver had no insurance at all, up to the amount of coverage purchased.
- Subrogation: This describes money that must be repaid out of a settlement, most commonly to a health insurance company or car insurance company that already paid for medical treatment.
- Liens: Under Iowa law, hospitals are the only medical providers legally permitted to file a lien against a case. Some chiropractors and other providers may ask a patient to sign a separate lien agreement, which may or may not be advisable depending on the circumstances.
Because Iowa's minimum liability insurance requirement is only $20,000 per person for injuries from a car accident, Bellevue residents with serious or permanent injuries may find that the at-fault driver's coverage is simply not enough. In those situations, a person's own UIM coverage often becomes the key to recovering full compensation.
Back Injuries and Back Fusion Surgery After a Bellevue Car Accident
A car accident can lead to bulging discs, herniated discs, and other serious back injuries. The spine is made up of vertebrae and discs that provide flexibility. With a bulging disc, the inner nucleus pushes against the outer capsule and causes a bulge. A herniated disc occurs when that inner material actually spills out through a tear in the capsule. Both types of injury can push against nerves in the spinal cord and cause significant pain. Spinal compression fractures are another type of back injury that can result from a crash, and in some cases can result in a loss of spine height along with pain caused by the vertebrae pressing against the spinal cord.
Pain from these injuries is often treated first with rest, physical therapy, and medication. When that is not enough, a doctor may recommend surgery, sometimes including a discectomy to remove all or part of a damaged disc, along with a spinal fusion. During a fusion, damaged discs are removed and the adjacent vertebrae are joined together using a bone graft, often held in place with screws or plates until the bones fully join. Recovery from this type of surgery can take several months, during which a Bellevue patient may need to avoid strenuous activity, wear a brace, and attend physical therapy to relearn safe ways to sit, stand, walk, and lift.
Proving a Car Accident Caused the Need for Surgery
To win a car accident case, a Bellevue resident needs to show that the other driver was negligent, that this negligence caused the accident, and that the accident caused the injury. Negligence generally means a failure to use reasonable care, such as violating a traffic law or driving while distracted. Because degenerative wear and tear can also cause slipped discs, ruptured discs, and other back conditions, it may be necessary to show that a back injury was not simply a pre-existing condition. Doctors typically use x-rays, CT scans, and MRI scans to evaluate disc degeneration and back problems, and prior imaging showing a healthy spine can help demonstrate that the current condition resulted from the accident. Medical records, bills, and evidence of lost wages can all help establish the extent of damages tied to a back injury and surgery.
Traumatic Brain Injuries After a Bellevue Car Accident
What is often called a "head injury" is really a traumatic brain injury. While a Bellevue accident victim may have visible cuts, abrasions, or even a skull fracture, what matters most is what is happening inside the head. A diagnosed concussion is itself a form of brain injury. Most concussions are mild and heal within a few weeks without lasting problems, though even a mild injury can sometimes carry long-term consequences. More significant brain injuries, ones that show up on a CT scan or MRI and may require surgery, can permanently change a person.
Changes to Watch For After a Brain Injury
A person who has sustained a brain injury often will not notice or understand that they have changed. Family and friends are frequently the ones who spot warning signs. Three key areas to watch include:
- Changes in memory, including forgetfulness, losing a train of thought, or in severe cases not recognizing a friend or family member.
- Changes in hygiene, such as forgetting to shower, brush teeth, or comb hair, which can signal long-term effects of a brain injury.
- Changes in character, such as a normally calm person becoming easily angered. A spouse often notices this first, though sometimes friends notice it before family does.
If a Bellevue family notices any of these warning signs after a car accident, it is important not to wait. Specialized medical care through a concussion clinic can offer speech therapy, physical therapy, medication management, counseling, and other resources to help a person recover as fully as possible. Someone experiencing post-concussive syndrome, which can include ongoing headaches, forgetfulness, and memory loss, should also seek out the expertise of a concussion specialist.
Whether you are dealing with a disputed insurance claim, a back injury requiring surgery, or a traumatic brain injury after a car accident in Bellevue, the car accident attorneys at Walker, Billingsley & Bair are ready to help. Contact us today for a free, no-risk consultation.
Seeking Legal Assistance in Bellevue
Seeking legal counsel from experienced Bellevue Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.