Attorneys
- Grundy Center Personal Injury Attorneys
- Phone: 641-792-3595
- Directions
After an accident in Grundy Center, Iowa, one of the very first calls you are likely to receive is from an insurance adjuster. They may sound friendly and helpful, but their job is fundamentally different from yours. While you are focused on healing and figuring out what comes next, the adjuster's job is to resolve your claim for as little money as possible. Understanding how insurance companies operate, what tactics their adjusters commonly use, and how fault is determined in Iowa can make a meaningful difference in the outcome of your case.
Walker, Billingsley & Bair has spent decades helping injured Iowans navigate these exact issues. This page brings together what Grundy Center accident victims need to know about pedestrian liability and comparative negligence, the tactics used by major insurance companies and their adjusters, and the things insurers genuinely do not want you to find out.
Pedestrian Liability & Comparative Fault
Even pedestrians can share some liability in an accident, and Iowa's comparative negligence rule affects how compensation is calculated.
How Insurance Adjusters Operate
Different insurance companies use different tactics, but the underlying goal is always the same: pay you as little as possible.
What Insurers Don't Want You to Know
From recorded statements to lowball offers, insurance companies rely on tactics that work best when you do not know your rights.
Protecting Your Claim
Knowing what to expect and when to involve an attorney can prevent costly mistakes that follow you for the rest of your case.
Pedestrian Liability and Iowa Comparative Negligence
Not every accident in Grundy Center involves two vehicles. Pedestrian accidents raise their own unique liability questions, particularly when the pedestrian was walking at night. A pedestrian can hold accident injury liability, at least partially, for a pedestrian-car accident if he or she was partly responsible for the incident, though this remains a hazy area of the law.
If a pedestrian fails to take safety precautions, such as wearing light clothing or carrying a light, it could be construed as negligence on his or her part. In a pedestrian-car accident, both parties will be assigned a certain degree of fault. Attorneys, insurance companies, and courts look at all the facts surrounding the accident before determining fault. In some cases, it is clearly one party at fault, while in others, both parties may share some responsibility.
When Can a Pedestrian Hold Some Liability?
Pedestrians can hold some accident injury liability if they:
- Failed to use a crosswalk
- Crossed a street on a "don't walk" signal
- Walked or ran in front of traffic
- Did not take nighttime safety precautions, like wearing reflective or light clothing
- Did not obey other applicable traffic rules
How Iowa's Comparative Negligence Rule Works
Iowa follows what is known as the comparative negligence rule, in which even if a person was partly to blame for an accident, up to 50 percent at fault, he or she can still seek compensation for injuries. However, the settlement amount will be reduced by the individual's degree of fault.
An attorney can help uncover facts regarding the accident, protect the client's rights, and work to lessen the client's degree of fault. A lawyer will also help account for and calculate all damages and push for the highest and fairest possible outcome on the client's behalf.
What Insurance Adjusters Have in Common
There are hundreds of insurance companies in America and thousands of insurance adjusters. What they all have in common is straightforward, even if it is not always obvious at first.
- They are trained in techniques to reduce the value of your claim and convince you to take a small settlement, giving them the upper hand when you are not represented by an attorney who knows the law
- While they may act like your friend, they do not have your best interests in mind and can even mislead you without facing any consequences for doing so
- Their overall job is to pay you as little money as possible in order to maximize insurance company profits
How Different Insurance Companies Tend to Operate
While every adjuster is different, certain patterns tend to emerge depending on the insurance company involved.
Large Workers' Comp Carriers
Some of the largest workers' compensation insurers in Iowa employ adjusters who are generally pleasant and responsive to calls and letters. Even so, do not let them convince you that they are your friend or that the amount they say they owe you is really all they owe.
Companies With In-House Attorneys
Several major national insurers have access to in-house attorneys who may take over a case from the adjuster, or assist in the background. If an attorney becomes involved on the insurance company's side, you should strongly consider contacting your own attorney.
Third-Party Administrators
Some claims are handled by third-party administrators rather than a traditional insurance company. These TPAs are often harder to deal with, making it more difficult to obtain records, get return phone calls, or receive timely responses to letters.
Large National and International Insurers
Some of the biggest insurance companies handle claims from offices many miles from Iowa, sometimes with adjusters who are less familiar with the details of Iowa law. Regardless of how pleasant an individual adjuster may seem, the underlying training is generally focused on paying claimants as little as possible.
There are many more large insurance companies doing business in Iowa, and each has slight differences in how it handles injury cases. Regardless of which company is involved, the underlying incentive to minimize payouts tends to remain the same.
What Insurers Don't Want You to Know
Insurance companies are some of the richest and most powerful corporations in the United States. What they do not control, however, are the judges and juries that ultimately decide the amount of compensation owed if you have been hurt in a car accident or another personal injury incident. There are several important things insurance companies generally do not want accident victims to know.
1. They Are Legally Allowed to Mislead You
There is no law requiring the other side's insurance company to tell you the truth or act in your best interests. Adjusters will sometimes act like your friend in an attempt to build trust, but their job is to pay you as little money as possible, and they are not required to treat you fairly.
2. You Do Not Have to Give a Recorded Statement
Despite what adjusters often say, you have no obligation to give the other side's insurance company a recorded statement. They want one so they can ask carefully worded questions and later use your answers against you. Your credibility is critical, which is exactly why they try to challenge it early.
3. Their "Final Offer" Is Usually Not Their Best Offer
During negotiations, an insurance company will often claim a particular offer is final. In practice, this is rarely their actual best offer. There is little to lose by proposing a counteroffer, and sometimes it takes filing a lawsuit to get to their true best number.
4. They Will Intentionally Frustrate You
When the friendly approach does not work, some adjusters make deliberately low initial offers, knowing some people will accept a lowball offer simply to avoid further hassle. Do not let this tactic work. Serious injuries with lifelong effects deserve the attention of an experienced injury attorney.
5. They Will Not Pay Your Medical Bills As You Incur Them
Adjusters often tell accident victims to send in medical bills, but this does not mean those bills will actually be paid as they arrive. This strategy can pressure victims into settling cheap once collection calls start. It is generally best to have medical bills paid through your own health insurance or medical payments coverage while your claim is pending.
Protecting Your Claim From the Start
Whether your accident in Grundy Center involved a vehicle, a pedestrian crossing, or another type of personal injury incident, the steps you take immediately afterward and in the weeks that follow can significantly affect the outcome of your claim.
Your Personal Injury Action Checklist
- Seek medical attention right away, even if your injuries seem minor at first.
- Avoid giving a recorded statement to the other party's insurance adjuster.
- Do not accept a "final offer" without first considering whether it truly reflects the value of your claim.
- Use your own health insurance or medical payments coverage to pay medical bills while your case is pending, rather than waiting on the other side's insurance company.
- Document the accident scene with photos and gather contact information for any witnesses.
- Be cautious about discussing fault, especially in pedestrian accidents where comparative negligence may apply.
- Keep all correspondence, bills, and records related to the accident and your treatment.
- Consult with an experienced Iowa personal injury attorney before signing any settlement documents.
We Are Here To Help
Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.
Free Book at No Cost
If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.
If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.