Le Mars Personal Injury Attorneys

Why the Insurance Company Is Not Always on Your Side

It is a common misconception that insurance companies exist to fairly compensate injury victims. In reality, insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. The insurance adjuster assigned to your case may be polite and seem cooperative, but it is important to understand that the adjuster is not on your side, is under no obligation to help you, and is not even required by law to tell you the full truth about your rights or the value of your claim.

If you are dealing with an insurance adjuster directly rather than through an attorney, the following eight points will help you protect your case and avoid the most common and costly mistakes.

Always Tell the Truth

The adjuster's primary job is to pay you as little money as possible and close your file. They will not simply take your word for anything. They will want documentation for lost wages, medical care, and any prior treatment you have received for related conditions. If you forget about prior medical treatment or misrepresent it to the adjuster, they will likely uncover it through their investigation and use it to reduce or deny their offer. Honesty is always the best approach, and it protects your credibility throughout the entire claims process.

Be Careful With Recorded Statements

You are generally not required to provide a recorded statement to the other party's insurance company. If they insist on recording, you may agree to provide a statement but request that it not be recorded. In workers' compensation cases, adjusters typically want to hear from you as part of their investigation, and refusing to cooperate could result in your claim being denied for lack of cooperation. But whether a statement is recorded or not, you should approach it carefully. A recorded statement carries the same weight as a deposition given under oath.

If you are making a claim against your own insurance company, such as when the at-fault driver in a car accident did not carry enough coverage, your policy may actually require you to give a recorded statement. Be especially careful with broad questions like "Have you ever had back pain before?" That question asks about your entire lifetime, not just at the time of the accident. If you answer no and the insurer later discovers you have been treating with a chiropractor for years, your credibility and your case will both take serious damage. For additional guidance on recorded statements after an injury, consult with an attorney before agreeing to speak with any adjuster.

Do Not Hide Prior Accidents or Injuries

Insurance companies maintain databases that contain all prior claims a person has made across the country, covering both property damage and personal injury. If you are not truthful about prior claims when asked, the insurer will almost certainly discover the omission, and it will raise serious red flags in your file. Disclosing prior injuries does not necessarily hurt your case, but concealing them almost always will.

Stay Matter-of-Fact in All Communications

Insurance adjusters handle hundreds of files each year. They are trained to look for anything that could reduce the value of your claim, including personal information that has nothing to do with the accident itself. Do not volunteer information about unrelated problems at home or in your personal life. If you are going through difficulties with family members, for example, an adjuster may attempt to attribute some of your symptoms to those stressors rather than your injuries. Stick to the facts of your case, provide the information that is asked of you, and stop there.

Equally important is staying calm. Getting angry with an adjuster and making threats will signal that you are easily rattled, which will work against you if your case ever proceeds to a judge or jury. If you feel yourself becoming upset during a call or meeting, tell the adjuster you need a few minutes and step away, or let them know you will call back.

Know Your Statute of Limitations

Under Iowa law, the general deadline for bringing a personal injury claim is two years from the date of the injury. However, there are important exceptions. If you were struck by a drunk driver, you may have only 180 days to provide notice to the bar or establishment that served the driver. If you were injured at work and received weekly benefits, your statute of limitations may be extended. These deadlines are strict, and missing them can permanently bar you from recovering anything. If you are unsure what deadline applies to your case, contact a qualified attorney right away for a confidential, no-cost consultation.

Do Not Settle Too Early or Too Late

Settling a claim too early, before you fully understand the extent of your injuries and future medical needs, means giving up all rights to future compensation in exchange for a sum that may not reflect your true losses. Before settling, make sure you understand every term in writing, including who is responsible for outstanding medical bills and how any health insurance subrogation liens will be handled. Failing to address subrogation in a settlement can result in you being required to repay your health insurer out of your own pocket.

On the other hand, waiting until the very last minute to try to settle your case creates serious risks as well. Procrastination does not pressure the insurance company. It pressures you. Most qualified Iowa injury attorneys need at least 120 days before a statute of limitations expires to properly investigate a case, identify all liable parties, and prepare the necessary legal documents. Approaching an attorney only days before your deadline may make it difficult or impossible to find qualified representation.

Bicycle Accidents and Right-Turn Liability in Iowa

Cyclists sharing the road with motor vehicles in Le Mars face real dangers, and one of the most common collision types is what is known as a "right hook" accident. This occurs when a car turning right strikes a bicyclist who is riding on the right shoulder or in a bike lane alongside the vehicle. In most of these situations the driver is at fault, but proving liability still requires presenting proper evidence of the driver's negligence.

How Right-Turn Bicycle Accidents Happen

Right-hook accidents occur in several common ways:

• A bicyclist and a car approach an intersection at the same time, and the driver turns right without noticing or adequately checking for the cyclist, often failing to see the rider until it is too late to stop.
• A cyclist moves to overtake a slower-moving car by passing on the right, unknowingly placing themselves in danger when the car turns right at the same moment.
• A bike and a car are both stopped at a traffic light, and when the signal changes the car turns right, cutting off or striking the cyclist who is continuing straight through the intersection.

Evidence That Proves Driver Liability

To establish that the driver was primarily responsible for the accident, several types of evidence will be necessary. A police report documents the accident scene, the officer's observations, the events as described by those involved, and any citations issued to either party. Eyewitness accounts are among the most valuable forms of evidence available, because witnesses can describe what both the car and the bicycle were doing before the collision occurred.

A driver can be found negligent, and therefore liable, if they were doing one or more of the following at the time of the accident:

• Speeding
• Failing to use a turn signal before turning right
• Abruptly changing lanes without checking for cyclists

Video evidence can also be critical. Many intersections have traffic cameras that may have captured the incident, and nearby businesses often have surveillance systems that recorded the crash. Securing this footage quickly is important, as many systems overwrite their recordings on short cycles. If witnesses describe the cyclist as acting in a negligent manner, such as swerving between lanes, riding too close to vehicles, or ignoring a traffic control device, those observations may be used by the driver as a defense in the claim. An experienced attorney can anticipate and address those arguments before they undermine your recovery.

Staying Safe as a Cyclist Near Motor Vehicles

While legal recourse is available after an accident, prevention is always preferable. When riding near vehicles, try to maintain a safe following distance so you can anticipate when a car is about to turn or change lanes. As you approach any intersection, check for nearby vehicles before proceeding. Avoid passing a car on the right unless it is necessary, and when you do pass, confirm there is enough open space to your right in the event you need to swerve away from a turning car.

Third-Party Claims When a Non-Employer Causes Your Work Injury

When a worker is injured on the job in Iowa, workers' compensation is typically the primary source of benefits. But workers' compensation alone does not always tell the whole story of what an injured employee may be entitled to recover. In some situations, the injury was caused in whole or in part by someone outside the employer's organization, and that opens the door to what is called a third-party claim. Understanding the difference between these two types of claims, and how they interact, can significantly affect what a seriously injured worker in Le Mars ultimately receives.

Why Workers' Compensation Has Limits

Employees who are injured at work are entitled to receive workers' compensation benefits covering their medical expenses and lost wages. However, once a worker accepts workers' compensation payments, they generally cannot file a lawsuit against their employer, even if the employer was clearly negligent and directly responsible for the injury. Iowa law shields employers from those lawsuits in exchange for the workers' compensation system.

There are also strict limits on the types of damages available through workers' compensation. You cannot receive compensation for pain and suffering or mental anguish. You also cannot receive punitive damages, which apply in cases where an injury resulted from extreme recklessness or an intentional act. When injuries are severe, workers' compensation benefits may simply not be enough to cover the full scope of the losses a worker and their family have sustained.

When a Third Party May Be Liable for Your Work Injury

If your Iowa work accident was caused by someone other than your employer or a coworker, that person or entity may be liable through a separate personal injury claim. Liability in a third-party claim depends entirely on the circumstances of the accident, but common examples include:

• Defective product: If you were injured because a piece of equipment or a product you were using on the job was defective, the manufacturer of that product may be liable through a product liability claim.
• Property owner negligence: If you were working on another company's property and were injured due to a hazardous condition on that property, the property owner may be liable through a premises liability claim.
• Negligent driver: If you were driving a company vehicle and another driver struck you by running a red light or otherwise driving carelessly, that driver may be held liable through a personal injury claim independent of your workers' compensation case.

What a Third-Party Claim Can Recover That Workers' Compensation Cannot

A successful third-party claim can recover damages that go well beyond what workers' compensation provides. This includes compensation for pain and suffering, emotional distress, and other losses that the workers' compensation system does not recognize. For workers with serious and lasting injuries, this expanded recovery can make a profound difference in their financial stability and quality of life going forward.

Pursuing both a workers' compensation claim and a third-party personal injury claim at the same time is complex and time-consuming, but it may be exactly the right approach when your injuries are severe. The right Iowa injury attorney can evaluate your case, determine whether a third-party claim applies to your situation, and guide you through both processes while protecting your rights at every step.

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.

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