Tama Personal Injury Attorneys

When you are injured because of someone else's negligence, whether in a bicycle accident or any other type of personal injury incident, you will inevitably find yourself dealing with an insurance company whose interests are not aligned with your own. Understanding whether you have to accept a settlement offer, how to negotiate effectively with an insurance adjuster, and how to properly file and document a claim are all essential pieces of knowledge for any Tama resident navigating the aftermath of a serious accident.

The personal injury attorneys at Walker, Billingsley & Bair serve injured Iowans statewide and are committed to helping Tama residents protect their rights and pursue full and fair compensation. This article covers three important topics: whether you are required to accept an insurance company's settlement offer and what factors should guide that decision, practical tips for dealing with insurance adjusters of all kinds, and how to properly file a bicycle accident claim to recover damages for your injuries.

Do You Have to Accept the Insurance Company's Settlement?

In Iowa, you definitely do not have to accept an insurance company's settlement offer. However, there are several important factors to consider before deciding whether to accept, reject, or continue negotiating any offer you receive.

Questions to Ask Before Making a Decision

First, consider whether your injuries are minor enough that you may be better off settling the case on your own, in order to avoid paying an attorney a percentage of your settlement. Second, consider whether your medical bills have already been paid by your health insurance or another insurance company. If so, who will be reimbursing them? This is called subrogation, and it can cost you your entire settlement if you do not understand how it works. Third, consider how much time you have until the statute of limitations expires. Once that deadline passes, you will likely receive nothing at all, regardless of how strong your claim was.

If you do not know the answers to any of these questions, it is strongly recommended that you at least contact and speak with a qualified Iowa injury attorney before making a decision. Failing to do so could cost you thousands of dollars, and in some cases, your entire case.

Settlement Negotiations

It is very rare that the insurance company's first offer is their best offer. If you are representing yourself in a personal injury claim, you should attempt to negotiate with the adjuster, but keep a few important things in mind. Anything you tell the insurance adjuster can and will be used against you in your claim, and later in a lawsuit if one becomes necessary. Be careful about what you say, but never lie. Insurance companies share a database of prior claims, and if you have had prior injuries or accidents, they will find out about them.

It is also not a good idea to threaten an insurance adjuster. Being polite and professional will get you much further than being upset or angry. Before entering into any negotiation, you should know your facts, including exactly how the injury happened, who you treated with, and the specific conditions you have been diagnosed with. Before agreeing to any settlement offer in a case involving injuries, it is always wise to speak with a qualified Iowa injury attorney to find out whether you are being treated fairly or taken advantage of.

How to Evaluate the True Value of a Claim

Several factors go into properly evaluating what a personal injury claim is actually worth. These include the severity and extent of the injuries, whether multiple body parts were injured, whether there are objective injuries such as broken bones, whether the victim was hospitalized, whether surgery was required, how much time was missed from work, what kind of work the victim performs, how much insurance coverage is available, and whether a claim can be brought for underinsured motorist coverage. Each of these factors plays into the overall value of a claim, and an experienced attorney knows how to weigh them properly when evaluating any settlement offer.

Tips for Dealing With Insurance Adjusters in Tama

After any personal injury accident, the insurance company for the at-fault party will assign an adjuster to manage the claim. Understanding what that adjuster's job actually is, and how to interact with them safely, gives injury victims a real advantage from the very first contact.

What Every Adjuster Has in Common

There are hundreds of insurance companies doing business in Iowa and thousands of adjusters working throughout the state. Despite their differences, they share three fundamental characteristics. First, they are trained in techniques specifically designed to reduce the value of your claim and convince you to accept a small settlement, especially if you are not represented by an attorney who knows Iowa law. Second, while they may appear helpful and friendly, they do not have your best interests in mind, and they are legally permitted to be less than fully honest with you without facing meaningful consequences. Third, their fundamental job is to pay you as little money as possible in order to protect the profitability of the company they represent.

Eight Things to Know Before You Talk to an Adjuster

Always tell the truth. The insurance company will want documentation for your lost wages, your medical care, and any prior medical treatment. If you forget to disclose something or provide inaccurate information, the adjuster will eventually find out and use it to reduce their offer or attack your credibility.

You are generally not required to provide a recorded statement to the insurance company for the other party. If they insist, you may agree to provide a statement but request that it not be recorded. Keep in mind that if you are making a claim against your own insurance company, such as in an underinsured motorist situation, your policy may require you to give a recorded statement. A recorded statement carries the same weight as testimony given under oath. If you are asked a question you do not understand, say so before answering. Be especially careful of broad questions such as "have you ever had back pain before," which covers your entire lifetime, not just the period since your injury.

Do not attempt to hide prior accidents or injuries. Insurance companies have access to national databases containing records of all prior insurance claims, including property and personal injury matters. If you fail to disclose prior claims when asked, the adjuster will find them, and the consequence will be a damaged case and a reduced offer.

When speaking with adjusters, be matter-of-fact. Stick to the relevant facts of your case and answer only what is asked. Do not volunteer information or allow frustration to turn into anger. Adjusters are trained to look for anything that can reduce the value of your claim. If you become upset during a conversation, step away and continue the discussion when you have regained your composure.

Know your statute of limitations. Under Iowa law, you generally have two years from the date of injury to file a personal injury claim, but important exceptions exist, including a much shorter notice period if you were struck by a drunk driver. If you are not familiar with the deadlines that apply to your specific case, consult a qualified attorney before taking any steps. Most experienced Iowa injury attorneys want at minimum 120 days before a statute expires in order to properly investigate and prepare a case.

If you are attempting to settle on your own, understand that accepting a settlement typically means giving up all rights to future compensation and medical care. Make sure all terms are in writing and that you clearly understand which medical bills are being addressed and what subrogation obligations apply. Failing to address these questions can result in being required to pay your own health insurer back out of your pocket after the settlement has already closed.

Filing a Bicycle Accident Claim to Recover Damages

A bicycle accident claim filed with an insurance company can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, understanding how to properly file and document your claim is essential to recovering full compensation.

Determining Who Was at Fault

Determining fault in a bicycle accident claim has a significant impact on how you file. If you caused the accident, you should file your claim with your own car insurance company. If the other driver caused the accident, you should file a claim with their insurance company. Even though you were riding a bicycle, if you have a car insurance policy, it is likely that your policy will still provide you coverage. If you carry uninsured or underinsured motorist coverage, or medical payments coverage, these coverage types can also help secure compensation. Knowing the specifics of your own policy is crucial when filing a bicycle accident claim in Tama.

Seeking Medical Help and Filing for Bodily Injury Damage

If you have been in a bicycle accident, you will likely need to file a claim for bodily injury damage. The first step is always seeking medical attention. Getting care is not only critical to your physical wellbeing, but it is also necessary for establishing how much compensation your claim is actually worth. Assuming the other driver was even partially at fault for the crash, you should file your bodily injury claim with that driver's insurance company.

Documenting All Medical Treatment

You will need to document every aspect of your medical treatment. Keep detailed notes on the initial date of your injury, the date you first received treatment, how the injury occurred, the prognosis issued by your doctor, the estimated length of treatment, any medications or surgeries, and the dates of all appointments related to the accident. This documentation forms the backbone of your claim and helps establish a clear and credible record of your injuries.

Filing Your Claim and Proving Fault

Once you have documented your treatment and sought medical care, it is time to file your claim. The earlier you file, the better. Your insurance agent should guide you through the process, either by phone or by having you file on your own. Always be as truthful as possible when filing a claim, and never sign anything without an attorney present.

Proving the fault of the other driver can be one of the most difficult parts of filing a bicycle accident claim. If the insurance company believes you were even partially to blame, they may try to deny coverage or reduce your compensation. To prove fault, gather and document all available evidence related to the accident, and if there were any witnesses, their testimony can be essential. Fault is based on negligence, meaning the failure of a driver to act reasonably. Speeding, driving while impaired, failure to yield, and aggressive driving are all examples of negligence that can be used to establish fault against the responsible driver.

Negotiating Your Settlement

Once you have submitted your claim, the insurance company will offer you a settlement amount. Never accept the first amount offered. It is likely to be lower than what you actually deserve, and you can often recover a more appropriate amount through continued negotiation. An attorney can help you file your claim and negotiate effectively on your behalf. If the insurance company refuses to budge, or if the available policy coverage is not sufficient, an attorney can help you file a personal injury lawsuit to recover the full damages you are owed.

Protecting Your Rights After a Personal Injury in Tama

Whether you are deciding whether to accept a settlement offer, preparing to negotiate with an insurance adjuster, or filing a bicycle accident claim for the first time, having the right information and the right legal support can make a substantial difference in what you ultimately recover. The decisions made in the early stages of a personal injury claim often determine the outcome of the entire case.

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.

More Info on Tama Attorneys