Van Meter Car Accident Injury Attorneys

To claim compensation after a car accident near Van Meter, you will need to prove that your personal injuries resulted from someone else's negligence, understand how the insurance adjuster is likely to approach your claim, and know the critical steps to protect your rights if you suffered a broken bone. The Van Meter car accident attorneys at Walker, Billingsley & Bair want local drivers to understand all three.

Iowa Negligence Laws and Your Car Accident Claim

According to Iowa negligence laws, to prove negligence you will have to show that the person who caused the accident owed you a duty of care, that they breached that duty, that there was a connection between their conduct and the harm you suffered, that the harm was foreseeable, and that you suffered as a result of the negligent act. If you are able to prove these things, you may be able to recover for your injuries, and an experienced Iowa car accident lawyer can help navigate the nuances of Iowa negligence law.

Comparative Negligence in Iowa

When you file a personal injury claim, your compensation may be limited by Iowa negligence laws, since Iowa is a comparative negligence state. This means that if you were partially responsible for your car accident, you may be held responsible for your own percentage of negligence, and a judge or jury will determine exactly who was at fault. For example, they may determine that while the other party was at fault for making an illegal left turn, you were also at fault for pulling too far into the intersection, and your compensation would be reduced by your own percentage of fault.

Tips in Dealing With Insurance Adjusters

There are hundreds of insurance companies in America and thousands of insurance adjusters, but they tend to have a few things in common. They are trained in techniques to reduce the value of your claim and convince you to take a small settlement, and they generally have 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 their overall job is to pay you as little money as possible in order to maximize company profits.

Not All Adjusters Work the Same Way

Some claims are handled directly by an insurance company's own adjusters, who may be reasonably responsive, even if they are not truly on your side. Other claims are handled by third-party administrators, companies hired to adjust claims on behalf of a self-insured employer or another insurance company, who can sometimes be more difficult to work with, including obtaining records or getting timely return calls. Larger insurance companies often have in-house attorneys available to assist their adjusters, and sometimes an attorney will even take over a case from the adjuster. If the insurance company assigns an attorney to your case, it is worth strongly considering your own legal representation.

When You Might Not Need an Attorney

Not every case requires legal representation, and a reputable firm should be willing to tell you if that is the case rather than pushing you toward hiring an attorney unnecessarily. If you are unsure whether your Van Meter car accident claim needs legal help, an injury case review can help you understand your options at no cost or risk.

Broken Bones and Auto Accidents: Critical Steps to Protect Your Rights

Being involved in an auto accident is a frightening experience, and suffering a broken bone, whether it is your arm, leg, back, hand, neck, or another part of your body, can make it even more overwhelming. A common tactic for insurance companies is to offer you money immediately after a crash before you know the extent of your injuries. Do not discuss a settlement with the insurance company for the other driver until you are out of the hospital and have finished treatment.

Watch Out for Subrogation

If you were to accept an early offer and sign settlement documents, you are most likely stuck and could end up having to pay the entire amount back to your health insurance. This is called subrogation, and all health insurance policies have a provision requiring you to pay them back if they covered your accident-related bills. However, if your health insurance plan is not a self-funded ERISA plan, Iowa law can help protect you so that if you do not make a full financial recovery, your health insurance company also is not allowed to make a full financial recovery. If your plan is a self-funded ERISA plan, which is common for companies with 500 or more employees, federal law applies instead, and you may end up paying back all of the money the insurance company paid you regardless of how much or little you received.

Do Not Let the Other Driver's Insurer Bill Your Medical Providers

Many Van Meter residents injured in auto accidents think they should have the hospital and medical providers bill the at-fault driver's insurance company directly. This is a bad idea. The other driver's insurer may ask you to send them your medical bills, but that does not mean they will pay them, which is a tactic designed to pressure you into settling once collection calls start coming in. If you have health insurance, it is best to provide that information to your medical providers and ask them to bill your health insurance instead. Some providers will incorrectly claim they cannot bill health insurance for an auto accident, but this is not true, and it is often an attempt to collect the full billed amount rather than the lower contractual rate your health insurer has already negotiated.

This matters because under Iowa law the minimum car insurance liability coverage is only $20,000, and if the other driver has minimum or low limits, you could end up owing money toward your medical bills after the insurance has been paid. You will still have to pay back your health insurance, but having an attorney involved usually results in a discounted repayment amount, putting more money in your pocket.

Medical Payments Coverage and UM/UIM Coverage

If you have car insurance with medical payments coverage, it is best to wait and use this coverage for your co-pays and deductibles after your health insurance has paid your medical bills, though the amount of coverage varies greatly depending on how much you purchased. If you purchased a car insurance policy, chances are you have uninsured motorist and underinsured motorist coverage as well. Uninsured motorist coverage compensates you for personal injuries, medical bills, and lost wages up to your policy limit if the other driver has no insurance at all, while underinsured motorist coverage provides compensation if your injuries and damages exceed the amount of coverage the other driver has.