Attorneys
- Webster City Personal Injury Attorneys
- Phone: 641-792-3595
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Can You Trust the Insurance Company Handling Your Iowa Injury Claim?
In Iowa alone, there are more than 100 insurance companies selling coverage of various kinds, from personal injury to workers' compensation. Many injured Iowans assume that because they pay premiums, their insurance company will protect them when something goes wrong. That assumption is often wrong. Just because you pay an insurance premium does not mean the company is going to look out for your best interests when a claim arises.
Some people believe that if they are injured, their own insurance company will pursue the other responsible party on their behalf. That is generally not accurate. While your insurer may attempt to recover what it paid out for property damage, it is highly unlikely to pursue a claim for your personal injuries on your behalf. That responsibility falls on you, and navigating it alone against a professional claims operation puts you at a serious disadvantage.
When you are dealing with another party's insurance company, such as the insurer for a driver who hit you or the workers' compensation carrier for your employer, there are five critical things to keep firmly in mind:
- The insurance company is not representing you or your best interests.
- They are not legally required to tell you the truth.
- Their business model is built on making profit, which means paying you as little as possible.
- The adjuster may be friendly and polite, but they are not looking out for you.
- Insurance companies are in the business of selling policies, not paying claims.
Every insurance adjuster in the country shares something in common: they are trained in techniques specifically designed to reduce the value of your claim, convince you to accept a small settlement, and keep the upper hand when you are not represented by an attorney who knows Iowa law. While they may act like your friend, they are not. And in Iowa, they can mislead you without facing legal consequences for doing so.
What You Must Do to Protect Your Webster City Injury Claim
Whether you choose to handle your personal injury claim on your own or work with an attorney, there are five essential steps that every injured Iowan must take to protect the value of their claim. These steps apply regardless of which insurance company is involved or how the injury occurred.
1. Always Tell the Truth
Anything you say to an insurance adjuster can and will be used against you by the company and its lawyers. Even a small lie or minor inconsistency can permanently damage your credibility and reduce your settlement. The best and safest approach is always to tell the truth. That way you never have to worry about keeping your story straight, and you give the insurance company no ammunition to use against you.
2. Be Strategic and Careful When Dealing With the Adjuster
Insurance adjusters are professionals who handle claims every single day. When you are dealing with one, you need to be smart about what you say because offhand comments and casual statements can be taken out of context and used against you later. Insurance companies have experienced professionals and in-house attorneys working for them. You should seriously consider having a professional on your side as well. If you hire an injury attorney, your attorney handles all communications with the insurance company on your behalf, removing the risk of a misstep during a direct conversation with the adjuster.
3. Keep Thorough Documentation Throughout Your Recovery
Document your damages from the very beginning. Keep a diary or journal that records how you are feeling from day to day, the people you speak with regarding your claim, and the dates of all conversations and appointments. Your diary will help prove the extent of your damages and support a higher evaluation of your claim. Keep doctors' excuses for any days missed from work, track all time spent at medical appointments, and retain every medical bill and explanation of benefits form you receive from your health insurance company.
4. Be Thorough at Every Medical Appointment
The medical records created during your treatment are among the most critical evidence in any personal injury case. They document your description of the injury, your physical complaints, the doctor's examination findings, and the treatment you received. Insurance companies base their settlement offers heavily on this information. If you fail to tell your doctors about every symptom and every area of pain, it will not be recorded. If you bring up a new complaint weeks or months after the injury, the insurance company will argue it is unrelated to the accident and reduce their offer accordingly. Be thorough and complete every time you see a medical provider.
5. Attend All Medical Appointments Consistently
Failing to see your physician on a regular basis is treated by insurance companies as evidence that you have fully recovered. If you stop going to appointments while you are still experiencing pain or limitations, the insurer and possibly even a judge or jury will conclude that you no longer have a problem. If your doctor says to follow up as needed, that means you should return in a few weeks if your symptoms have not resolved. Consistent attendance at medical appointments is one of the most important things you can do to protect the value of your claim.
Know Who You Are Dealing With: Major Iowa Insurance Adjusters Explained
Not all insurance adjusters operate the same way, and knowing something about the company handling your claim can help you set realistic expectations and avoid costly mistakes. Here is what injured Iowans in Webster City should know about some of the largest insurers active in Iowa.
EMC Insurance
EMC is a Des Moines-based company and one of the largest workers' compensation insurers in Iowa. EMC also sells property and casualty insurance. Generally, EMC adjusters are responsive and will return phone calls and emails. However, being pleasant to work with does not mean they are on your side. Do not let a friendly tone convince you that the amount they say they owe you is actually all they owe.
Liberty Mutual
Liberty Mutual is one of the top writers of workers' compensation coverage in Iowa most years. Their adjusters have access to in-house Iowa attorneys who can step in and take over a case when legal questions arise. Sometimes those attorneys operate in the background, providing strategy to the adjuster. Other times they take a more direct role. If Liberty Mutual assigns an attorney to your case, you should seriously consider retaining your own attorney. For example, in a workers' compensation case involving an injury after July 1, 2017, being persuaded to voluntarily leave your job rather than being terminated can cost you tens of thousands of dollars. The traps written into Iowa's workers' compensation law in 2017 make it far too risky for an injured worker to navigate the system alone against a company with legal resources like Liberty Mutual's.
Sedgwick and Gallagher Bassett
Sedgwick and Gallagher Bassett are not insurance companies but rather third-party administrators, commonly called TPAs. They work either for self-insured companies or for insurance companies that do not have their own Iowa adjusters. In practice, they are often significantly harder to deal with than a standard insurance company adjuster. Obtaining records, getting return phone calls, and receiving timely responses to correspondence can all be difficult. The vast majority of cases involving Sedgwick or Gallagher Bassett adjusters ultimately require a lawsuit to be filed before the matter is resolved.
AIG
AIG is a large insurance company headquartered in New York. Their adjusters sometimes take what has been described as a New York approach, which in practice can mean not returning phone calls, failing to respond timely to letters and emails, and at times being dismissive of the real difficulties an injured person is facing. Not every AIG adjuster operates this way, but it is a pattern experienced Iowa injury attorneys have encountered often enough to anticipate and prepare for.
Travelers
Travelers operates a large claims center in Overland Park, Kansas, and like Liberty Mutual, they have in-house Iowa attorneys who assist or sometimes take over cases from adjusters. When an attorney is on the other side of your claim, having your own attorney is not just advisable, it is essential. Travelers has the financial resources, legal knowledge, and training to pay you as little as possible. If you are unrepresented, the power imbalance is significant.
Zurich
Zurich is a large international insurer based in Switzerland with more than 53,000 employees and annual revenue exceeding 47 billion dollars. One of its largest subsidiaries is Farmers Insurance. Your claim will often be handled by an adjuster located many miles away who may not be familiar with Iowa law. Regardless of location, they will have been trained to pay you as little as possible, and Iowa law is unlikely to factor into their thinking unless an Iowa attorney is actively pushing back on your behalf.
If you have been injured in Webster City or anywhere in Hamilton County, Iowa, do not face these companies alone. Contact Walker, Billingsley and Bair for a no-cost injury case review. Get Your Free Case Review Today
Right Turn Bicycle Accidents in Iowa: Liability and How to Prove It
Webster City has streets and intersections where cyclists and motor vehicles share space, and one of the most dangerous scenarios a cyclist can face is what is commonly called a right hook accident. This occurs when a car turning right strikes a bicyclist riding alongside it, whether in a bike lane, on the shoulder, or near the right edge of the road. Fault typically lies with the driver, but establishing that liability requires presenting the right evidence.
How Right Turn Bicycle Accidents Happen
There are three common ways a right hook accident occurs. First, a bicyclist and a car approach an intersection at the same time, and the driver turns right without seeing the cyclist, resulting in a collision. Second, a cyclist moves to pass a slower-moving car on the right side, putting themselves in a dangerous position when the car then makes a right turn. Third, both a bike and a car are waiting at a traffic signal, and when traffic is allowed to move, the car turns right and cuts off or strikes the cyclist.
In all three scenarios, the driver's failure to check for cyclists before turning is often the root cause of the crash. However, the driver's insurance company will not simply accept that conclusion. They will look for any evidence they can use to shift blame onto the cyclist, which is why documenting the accident thoroughly and promptly is so important.
Evidence That Proves the Driver Was at Fault
A police report is one of the first pieces of evidence to secure after a right-turn bicycle accident. The responding officer will document the accident scene, record statements from those involved, and note any traffic citations issued. This report provides an official account of the incident that cannot easily be disputed.
Eyewitness accounts are often the most powerful form of evidence in these cases. Witnesses who observed what both the vehicle and the bicycle were doing in the moments leading up to the collision can establish exactly how the crash occurred and who was responsible. Identifying and obtaining statements from witnesses as quickly as possible after the crash is critical, as memories fade and people become harder to locate over time.
Video footage is another valuable source of evidence. Many intersections have traffic cameras, and nearby businesses may have surveillance cameras that captured the crash on video. Checking for this footage promptly matters because recordings are often overwritten within days or weeks. A driver can be shown to be negligent if evidence demonstrates that they were speeding at the time of the turn, failed to use their turn signal, or made an abrupt lane change without warning.
On the other side, insurance companies and defense attorneys will look for evidence that the cyclist contributed to the accident. A cyclist may share responsibility if witnesses describe them swerving between lanes, riding too close to vehicles, or ignoring a traffic control device. Under Iowa law, if a cyclist is found partially at fault, that can reduce the compensation available through a bicycle accident claim. This is why building the strongest possible case in support of the driver's negligence is essential from the very beginning.
Practical Steps to Reduce Your Risk of a Right Hook Accident
When riding near vehicles, keeping a safe distance behind them gives you time to anticipate when a turn or lane change is coming. As you approach any intersection, check your mirrors for vehicles that may be alongside you or approaching from behind. Avoid passing a car on the right unless it is genuinely necessary, and when you do pass, confirm there is sufficient room to the right of your lane to maneuver away from a turning vehicle if necessary.
Why Webster City Injury Victims Need an Experienced Iowa Attorney
Every major insurance company doing business in Iowa operates with one primary goal: pay injured claimants as little as possible. They have the money, the legal knowledge, and the trained professionals to achieve that goal against unrepresented claimants. There are some cases where handling a minor claim independently makes sense, and a qualified Iowa injury attorney will tell you honestly if your situation is one of them. But in cases involving significant injuries, ongoing medical treatment, lost wages, or any situation where the insurance company has assigned its own attorney to the file, the risk of going it alone is simply too high.