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When someone in West Union is hurt because of another person's negligence, whether in a bicycle accident or another type of personal injury incident, the insurance company on the other side is rarely on their side. Insurance companies are large, well funded organizations, and their adjusters are trained to protect company profits, not the interests of an injured West Union resident. Understanding what these companies do not want accident victims to know, along with the specific risks bicyclists face on West Union roads, can help injured residents protect their rights from the very beginning of a claim.
What Insurance Companies Don't Want West Union Injury Victims to Know
Insurance companies are among the most profitable corporations in the country, and their financial interests are not aligned with the interests of an injured West Union resident. While these companies cannot control the judges and juries who ultimately decide the value of a claim, they rely heavily on tactics designed to reduce payouts before a case ever reaches that stage. Below are several important things insurance companies generally will not volunteer to an injured person.
The Insurance Company Is Not Required to Be Fair
There is no law requiring an insurance adjuster to tell an injured person the truth or to act in that person's best interest. Adjusters will sometimes act friendly and try to build trust, a tactic that becomes especially common when injuries are serious. In reality, an adjuster's job is to pay as little as possible, and adjusters are often rewarded for keeping payouts low. They are not going to explain a West Union resident's legal rights or the best way to proceed with a claim, which is exactly why speaking with an experienced personal injury attorney early can make such a difference.
You Are Not Required to Give a Recorded Statement
Insurance adjusters often claim they need a recorded statement to evaluate a claim, but there is no legal obligation to provide one to the insurance company representing the other side. Adjusters use recorded statements to ask questions in a way that can later be used against the injured person, sometimes catching them off guard about prior injuries or conditions. Because credibility matters so much in an injury case, West Union residents should be cautious before agreeing to any recorded statement and should speak with an attorney first.
Their "Final Offer" Is Rarely Their Best Offer
Insurance companies frequently describe an offer as final during negotiations, even when it is not actually the most they are willing to pay. There is little to lose by proposing a counteroffer, and in some cases pursuing a lawsuit may be necessary to get closer to a fair resolution.
Watch for Delay and Frustration Tactics
When the friendly approach does not work, some adjusters intentionally frustrate injured people with low initial offers, hoping the person will eventually accept a low settlement just to be done with the process. West Union residents dealing with a serious injury that could have lasting effects on their health should consider turning the matter over to an experienced attorney who deals with these tactics regularly and can prevent an insurance company from taking advantage of someone unfamiliar with the claims process.
Medical Bills Are Not Automatically Paid
An adjuster may ask an injured person to send medical bills directly to the insurance company, but that does not guarantee the bills will actually be paid. This can be a strategy to pressure someone into accepting a low settlement later, once collection calls from providers begin. In many personal injury cases, it is often best to have medical bills paid through health insurance or available medical payments coverage while a claim is pending, rather than waiting on the at-fault party's insurer.
West Union residents who are not yet ready to speak with an attorney can still request a free copy of Walker, Billingsley & Bair's Iowa Injury book, which covers these insurance company tactics and other important information in greater detail.
Common Types of Bicycle Accidents in West Union
Bicyclist injuries remain a serious concern on Iowa roads, and understanding the most common accident patterns can help West Union cyclists ride more safely and avoid dangerous situations before they happen.
Right Hook Accidents
A right hook accident happens when a vehicle making a right turn crosses directly into a cyclist's path, often at intersections, driveways, or parking lot exits. Staying slightly ahead of vehicles in the right lane at a stop, and never passing on the right, can help a cyclist stay visible to a turning driver.
Dooring Accidents
Dooring occurs when a motorist opens a car door into the path of a cyclist riding between traffic and parked cars, which can force a sudden swerve into oncoming traffic. Using a separated bike lane when available, and staying alert near parked vehicles, can help reduce this risk.
Left-Turning Vehicles
At intersections, drivers turning left are generally required to yield to oncoming traffic, but cyclists can be harder to see than other vehicles, especially in poor lighting. A driver may mistakenly assume the road is clear and turn directly into a cyclist's path. Riding with a bike light, wearing bright clothing, making eye contact with left-turning drivers, and avoiding sidewalks can all help a cyclist stay visible and avoid this type of collision.
Failure to Yield
Some bicycle accidents happen when a cyclist misjudges the speed or distance of an oncoming vehicle and fails to yield at an intersection. Even when a cyclist technically has the right of way, it is always worth a second check before entering an intersection to confirm that other drivers can see them and that the way is truly clear.
Understanding Liability After a Bike Accident Head Injury in West Union
Bicyclists, particularly those without helmets, face a serious risk of head injury when involved in a collision with a motor vehicle. For West Union residents recovering from this kind of injury, understanding how liability and compensation work can make an overwhelming process more manageable.
Who Is Liable
In Iowa, the party at fault for causing an accident is generally the party responsible for the resulting damages. In most bicycle collisions with a motor vehicle, the driver is at fault, meaning the driver's insurance is typically responsible for covering the cyclist's damages.
How to Prove Liability
An at-fault driver may attempt to shift blame onto the cyclist. Liability can be supported with evidence such as police reports, physical evidence from the scene, and witness testimony. It is also necessary to show that the head injury was a direct result of the accident itself, rather than an unrelated condition.
Determining Compensation
The value of a claim depends on several factors, including the extent of the injuries, the associated medical bills, any lost time from work or reduced ability to work, and whether the bicycle itself needs to be replaced. If a cyclist is found partially at fault, for example by riding at night without required lights, the resulting compensation may be reduced accordingly.
Statute of Limitations
If an insurance company's offer is not sufficient, an injured West Union cyclist does not have to accept it. There is a right to negotiate for a fairer amount, and if necessary, to file a claim in civil court. Under Iowa Code section 614.1, this type of claim generally must be filed within two years, so it is important not to delay in seeking legal guidance after a serious head injury.
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.