Woodbine Car Accident Injury Attorneys

A car accident near Woodbine brings up a lot of questions that go beyond who caused the crash. Does your own insurance cover your vehicle? Do you still have a case if you were not wearing a seatbelt? And what happens if the other driver was drunk? The Woodbine car accident attorneys at Walker, Billingsley & Bair want local drivers to understand all three so they can protect their claim.

Understanding Comprehensive and Collision Coverage in Iowa

In the state of Iowa, minimum insurance requirements call for liability insurance only. Iowa law does not require drivers to carry comprehensive and collision coverage, so it is entirely up to the individual driver whether he or she protects his or her own vehicle through additional coverage.

Collision coverage pays for repairs to your vehicle regardless of who is at fault, and pays for replacement costs if your vehicle is totaled, plus the tax and tags needed to purchase a replacement. It also typically pays for damages from a hit-and-run accident, though a police report is usually required, and it comes with a deductible that must be met before repairs are covered. Comprehensive coverage, on the other hand, pays for damage unrelated to a traffic accident, such as vandalism, theft, falling debris, fire, natural disasters, striking an animal, or a cracked windshield, again after the deductible is met.

Do You Still Have a Case If You Weren't Wearing a Seatbelt?

The short answer is yes, you still have a case. However, Iowa law requires all front-seat occupants to wear a seat belt, and anyone under the age of 18 who is not in a car seat must wear a seat belt in both the front and back of a vehicle. Iowa follows a system called comparative fault. In 2018, the Iowa legislature passed a new law, Iowa Code section 321.445, increasing the percentage of fault you can be assigned from 5 percent to 25 percent for failing to wear a seat belt when required to do so by law.

Why Is This Important?

For every percentage of fault a judge or jury assigns you, your damages are reduced accordingly. If you are the driver or front-seat passenger not wearing a seat belt during a crash caused by someone else, and you are found 25 percent at fault for not buckling up, your total recovery is reduced by that same 25 percent. Insurance companies will also argue that you can be found comparatively at fault for failing to wear a seat belt in the back seat, even though it is not illegal to do so, and district courts have gone both ways on this issue.

Medical Evidence and Attribution Bias

Sometimes a judge will require the defendant and their insurance company to submit medical evidence in court, usually a doctor or other expert testifying about how your injuries would have been less severe if you were wearing a seat belt, citing studies that support that position. If the jury knows you were not wearing your seat belt, they may be more critical of you and award less compensation overall, in addition to finding you partially at fault. This is partly explained by what is called attribution bias, where jurors do not want to imagine that they could be injured like you were, so they look for fault in what you did to cause your own injuries.

Good Reasons to Always Wear a Seatbelt

Statistics show that wearing a seat belt should prevent you from being ejected in a car crash, which is among the leading causes of death, and scientific data shows that overall injuries are less severe when a person is buckled in. Your damages may also be reduced because of your own fault for not wearing a seat belt, and if you are over 18 and riding in the front seat without one, you will end up with a ticket and fine to pay. There can be several extenuating circumstances that impact fault, which may require seeking legal counsel.

What If You've Been Injured by a Drunk Driver Near Woodbine?

Unfortunately, drunk drivers kill and injure more than 1,500 Iowans each year. These cases are different from a normal car accident because the other driver was under the influence of alcohol or drugs. Often the other driver will be charged criminally, and you could be required to testify in court against them.

Common Concerns in a Drunk Driving Case

Several questions often come up in these conversations. What if the drunk driver only has the state policy minimum of $20,000 per crash? Is there a way to collect more than just the policy limits? What are punitive damages, and how do you pursue them against the drunk driver? Unfortunately, drunk drivers are often not financially responsible and may have had prior drunk driving charges. They will often carry the cheapest insurance available, meaning the state minimum in policy limits, especially if they are insured through a high-risk insurance company.

What Can You Do If the Drunk Driver Does Not Have Enough Insurance?

There are really two different ways to go. First, if you purchased $250,000 or more of underinsured motorist coverage, that is the only coverage that protects you and your family financially from drivers with low policy limits. Second, you could sue the drunk driver, obtain a judgment, and try to collect the amount above the policy limits. As a general rule, if the drunk driver is convicted of OWI in relation to your crash, they are not allowed to discharge a judgment related to the crash in bankruptcy. However, even with a judgment, it can be difficult to track down assets, garnish wages, and ultimately collect the money you are owed.

Do Not Accept a Quick Offer Without Checking First

Even if you feel comfortable talking to insurance adjusters on your own, you should consider consulting with a qualified attorney. For example, you do not want to accept a policy limits offer from the drunk driver's insurance company without first providing information to, and requesting permission from, your own insurance company. Failing to do this properly can result in your own insurer arguing they do not owe you anything because they were prejudiced by your actions. You also have to deal with subrogation claims from hospitals trying to get paid in full, your health insurance company, or your own car insurance company if you used the medical payments portion of your policy.

You Do Not Need an Attorney for Every Drunk Driver Case

If your injuries were minor and you were fine within a few weeks, you may be able to handle the case on your own. However, if you sustained more serious injuries, such as broken bones, required surgery, extensive physical therapy, pain management treatment, or permanent scarring, it makes sense to have someone watching out for you so you do not make a costly mistake and receive the compensation you should.