Iowa Car Accident Guide: How to Get Fair Compensation for Injuries

Written by

Charles R. Gueli, Esq.

Charles R. Gueli, Esq.

Licensed Attorney

Charles is a practicing attorney with over 20 years of experience in personal injury law. He was recently selected as a SuperLawyer by Thomson Reuters, an exclusive honor awarded to the top 5% of attorneys.

Read More

Email

Print

Here’s what to do after an Iowa Car Accident to protect your health and your right to injury compensation.

Iowa, also called the Hawkeye State, boasts nearly 115,000 miles of roadways, which is more than interstate highway miles in all 50 states.¹

More than 55 thousand motor vehicle crashes occur on Iowa roadways in a normal year, with more than 18,000 injuries and 330 fatalities.²

If you or a loved one were injured in an Iowa car accident, you could be eligible for compensation.

What to Do After an Iowa Car Accident

Take the following steps to protect yourself after an accident in Iowa and to build a strong injury claim.

1. Stay At the Scene and Exchange Information

Drivers in Iowa are required by law to stop after an accident to check for injuries. Stop and check that no one is hurt, even if the crash only caused property damage. Try not to block traffic, but stop at or near the scene of the accident.

Drivers must also provide their name, address, and the registration number of the vehicle to the other driver. Be prepared to show your driver’s license upon request.

2. Call 911 and Help the Injured

When an accident involves injuries or death, drivers are required to contact the police in the fastest way possible. Iowa drivers are also legally required to help the injured get to a medical facility.

Calling 911 to report the crash and ask for emergency medical services satisfies both requirements. Do your best to render “reasonable assistance” to the injured until the police or rescue squad arrives to take over.

When police are on the scene to investigate the accident, your reporting duties are done. If police are not dispatched, drivers have an obligation to notify the Iowa Department of Transpiration (DOT) of any accident occurring within the state causing death, personal injury, or total property damage of $1,500 or more.

3. Seek Prompt Medical Treatment

Refusing or delaying medical treatment after an accident is risky for your health and can undermine your potential injury claim.

Some potentially life-threatening injuries may not be obvious, especially when your body is still experiencing the shock and adrenaline rush from a sudden impact. Let the paramedics check you out. If they want to transport you to the hospital, go with them.

If you’re not transported to the hospital from the scene, go to the emergency department, an urgent care center, or see your primary care doctor the day of the accident.

It’s not a good idea to “wait and see” before seeking medical attention. If you wait a couple of days and finally go to the doctor when you can’t turn your head or raise your arm, the at-fault driver’s insurance company might dispute that your injuries are related to the crash.

4. Gather Evidence From the Scene

When you make an insurance claim, you must prove the other driver made a mistake or failed to act appropriately. The police crash report is important evidence of fault when the other driver was cited for traffic violations.

Other types of evidence to gather include:

• Photographs and video of the scene, vehicles involved, and road conditions
• Name and contact information from potential witnesses
• Your notes about the crash and the aftermath

5. Notify Both Insurance Companies

Your auto insurance policy is a binding contract between you and the insurer. The policy has a notification clause requiring the policyholder to notify the insurance company of any accidents. You are obligated to notify your insurer even when the accident isn’t your fault. In return, the insurance company has a duty to defend you if you are sued in connection with the accident.

Notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually acknowledge your letter by assigning a claim number. You may hear from an adjuster with a fast offer to settle, but don’t discuss settlement until you’ve recovered from your injuries.

Iowa Fault and Liability Rules

Iowa is a third-party liability state. Under Iowa’s fault law, you can seek compensation for damages from the at-fault driver and their insurance company.

You can still use your own insurance as appropriate. For instance, if you have collision coverage, you may choose to have your insurance company handle your vehicle repair claim. In turn, your insurer will go after the at-fault driver’s insurance company for reimbursement.

The state of Iowa follows a modified comparative fault rule. This rule states that you can pursue a claim against the other driver so long they are equally or more at fault than you. When you share 50 percent or less fault, your compensation will be reduced by your percentage of blame for the accident.

Iowa Car Accident Compensation

Insurance companies in Iowa payout more than $1.1 Billion in auto accident claims each year. Most personal injury claims settle out of court, even when a lawsuit is filed.

You can estimate the settlement value of a minor to moderate injury claim by totaling your economic damages, like medical bills, lost wages, and out-of-pocket expenses, then adding a multiple of that amount (multiply by 1-3) to account for your non-economic damages, like pain and emotional distress.

The multiple depends on the severity of your injuries. A claims adjuster won’t pay as much for non-economic damages if you only suffered minor bumps and bruises.

Severe injury and wrongful death claims should only be handled by an experienced attorney to ensure the victim and their loved ones get maximum compensation.

Average Car Accident Settlements in Iowa

The average car accident injury settlement in Iowa is $36,500, with most payouts ranging between $6,100 and $215,000. Settlements and court awards can range from $1,500 for minor injuries up to $1,500,000 or more for catastrophic brain or spinal cord injuries.

Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.

For example, look at these two rear-end accident cases with low and high payouts:

1. In Linn County, Neuleib v. Miller, IACV041579, a jury awarded $2,907 to the victim for soft-tissue neck and back injuries. The at-fault driver admitted rear-ending the victim’s car, but denied causing the victim’s injuries.
2. Similarly, in Dubuque County, Eilers v. Polfer, IACV053805, the judge awarded $92,250 to a woman for aggravation of a pre-existing lower back condition. The driver primarily at fault for the rear-end crash admitted liability but denied the other charges.

Use our free Iowa Personal Injury Calculator to estimate the value of a moderate claim.

Factors that impact car accident compensation include:

• Type and severity of injuries
• Shared fault
• Multiple-vehicle collisions
• Number of injured victims
• Fatalities
• Available insurance coverage

When you and others are badly injured, there may not be enough insurance money to cover everyone’s damages.

Iowa State Minimum Insurance Requirements

Iowa drivers are required by law to carry an auto insurance policy with a minimum bodily injury liability limits of $20,000 per person and $40,000 per accident, and $15,000 for property damage.

Optional Insurance Coverage in Iowa

Insurance companies selling auto policies in Iowa are required by law to offer optional uninsured (UM) and underinsured (UIM) motorist coverage. The policyholder has the right to decline the optional coverage.

If you choose to purchase UM and UIM coverages, you can turn to your own insurance for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no valid insurance.