Best Car Accident Lawyer Davenport, Iowa – IA | Auto Accident Attorney
The Inconvenient “Truth” About Iowa’s “At Fault” State Laws, Rules and Regulations
Iowa is one of many states with an “at-fault” protocol for insurance claims. Successful claims must show majority fault on the part of the other driver using the modified comparative negligence system.
This system is a means of recovering compensation for personal vehicle injuries and property damage. If your case goes to trial, a judge or jury will determine the percentage of fault ‘you’ may or may not be responsible for. For example, personal fault of 50 percent or greater nullifies your claim. If fault is 20% of a $1000 claim, you would only be allowed to recoup $800 out of the $1000 for damages.
Do I Need to Report An Iowa Motorcycle Automobile Car Accident Injury?
The short answer is, “Yes”. The long answer is Iowa law requires drivers involved in a vehicular collision causing injury, death, disfigurement or dismemberment to be reported as quickly as possible to local law enforcement agencies.
Any death, injury or property damage 1,500 or greater must be documented on an Iowa Accident Report form, unless a report was filed by your own local law enforcement agency. Failure to do so within 72 hours suspends driver privileges.
Iowa Car Insurance Laws And What You NEED To Know About Them
Iowa does not require car insurance pre-accident so long as the responsible party shows ‘proof’ of financial accountability post-accident. The ‘at-fault’ driver can prove responsibility by having insurance, paying for the other party’s damages out-of-pocket, posting bond or offering up collateral.
If you or the other party decide to amicably handle things informally without the court system or insurance companies getting involved, consult with a lawyer and have release forms drawn to be signed and dated to protect yourself and the other party from false claims.
The easier route is via insurance. If the at-fault driver has insurance, what you will be able to recover could be far greater than what you could recover directly from the other driver.
How Do Car, Truck, and Motorcycle Accident Settlements Work In The City of Davenport, Iowa?
Everything you see on t.v. is not all it cracks up to be. We enjoy watching those fiery Judge Judy shows about vehicular accidents “gone wrong” where the plaintiff and defendant are headed to trial and getting settled out of court, and though reality is hardly as entertaining when dealing with such cases in an actual court room, a greater reality is most cases settle BEFORE it ever reaches the court room via settlements.
Settlements informally wrap up a case as a mutually agreeable remedy to prevent a lawsuit. Right or wrong, no one likes ‘going to court’. It’s time consuming, stressful and costly on both sides.
Easily calculable damages such as auto and medical bills can be negotiated ‘out’ of court. Settlements allow both parties to creatively control the outcome.
In the state of Iowa, settlement conferences are left to the discretion of local courts to make their own rules and procedures.
Keep in mind that as an injured party you have up to two years from the time of accident to file a lawsuit for personal injury and five years for property damage.