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Sudden accidents and injuries can disrupt lives. During such difficult periods, car accident injury lawyers are invaluable allies. They fight for victims of others' negligence, ensuring just compensation. This article highlights the significant role these lawyers play in helping people navigate their claims and restore normalcy.
Five Car Insurance Claim Myths Iowa Drivers Should Know
Iowa law requires all drivers to show proof of financial responsibility after a car crash. For most drivers, this means auto insurance. While auto insurance is intended to protect victims of car and truck accidents—allowing injured drivers to file a claim with the at-fault driver’s insurance company—insurance claims aren’t always as straightforward as they should be.
Here are five car insurance claim myths that all Iowa drivers should know:
1. Your Insurance Will Cover Your Costs if the Other Driver Can’t
While all drivers are required to carry proof of financial responsibility in Iowa, many don’t. What this means for you is that sometimes, when another driver causes an accident, he or she has no means of paying for damages. Unfortunately, an at-fault driver’s lack of insurance/financial responsibility does not mean that your insurance will kick in and help you out.
In fact, you may not get any money from your insurance company unless you added one of the following options to your car insurance plan:
- Uninsured/underinsured (UIM) driver
- Medical payments coverage (MedPay)
2. You’ll Get the Blue Book Value for Your Totaled Vehicle
Another common myth is that when a vehicle is considered "totaled" (total loss) in an accident, you’ll get its Blue Book value. The truth is, an insurance company's obligation is only to pay for your vehicle’s actual value (as a used car) pre-crash.
By evaluating your car at that point in time, the amount that you get might not only be less than the Blue Book value of the car, but also less than what’s necessary to buy a new vehicle.
3. The Insurance Adjuster is on Your Side
Many people believe that since they "hired" their insurance company, it works for them and thus will uphold their best interests. However, insurance adjusters are often on the hunt for any signs that you did something wrong during the accident, which they can use against you to reduce your benefit amount.
Reducing your payout keeps their bottom line low, which is what their primary goal is as a profit-earning company. As such, never sign anything an insurance adjuster asks you to, and never make any admission of guilt or fault for the accident. Think about this Iowa car accident story.
4. You’ll Always Get Your Full Settlement Amount
It’s highly unlikely that you’ll be provided your full settlement amount the first time around. Rather, most insurance companies will offer you far less than what you’re entitled to, again, to see if they can cut corners and benefit their company. Never accept a settlement amount without discussing your claim with an attorney first.
5. You Can File a Claim on Your Own
While there’s no legal requirement that says that you have to have an attorney on your side to file a claim, filing a claim without a legal professional may result in a lower compensation amount than you would otherwise get.
Crushed Vertebrae from Car Accident
When someone suffers crushed vertebrae, it means the spinal bones (vertebrae) become compressed. It may occur in the lower back as well as other parts of the spine. But it's not just a matter of the vertebrae getting crushed—they fracture. And it takes a great deal of force for that to happen.
How Can a Car Accident Lead to Crushed Vertebrae?
A vertebral compression fracture requires a great deal of trauma to the back for it to occur. This can happen in a serious car crash, such as a head-on collision or when a victim gets pinned inside the vehicle. Sometimes it's a result of the occupant in a passenger car getting struck by something much larger, such as a semi.
What are the Symptoms of Crushed Vertebrae?
The most common symptom is pain in the injured area. But it can spread elsewhere if it affects the spinal cord, this may include:
- Other parts of the back
- The neck
- Hips
- Stomach
- Thighs (depending on the location of the injury)
Patients might experience tingling, weakness, and numbness. In the most severe cases, an accident victim who suffers crushed vertebrae may also suffer damage to the spinal cord, causing loss of feeling and paralysis.
What is the Treatment for Crushed Vertebrae?
Treatment for a compression fracture of the spine usually starts with conservative measures such as:
- Rest
- A back brace
- Ice/heat therapy
- Medication
There are different types of medication that may help, such as nonsteroidal anti-inflammatory drugs to relieve pain. Sometimes muscle relaxants help as well.
When there are other serious injuries or the symptoms are significant, the individual may get admitted to the hospital. Surgery is often required if the crushed vertebrae are unstable or compressing the spinal cord.
Following surgery (and sometimes without surgery), the person may undergo some type of physical therapy. The goal is to strengthen the muscles and prevent further injury.
Most of the time, crushed vertebrae heal without complications. Of course, recovery takes longer when it's a severe injury. And it's possible the individual suffers long-term complications.
What Damages Should I Seek in an Accident Claim?
If another party caused the accident that led to the crushed vertebrae, then Iowa law permits the accident victim to pursue a liability claim against the at-fault driver to recover damages.
The medical costs associated with the vertebral fracture may be recoverable through a car accident claim, for example. This should also include future expenses resulting from the injury, including any long-term care. If the patient suffered a spinal cord injury, damages can be especially substantial.
Medical costs are just one form of compensation an accident claim addresses. It's important to consider other financial losses, such as time missed from work. Whether it's a few weeks or longer, the at-fault driver's insurance company may have to cover lost wages and even lost earning capacity in the case of a permanent and severe injury. Oftentimes, with severe injuries, victims in a car accident can also recover damages related to their physical/emotional losses, such as pain and suffering.
Physical and emotional losses can include:
- Mental anguish
- Disability
- Reduced quality of life
Who is at Fault in a Left Turn Car Accident?
Left turn car accidents can be some of the most serious car crashes that we see. Often the force of the impact is localized to the passenger side of the car where hopefully someone is not sitting. Other times, the force of the impact will send the turning vehicle skidding and sometimes flipping. There are many factors to determine who is at fault for a left turn car accident, sometimes called Rules of the Road. The determination of fault is also referred to as determining who is liable for the collision or a liability determination.
Traffic Controls
The first thing to consider is what, if any, traffic controls were in the area. If you are waiting to turn left across traffic and have a green arrow, then it is most likely the other driver's fault. However, if you have a blinking yellow or red light when you turn, you may be found at fault. One of the most difficult fault determinations to make is when a driver is in the middle of the intersection getting ready to turn left when the light begins to change from green to yellow and then to red. The other driver is approaching and goes through the light. The other driver may have run the red light, but things happen quickly and if you pulled into the other driver's path then you may be at fault. In some areas in Iowa, we have traffic cameras to capture exactly what happened, but the vast majority of intersections do not have traffic cameras.
A more common left turn car accident occurs at a stop sign. A driver looks and thinks there is no traffic coming, but in fact, there is a vehicle approaching. "Look before you leap" is a term we have all heard before, but when it comes to making a left turn into traffic this is especially true. It is best to look in both directions twice to make sure no one is coming. It goes without saying, but talking on your cell phone or trying to send a text while making a left-hand turn is a bad idea. Driver distraction is the number one reason we have car accidents, to begin with. You don't want to place the safety of yourself or your passengers behind a call or text that could wait until you get home. No call or text is worth the costly price you and your family could pay if involved in a car crash.
Failing to Yield
When you are making a left-hand turn across traffic, you have the duty to yield to oncoming traffic. If you pull out in front of a vehicle that then strikes you, you are likely to be found at fault. However, if the other vehicle was speeding then they may also be found at fault for the crash. Under Iowa law, you have the right to assume that other drivers are following the traffic laws around you. This means if the driver is going 100 mph in a 55 mph zone when you turn in front of his vehicle, then the speeding driver may be 100% at fault for the collision.
Uncontrolled Intersection
If there are no traffic signals, then the general rule is that you must yield to your right. Also, as discussed above,
there are rules to yield to oncoming traffic as well. So if a vehicle is coming from your right and you turn left in front of the vehicle, then you may be at fault for the collision. As discussed above, there can be other factors such as the speed of the other vehicle which will be considered in determining fault.
Comparative Fault
Because determining fault can be difficult sometimes, Iowa has what is called comparative fault. Not surprisingly, this means that the fault of the parties is compared. In order to make any recovery, you have to prove that the other driver was 50% or more at fault. Whatever the percentage of fault that is assigned to you will reduce your recovery by that amount. For example, let's say you were turning left and it is disputed whether the other driver ran the red light or you turned in front of him just prior to impact. If a judge or jury found that you were 30% at fault and provided you with a verdict of $100,000 for your injuries, then you would only be allowed to collect $70,000 because you were 30% at fault.
Seeking Legal Assistance
Seeking legal counsel from experienced Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.