Avoca Car Accident Injury Attorneys

Unexpected accidents and injuries can alter lives. During these difficult moments, car accident injury lawyers are indispensable allies. They support those harmed by others' negligence, ensuring fair compensation. This piece highlights the significant role these lawyers play in guiding individuals through their claims and rebuilding their lives.

What to Do if You Were Involved in a Hit-and-Run Accident

Hit-and-run accidents are a distressing and all-too-common occurrence on the roads today. According to the AAA Foundation for Traffic Safety, approximately 11 percent of all motor vehicle crashes involve a driver who flees the scene. Tragically, about 1,500 people are killed each year in these incidents, with 60 percent of the victims being pedestrians. If you or a loved one has been injured in a hit-and-run accident, there are important steps to take to protect your rights and seek compensation for your damages.

Iowa’s Laws Regarding Hit-and-Run Accidents

In Iowa, fleeing the scene of an accident is illegal. According to Iowa §321.261, if a driver involved in an accident that causes physical harm to someone flees the scene, they are guilty of a misdemeanor. If the victim dies, the fleeing driver can be charged with a class "D" felony. Victims or their families can also file an injury or wrongful death lawsuit against the suspect if they are caught.

What to Do (and Not to Do) if You’re in a Hit-and-Run Accident

If you are involved in a hit-and-run accident, follow these steps:

1. Call 911: Immediately report the accident and any injuries.
2. Provide Information to Police: Give the police any information you have about the other driver and obtain a copy of the police report.
3. Identify the Other Driver: Try to remember details about the vehicle (make, model, color, license plate number) and the driver.
4. Gather Witness Information: Collect contact information from any witnesses.
5. Contact Your Insurance Company: Report the accident to your insurance company, review your coverage, and find out if you can file a claim.

Do NOT attempt to track down the fleeing driver. Many hit-and-run drivers flee because they are intoxicated, have a criminal record, or lack insurance. Chasing them could put you in further danger. Let the police handle it.

Filing a Car Accident Claim for a Hit-and-Run Accident

Some drivers have uninsured motorist (UM) coverage, which is optional in Iowa. UM coverage can help pay for your damages if the at-fault driver either fled the scene or lacks insurance. If you have UM insurance, contact your insurance company to file a claim. If you do not have UM coverage, you may be responsible for your own damages unless the driver is caught. Health insurance may cover some medical costs after you meet your deductible.

Personal Injury Claims & Insurance Fraud Investigators

When filing a personal injury claim, insurance fraud investigators may examine the case for fraudulent activity. If you suffer injuries in an accident, contacting a personal injury attorney can help you file the claim and address any accusations of fraud.

Types of Surveillance After Filing a Personal Injury Claim

Insurance fraud investigators may monitor claimants for signs of exaggerated injuries. Common surveillance methods include:

- Monitoring Social Media: Investigators may check your social media posts for discrepancies in your injury claims.
- Following Daily Activities: Investigators may physically follow you to observe your activities.
- Collecting Surveillance Footage: They may gather footage from the accident scene.
- Obtaining Statements: Investigators may speak to your friends, employers, and co-workers.

These surveillance activities can sometimes be misconstrued by insurance companies to downplay your injuries. For example, a claimant may post on social media that they feel fine despite being bedridden due to a fractured hip. This post could be used as evidence to reduce the claim's value. Hiring an attorney can help avoid these pitfalls and ensure you take the right steps for a fair settlement.

Hurt As a Passenger in a Car Accident?

Passengers injured in car accidents often face unique challenges in seeking compensation. Whether the driver of the vehicle you were in or another driver was at fault, understanding your rights and potential compensation sources is crucial.

Know Your Rights

If you were not negligent as a passenger (e.g., you didn’t cause the accident by grabbing the steering wheel), you should not be assigned fault. However, if you were not wearing a seatbelt, your compensation might be reduced.

Where to Recover Compensation

If the Driver of Your Vehicle is at Fault:

If the driver of the vehicle you were in is at fault and lacks sufficient insurance, check your own car insurance policy. Iowa law requires insurance companies to offer underinsured motorist (UIM) coverage, which can help if the at-fault driver doesn’t have enough insurance.

If Another Driver is at Fault:

First, seek compensation from the at-fault driver's insurance. If their insurance is insufficient, check for UIM coverage on the vehicle you were in and your own policy.

If Both Drivers are at Fault:

You may have claims against both drivers' liability policies. If your injuries exceed the available coverages, UIM coverage on your policy or that of a household member may provide additional compensation.

Potential Pitfalls

Be cautious when dealing with serious injuries and UIM insurance coverage. Settling with the at-fault driver's insurance without following UIM policy procedures can prevent you from receiving additional compensation. Document who is paying your medical bills and who is reimbursing your health insurance company to avoid complications.

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.