Fairfax Car Accident Injury Attorneys

Lives can be instantly altered by accidents and injuries. In such tough periods, car accident injury lawyers become crucial allies. They advocate for those injured due to others' negligence, ensuring fair compensation. This article emphasizes the important role these lawyers play in assisting individuals with their claims and restoring normalcy.

Thoracic Strain in Car Accidents

Even minor car accidents can cause significant back injuries. In a car accident, the human body can be jarred, twisted, and impacted with substantial force, even if the vehicle damage seems minor. Sometimes, symptoms of back injuries don’t appear until several days or weeks after the collision. It is crucial to seek medical attention even if you don’t immediately feel hurt. One seemingly minor injury that might occur in an accident is a thoracic strain.

What is a Thoracic Strain Injury?

Thoracic injuries affect the mid-back region of the body. Strains are injuries to muscles or tendons (which attach bones to muscles). Thus, a thoracic strain is an injury to a muscle or tendon in the mid-back region. These injuries can range in severity from a muscle pull to a muscle or tendon rupture, in which the muscle or tendon actually tears.

Seeking Medical Treatment for Thoracic Injuries

Treatment for a thoracic strain injury generally includes rest to allow the damaged muscle or tendon to heal. It may take several weeks or months for a torn muscle or tendon to heal, while a pulled muscle might take a week or so. A doctor will likely order an X-ray or other tests and perform an exam to diagnose the injury and its severity.

In severe cases, surgery might be required to repair the muscle or tendon. But in most strain injury cases, the patient is instructed to rest and perhaps avoid certain activities. Physical therapy may be part of the recovery program to improve mobility during recovery. A doctor also may recommend over-the-counter medication or might prescribe a medication.

Be sure to retain copies of all medical bills, prescription costs, or other important medical information that you might need to support your auto insurance claim or lawsuit.

Filing a Bodily Injury Claim for a Thoracic Strain

Iowa is a fault state when it comes to auto insurance claims. This means that the person at fault for an accident is liable for bodily injury and property damage. If you were at fault for the accident, you will need to file your bodily injury claim with your own insurance company if you have appropriate coverage like a no-fault medical payments (MedPay) policy that covers your injury-related expenses. You also may need to use your health insurance if you caused the accident.

If another driver was at fault, you may file an insurance claim with that driver’s insurer. This allows you to recover compensation for medical bills, lost wages, and pain and suffering related to a car accident injury like a thoracic strain. You also may rely on your own coverage, but ultimately the other driver is responsible for your damages.

If you are unsure of how to proceed or have concerns about the assignment of fault in your car accident claim, seek the assistance of an auto accident lawyer to help with your case.

 Hurt as a Passenger in a Car Accident?

A large number of car accident injuries occur to passengers, and they aren’t always sure what compensation they deserve. The driver of the vehicle they were riding in, another driver, or in some cases, multiple drivers could be at fault. There are some special considerations in these cases that are different from your normal car accident cases.

Know Your Rights

Assuming that you were not negligent as a passenger (for example, you did not cause the accident by grabbing the steering wheel) then you should be assessed no fault, unless you were not wearing a seatbelt, which can reduce your compensation. Depending on the nature and severity of your injuries, there may not be enough car insurance available under the at-fault driver's policy to cover your injuries.

Iowa law only requires a minimum of $20,000 per person and $40,000 per car accident in insurance coverage. This means if the at-fault driver only has the minimum policy limits, which is quite common, then you will need to look at other insurance policies to compensate you for your injuries if they are severe enough.

Where to Recover Compensation

You were a passenger in the at-fault driver’s car:

If the driver of the vehicle you were riding in is at fault and does not have enough insurance to cover your injuries, then you will want to look at your own car insurance policy. Iowa law requires that insurance companies offer you UIM (underinsured motorist coverage), which protects you if the at-fault driver does not have enough insurance coverage.

Often, clients are worried about what will happen if they make a claim for UIM against their own insurance. Insurance rates are determined by claims made, credit score, driving record, and other factors known only by insurance companies. However, we have yet to have a client who made a UIM claim tell us that their rates were raised because they made a UIM claim. There are hundreds of insurance companies to choose from, and if your rate does go up, you can shop around for a better rate. If you decide not to make a UIM case, you could be costing yourself tens of thousands of dollars depending on the severity of your injuries and the amount of coverage you purchased.

Another vehicle is at fault:

If another driver was at fault, you would first look to the insurance for the at-fault driver. If the at-fault driver does not have enough insurance, you may have one or more insurance policies still available to provide you compensation. If the vehicle you were riding in had insurance, then any UIM coverage available would be primary to compensate you if injuries exceed the at-fault driver’s insurance policy limits. Also, if you have your own car insurance policy or are covered by another person, then you may have another insurance policy to provide you with additional compensation under the UIM provisions.

Both drivers are at fault:

If both the driver of the car that you were riding in and the other drivers involved in the car accident are at fault, then you may have claims under both drivers’ liability policies. If your injuries exceed all at-fault drivers’ available coverages, you can still be covered under a car insurance policy that you or a member of your household purchased. You may be able to seek additional compensation up to the policy limits of the UIM coverage under the secondary policy.

What Can Go Wrong

There are many potential pitfalls when dealing with serious injuries and UIM insurance coverage. If you settle with the at-fault driver’s insurance company on your own and do not follow the proper procedures set forth in the UIM car insurance policy, you may not be able to receive additional compensation. You need to know who is paying your medical bills and who is paying your health insurance company back. Failing to have this documented in writing can result in some or all of the money you receive being paid to medical providers and/or health insurance companies.

If you have been injured and your injuries exceed the policy limits of the at-fault driver(s), before you agree to any settlement, you should at least talk to a qualified car accident attorney. We have helped thousands of Iowans injured in car accidents, many of which had UIM claims. 

Hit-and-Run Accidents: Someone Hit Your Unattended Car

You go to the store and come back to find your parked car damaged in a hit-and-run accident. Someone hit your car and didn’t even bother to leave a note. Besides feeling wronged and frustrated because of the hit-and-run of your parked car, what do you do?

When Someone Hits Your Car While It's Unattended

The first thing you’ll want to do is double-check to make sure the driver didn't leave a note on your car. Iowa § 321.264 requires drivers who hit an unattended car to notify the owner or operator of the vehicle. If the driver cannot be found, the law stipulates that the driver who did the damage must “leave in a conspicuous place in the vehicle struck a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof.” If the driver fails to leave you a note, then he or she is guilty of a misdemeanor. In this case, you’re probably wondering how you go about getting compensated so you can get your car fixed.

Well, a few good guidelines to abide by if you’re the victim of a hit-and-run are to:

- Notify the police and file a report.
- Try to speak to any nearby witnesses who might have info on the driver.
- Call your insurance company to report the accident.

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.