Harlan Motorcycle Accident Injury Attorneys

Motorcycle injury lawyers stand as resolute defenders for riders when calamity strikes. Their expertise in motorcycle accident cases equips them to handle legal complexities and secure fair justice and compensation for the injured.

How Do I File a Claim After a Motorcycle Accident in Iowa?

Filing a claim after a motorcycle accident in Iowa involves several critical steps, including establishing injury or property loss, adhering to the statute of limitations, and hiring a lawyer. The following comprehensive guide, provided by an established motorcycle accident law firm, outlines these steps and offers essential tips for successfully filing a claim.

Seek Medical Attention and Save Records

The first and most crucial step after a motorcycle accident is to seek medical attention if you're injured. Immediate medical care ensures that your injuries are documented, which is essential when filing a claim. Keep all medical records, bills, and any documentation related to your treatment. This evidence will be necessary to prove your injuries and expenses to the insurance company.

Review Your Insurance Policy

In Iowa, motorcyclists and motorists must carry proof of financial responsibility, typically in the form of insurance. After an accident, review your motorcycle insurance policy to understand your coverage. Basic insurance may not be sufficient, especially if you were at fault. Additional coverage types, such as medical payments coverage, can provide more extensive benefits regardless of fault.

File Your Claim Promptly

Notify your insurance company of the motorcycle accident immediately and file your claim as soon as possible. Delaying this step could result in missing time requirements and potentially having your claim denied. If you need to file a personal injury lawsuit to recover damages, remember that Iowa Code 614.1 gives you two years to do so.

Emotional Trauma After a Motorcycle Accident

Motorcycle accidents often result in severe physical injuries, but emotional trauma can also significantly impact victims. In Iowa, motorcyclists pursuing a liability claim or lawsuit against a negligent driver can include emotional distress as part of their claim.

Post-Traumatic Stress Disorder (PTSD)

Post-traumatic stress disorder (PTSD) is a common psychological condition that can develop after a traumatic event like a motorcycle accident. According to the National Institutes of Mental Health (NIMH), PTSD symptoms fall into three categories:

- Re-experiencing: Flashbacks, nightmares, and intrusive thoughts about the incident.
- Avoidance: Avoiding reminders of the event, feeling emotionally numb, experiencing guilt and depression, and having difficulty remembering the event.
- Hyperarousal: Being easily startled, feeling edgy, having trouble sleeping, and experiencing intense anger.

Head Injuries and Depression

Head injuries are a major concern for motorcyclists. Although Iowa does not mandate helmet use, wearing a helmet is strongly recommended. Research has shown a link between traumatic brain injuries (TBI) and depression. A study published in the Archives of General Psychiatry found that one-third of participants developed major depressive disorder within the first year after a TBI. Chronic stress related to recovery can also contribute to post-TBI depression.

Emotional Trauma in Personal Injury Cases

A motorcycle accident claim can include compensation for both physical and emotional injuries. Emotional trauma may involve costs for:

- Mental health assessments
- Counseling and treatment
- Mental anguish

It's important to note that failure to wear a helmet may reduce your settlement if you suffer head injuries, as the insurance company or defendant might argue that helmet use could have mitigated the injury. Discuss with your attorney how helmet use may affect your claim.

Default Insurance May Not Be Enough: Exploring Motorcycle Insurance Coverage

In Iowa, motorcyclists without proper insurance can face license suspension and financial liability for accidents. To ensure sufficient coverage, consider additional motorcycle insurance options beyond the basic liability coverage.

Uninsured/Underinsured Motorist Coverage

This coverage protects you if you're in an accident caused by a driver who doesn't have enough insurance to cover your damages. It ensures that you receive compensation even if the at-fault driver is inadequately insured.

Comprehensive and Collision Coverage

- Comprehensive Coverage: Pays for damages to your motorcycle from non-accident-related incidents, such as floods, fires, and vandalism.
- Collision Coverage: Covers the cost of repairs if you're involved in an accident with another object, not necessarily another vehicle.

Medical Expense Coverage

This coverage pays for medical expenses for you and your passengers regardless of who caused the accident. It is one of the most valuable types of coverage, providing financial protection for medical costs.

Roadside Assistance Coverage

Roadside assistance coverage offers free towing and other services if you experience a breakdown or run out of gas. Paired with excursion diversion insurance, it covers lodging, food, and transportation costs if an accident occurs more than 100 miles from home.

When Insurance Coverage is Insufficient

Despite extensive insurance options, sometimes the damages from an accident are so severe that insurance alone is not enough. In such cases, consider filing a personal injury lawsuit to recover the full extent of your damages. In Iowa, you have two years to file a claim under Iowa Code 614.1.

Consulting a Motorcycle Accident Attorney

The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.

Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.

At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595.