Pocahontas Personal Injury Attorneys

If you have been injured in an accident near Pocahontas, Iowa, you will eventually be faced with a decision about whether to accept a settlement offer from an insurance company. Before you sign anything, it helps to understand how insurance companies operate, what evidence you need to prove liability, and what factors go into evaluating what your claim is truly worth.

Do You Have to Accept the Insurance Company's Settlement?

In Iowa, you definitely do not have to accept an insurance company's settlement offer, but there are several things to keep in mind. Are your injuries minor enough that you may be better off settling the case on your own in order to avoid having to pay an attorney a percentage of your settlement? If your medical bills have been paid by your health insurance or another insurance company, who will be reimbursing them? This is called subrogation, and it can cost you your entire settlement if you do not know what you are doing. How much time do you have until the statute of limitations expires and you will likely receive nothing?

If you do not know the answers to any of these questions, it is strongly recommended that you at least contact and speak with a qualified Iowa injury attorney. Failing to do so could cost you thousands of dollars, and sometimes your entire case.

Settlement Negotiations

Keep in mind that it is very rare for the insurance company's first offer to be their best offer. If you are trying to negotiate with the insurance adjuster on your own after a Pocahontas accident, keep the following in mind. Anything you tell the insurance adjuster can and will be used against you in your claim, and later on if there is a lawsuit, so be careful about what you say, but do not lie. If you have prior injuries and accidents, insurance companies will find out about them through the databases they share with each other. It is also not a good idea to threaten the insurance adjuster. Being nice will get you a lot further than being upset and angry with someone. Finally, know your facts, including how the injuries happened, who you treated with, and the conditions you have been diagnosed with.

Before you agree to any settlement offer in a case involving injuries, it is always a good idea to speak with a qualified Iowa injury attorney to find out if you are being taken advantage of or treated fairly. You can ask family and friends what they think, but it is better to ask someone who deals with insurance companies on a daily basis and has handled hundreds of injury cases similar to yours. No two cases are identical, but they all share common elements.

How to Evaluate the Value of a Pocahontas Claim

Proving Liability in a Right Turn Bicycle Accident Near Pocahontas

When a car turning right strikes a bicyclist, it is often referred to as a "right hook" accident. This commonly happens when a cyclist is riding on the right shoulder of the road or in a bike lane alongside a car. In these types of accidents, it is usually the driver's fault, but to prove they were liable for your injuries, you must present proper evidence of their negligence.

How Right Turn Bicycle Accidents Occur

The most common ways right turn bicycle accidents occur near Pocahontas include a bicyclist and a car approaching an intersection where the car turns right, often because the driver fails to see the bicyclist until it is too late. They can also occur when a bicyclist tries to overtake a slower moving car and passes on the right, unintentionally putting himself in harm's way when the car turns right. A third common scenario is when a bike and a car are waiting at a light, and when the signal allows traffic to move, the car turns right, cutting off or hitting the cyclist.

What Evidence Proves Liability?

To prove that the driver was primarily at fault for causing the right turn accident and not the cyclist, several types of evidence will be necessary. A police report will detail the accident scene and the events as described by the officer responding to the call, along with notes of any citations issued to the driver or the cyclist. Eyewitness accounts are perhaps the best type of evidence, as they can reveal what the bike and the car were doing prior to the collision.

A driver can be proven negligent, and thus liable, if he or she was speeding, failed to use a turn signal, or abruptly changed lanes. Likewise, if witnesses say the bicyclist was swerving between lanes, riding too close to vehicles, or ignoring a traffic control device, those facts may be used as a defense by the driver. It is also worth checking whether anyone caught video or pictures of the accident scene. Many intersections have traffic cameras that could have captured the incident, and some nearby businesses could have surveillance cameras that caught the crash.

Can You Trust the Insurance Company in Your Pocahontas Injury Case?

In Iowa alone, there are more than 100 insurance companies that sell insurance policies, ranging from personal injury coverage to workers' compensation. Although people generally buy insurance to protect themselves against future loss, paying a premium does not mean the insurance company is going to look out for you after a Pocahontas accident. Some people assume that if they are injured, their own insurance company will pursue the other driver on their behalf, but that is simply not true. While your insurance company may try to recover what it paid for property damage, it is highly unlikely to pursue a claim for your personal injuries.

If you are dealing with another insurance company, such as the company for a driver who injured you, there are a few things you should know:

• The insurance company is not representing you or your best interests
• They are not required to tell you the truth
• The insurance company is in the business of making the most profit possible, which means paying you as little as possible
• The insurance adjuster may be pleasant, but they are not looking out for you
• Insurance companies are in the business of selling insurance and do not like paying claims

We will let you make your own determination about whether you can trust the insurance company handling your Pocahontas injury claim, but it helps to keep in mind whose side that company is really on.

Tips for Dealing With Insurance Companies After a Pocahontas Accident