- Waukon Motorcycle Accident Injury Attorneys
- Phone: 641-792-3595
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In the wake of a tragedy, motorcycle injury attorneys become staunch supporters for riders. With a focus on motorcycle accidents, they navigate legal complexities to secure justice and compensation for injured riders.
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, from establishing injury or property loss to adhering to the statute of limitations. This guide provides essential tips and procedures to help you successfully file a claim, even if you were partially at fault or did not have a valid motorcycle license at the time of the accident.
Seek Medical Attention and Save Records
The first and most crucial step after a motorcycle accident is to seek medical attention for any injuries sustained. It is vital to gather all documentation related to your medical care, as you will need to provide proof of your injuries and related expenses when filing your claim with the insurance company.
Review Your Insurance Policy
Motorcyclists in Iowa are required to carry proof of financial responsibility, typically in the form of motorcycle insurance. Reviewing your policy immediately after an accident is essential to understand the coverage you have. Basic coverage might not be sufficient, especially if you were at fault. Additional coverage options, such as medical payments coverage, can provide more financial support regardless of fault.
File Your Claim in Time
Notify your insurance company of the accident as soon as possible and file your claim promptly. Delaying this process can result in a denied claim due to missed deadlines. If you need to file a personal injury lawsuit to recover damages, Iowa Code 614.1 gives you two years to do so.
Filing a Claim Without a Valid Motorcycle License
If you were involved in a motorcycle accident without a valid license, you could still file a claim against the other driver. Fault in an accident is not necessarily related to the status of your motorcycle license. However, you might face penalties for riding without a license.
Establishing Fault
Iowa operates under a modified comparative fault system. This means you can recover damages unless you are more than 51 percent responsible for the accident. Collect evidence such as photographs, witness testimonies, and the other driver’s contact and insurance information. Complete and mail an Iowa Accident Report to the Iowa Department of Transportation within 72 hours if law enforcement did not investigate the accident.
Dealing with Insurance Companies
The insurance company may argue that your lack of a valid license indicates fault. It is crucial to present convincing evidence that you are less than 51 percent at fault. An attorney can assist you in gathering evidence and dealing with insurance adjusters.
What If I Am Partially at Fault?
Even if you are partially at fault for the accident, you can still seek compensation. Under Iowa’s comparative negligence rules, your compensation will be reduced by your percentage of fault. For example, if you are 25 percent at fault and your settlement is $100,000, you will receive $75,000.
Reducing Your Degree of Fault
Proving that the other party was primarily responsible for the accident is essential. Collecting and presenting evidence effectively can lessen your degree of fault. An experienced attorney can help you build a strong case, gather necessary evidence, and protect your rights.
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.