Uninsured Motorist Claims
In Iowa, like many other states, drivers are required to carry auto insurance to cover potential damages in the event of an accident. However, not all drivers comply with this requirement, leading to situations where an uninsured driver causes an accident resulting in personal injuries.
When an individual is injured by an uninsured driver in Iowa, the injured party may face challenges in seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.
Uninsured Driver Victim Attorneys in Des Moines, IA
Were you involved in an uninsured driver collision recently in the State of Iowa? If so, we highly encourage you to reach out to the experienced legal team at McCarthy & Hamrock, P.C. Attorney Landry has over three decades of experience negotiating and litigating for victims of collisions with positive results. He can begin examining the facts of your case and work tirelessly to obtain a monetary award or settlement fit to cover your damages.
Schedule your first consultation with the attorneys at McCarthy & Hamrock, P.C. by calling our office at (515) 279-9700 or simply submitting an online contact form. McCarthy & Hamrock, P.C. has an office in West Des Moines and accepts clients through all parts of Polk County and Dallas County including Des Moines, Polk City, Winsor Heights, Dexter, Adel and Minburn.
Uninsured Motorist Information Center
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- Iowa Minimum Insurance Coverage Laws
- Penalties for Failing to Carry Insurance After an Accident
- Iowa’s No-Fault System
- What to do After an Uninsured Driver Accident
- How a Lawyer Can Help Someone Involved in an Uninsured Driver Accident
Minimum Coverage under Iowa Law
Iowa law dictates that drivers must carry a certain minimum amount of insurance. The amounts are as follows:
- $20,000 for bodily injury liability per person registered to the vehicle
- $40,000 for bodily injury liability per person per accident
- $15,000 for property damage per accident
Driving without, or under, these minimums can result in a loss of license for multiple offenses, or a ticket. Typically, a citation will be cited and the responsible driver will have 30 days to obtain insurance. If the insurance is obtained within that time and the fine is paid, the driver can have the citation dismissed in court.
For other drivers, however, lack of insurance can be devastating. Insurance payouts are established based on fault. If the other driver is 50% or more at fault and does not have insurance, it may be difficult for the affected driver to receive compensation for the accident.
Finally, driving without insurance can result in a $325 fine or community service.
Failure to Carry Insurance after an Accident
Involvement in an accident elevates the penalties for driving without a license. The mandatory fine becomes $645 and carries with it the possibility of vehicle impoundment and suspension of license and registration for up to 12 months.
Unlike a simple traffic stop, involvement in a traffic accident, no matter who is at fault, will result in heavy penalties for the driver. In addition to possible suspension, the driver may be required to retake a driving exam, take tests and pay other fees.
Finally, in both cases of failing to carry insurance, the driver may be required to receive an SR-22 coverage guarantee from their new insurance provider, which can increase their policy anywhere from $45 for State Farm to $102 for Allstate. Increased insurance rates are likely, and some insurance providers may simply deny coverage outright based on a poor driving record.
No-Fault System and the Statute of Limitations
Iowa follows a modified no-fault system, meaning that injured parties can pursue a claim against the at-fault party if their injuries meet certain criteria. Severe injuries, significant disfigurement, or substantial medical expenses may allow the injured party to step outside the no-fault system and pursue a claim against the uninsured driver directly.
As personal injury lawyers, McCarthy & Hamrock are ready to provide the assistance necessary to build such a case. However, there is a limited time frame in which personal injury claims may be filed. Generally, claimants have two years from the time of the accident to file a claim against an uninsured driver – the sooner the better.
What To Do After an Accident
Establishing the uninsured driver’s liability is crucial. This involves gathering evidence such as police reports, witness statements, and any available video footage to demonstrate that the uninsured driver was at fault for the accident.
After making sure the other person is okay, the first thing to do is to call the police. Take photos of your car and the other person’s car, including the license plate, as well as anything else related to the accident. In order to receive damages and an insurance payout, the claimant must prove that the accident was not the claimant’s fault. In Iowa, if the driver was at fault for 51% of the accident, then they may not receive any insurance payout.
The second thing to do is to call your insurance company. Explain what happened, clearly and calmly, and make sure to explain what happened. Do the same when the police arrive.
After the accident, it’s important to follow up with your insurance company and your law firm to make sure everything is in order. Insurance companies, and the other driver, may try to fight your claim of what happened.
How a Personal Injury Lawyer Can Help in an Uninsured Accident Case
If you have received an injury as the result of an accident, then call McCarthy & Hamrock immediately. Personal injury claims are extremely complex, especially when they involve uninsured drivers. An experienced personal injury attorney can help navigate the legal process, negotiate with insurance companies, and ensure that the injured party’s rights are protected.
The lawyer will begin by gathering evidence, contacting expert witnesses, and building a case to prove that you were injured in the car accident. As a tort case, your claim will be in civil court, and the amount that you receive will be determined by the financial capabilities of the other driver.
Hire a Personal Injury Lawyer in Des Moines, Iowa | McCarthy & Hamrock
Navigating a personal injury case is an extremely tricky business. Our lawyers at McCarthy & Hamrock are experienced PI attorneys and are ready to fight for you in court. You only have a limited amount of time to file a claim against the at-fault driver, so it’s important you get started on your case as soon as possible.
Call McCarthy & Hamrock, P.C. today at (515) 279-9700 or simply submit an online contact form to schedule your first consultation. McCarthy & Hamrock, P.C. has offices in West Des Moines but accepts clients throughout the greater Polk County and Dallas County area.