Any motor vehicle accident can ruin an otherwise perfect day, but few collisions are more frustrating than those that involve drivers who can’t afford to pay for the damage they cause. If you were recently hit by an uninsured driver in Iowa, you’re probably worried about how you can get the money you need to get your life back on track. Here’s everything you need to know about responding to this unfortunate situation.
Iowa Insurance Requirements
Iowa law requires every motor vehicle to be covered by certain minimum amounts of liability insurance so that drivers can afford to pay for property damage and bodily injury they cause others. The current minimums are as follows:
• $20,000 per person in bodily injury liability coverage
• $40,000 per accident in bodily injury liability coverage
• $15,000 per accident in property damage liability coverage
Unfortunately, not everyone follows this law. The Insurance Information Institute estimates that about one in ten drivers in Iowa lacks this vital coverage, putting everyone on the road around them at serious risk in the event of an accident.
Uninsured Motorist (UM) Coverage
Fortunately, Iowa lawmakers have taken steps to address this unfortunate reality, as the state also mandates that every auto insurance policy contain an Uninsured Motorist (UM) provision, except when a policyholder rejects that provision in writing. UM insurance steps in to provide bodily injury coverage when an at-fault driver lacks their own liability policy. In effect, it provides the coverage the driver’s missing policy should have provided. You should have access to this vital safety net as long as you maintain insurance coverage of your own and did not opt out of the UM provision.
Like liability insurance, UM insurance must cover at least $20,000 per person and $40,000 per accident. However, these are just minimums, and individual drivers can purchase more extensive policies.
Be aware, though, that UM insurance does not cover a driver’s property damage. This protection is provided by collision coverage, which is an optional add-on.
Suing an Uninsured Motorist
Depending on the circumstances, you might also have grounds to file a lawsuit against the uninsured motorist and to go after their personal assets directly. This could potentially be your best recourse if you do not have UM coverage. However, you should also understand that drivers who choose to forego insurance often do so because they can’t afford the expense. In such cases, a court could order them to sell assets to pay you back or garnish their wages in order to pay you over time.
What to Do After an Accident with an Uninsured Driver
What you do in the aftermath of a collision with an uninsured driver can affect your ability to recover the full amount of compensation possible. Here are some critical steps to take:
• Alert authorities – You have a legal obligation to report an accident involving injuries or death to police. Wait at the scene until emergency responders arrive.
• Get information from the other driver – This may or may not be possible, as some uninsured drivers flee the scene in an attempt to evade financial responsibility. Don’t confront or chase the other driver if they do so, but do try to get their license plate number and a description of their car.
• Seek medical attention – Getting treatment is important not just for your health but for supporting your injury claim. Tell the doctor that you were in a car accident and let them know about any symptoms you’ve noticed.
• Report the accident to your insurer – Your insurance policy likely requires you to report the accident to your insurer within a few days. Failure to do so could jeopardize coverage. However, watch what you say, and don’t begin the claims process until you’ve talked to an attorney.
• Start an evidence folder – The more information you have about the crash and its aftermath, the better positioned you’ll be to seek fair compensation. Include details about the other driver (if you have them), your medical records, pay stubs and other proof of lost wages, and anything else that could be useful.
Finally, get in touch with an experienced car accident attorney. Most offer free consultations, so you can get a better idea about your rights and your next steps without risk or obligation. Be sure to bring your evidence folder with you to this appointment.
Get Help from Loney & Schueller, LLC Today
Hurt in an accident caused by an uninsured driver in Iowa? If so, Loney & Schueller, LLC wants to help you get all the money available for your medical bills, lost income, property damage, and pain and suffering. Contact us today to speak with an experienced uninsured motorist car accident lawyer in Iowa, and we’ll review your case in detail.
