Iowa Car Accident Compensation Laws

One of the first things accident victims ask their personal injury lawyers is how much their car accident claim is worth. Unfortunately, this isn’t an easy question to answer. Most car accidents are minor. The biggest bruise is often to the driver’s ego and wallet. But, you may be entitled to significant compensation if your car crash results in serious injuries.

You must understand the car accident compensation laws in the State of Iowa. Just because you were in a car crash doesn’t mean you’re guaranteed to get damages. Your car accident attorney must prove that the other driver was at fault. You’ll also have to submit proof of your injuries and out-of-pocket losses.

Here, we’ll discuss the damages you can get in your auto accident claim. We will also explain what happens if you’re partially at fault for the collision. Finally, we’ll describe some of the limits Iowa law places on compensation in personal injury cases. 

Iowa Car Accident Compensation Laws: At a Glance

The chart below summarizes Iowa’s personal injury compensation laws and offers more information on Iowa’s car accident laws.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult an Iowa car accident lawyer or conduct legal research to verify your state laws.

Iowa’s At-Fault and Modified Comparative Fault Rules

Very rarely is one driver 100% responsible for a vehicle accident. Usually, one driver is primarily responsible, and the other is minimally liable for the accident. Iowa is an "at-fault" state for car insurance claims. 

You must prove the other driver was negligent to file a successful claim with the insurance company. 

To do this, your auto accident attorney must prove the following four things:

• The at-fault driver owed you a duty of care
• They breached this duty
• You suffered an injury
• Your injuries were the result of the defendant’s behavior or breach

Even if you can’t prove that the other motorist was entirely at fault, you can still collect damages. 

Iowa uses a modified comparative negligence standard, often called a modified comparative fault system. To get compensation for car accident injuries or property damage, you must show that the other party was more at fault than you were.

If your case goes to trial, the judge or jury will determine each party’s percentage of fault. You can still demand compensation if you are less than 50% at fault. The court will reduce your damages by your percentage of fault. 

For example, imagine that the other driver hits your vehicle from behind. They argue that your brake lights were out and that this is what caused the crash. The court may find that you were 20% at fault for not fixing your brake lights. Your damages will decrease by 20%. If you initially sued the driver for $100,000, you would only get $80,000.

Types of Damages Allowed in Iowa

You file a personal injury claim to recover damages for your injuries. In Iowa, you can demand two types of damages: economic and non-economic. Economic damages include calculable expenses such as auto repairs, lost wages, and future medical bills. Non-economic damages include less calculable costs such as pain and suffering or compensation for disfigurement or disability.

Examples of typical compensable car accident damages include:

• Costs for medical treatment
• Compensation for future medical expenses
• Vehicle repair or replacement
• Pain and suffering from your bodily injury
• Emotional distress
• Rental cars
• Lost wages
• Loss of affection or companionship
• Wrongful death

When you file your insurance claim (or lawsuit), you must list the damages you believe you’re entitled to and submit evidence proving these damages. In most accident cases, the insurance adjuster will make a settlement offer rather than pay your entire claim. 

Before agreeing to any settlement, you should seek legal advice from an experienced attorney. They’ll review any settlement offer from the insurance carrier and ensure the settlement release is fair. 

Limits on Damages in Iowa

Iowa has very few restrictions on car accident compensation. For instance, there is no cap on how much you can get in damages. This applies to pain and suffering damages as well.

To recover damages, you must file your claim before the statute of limitations period expires. This is the time limit Iowa law allows for filing your case. 

There are two different time limits you must meet in Iowa. First, you have two years from the date of the car accident to file a lawsuit for personal injury. Second, you have five years to sue for property damage.

Injured From a Car Accident in Iowa? Consider Legal Help

If you’ve suffered injuries in a car accident, missing a filing deadline or settling for less than your case is worth can be devastating to both you and your family. A skilled legal professional can help you learn more about the damages available to you. Get started today and contact an Iowa injury law attorney near you.