Car accidents can be severe and really damaging at times. An individual suffers through numerous losses from medical expenses, pain, suffering, vehicle damage, or lost wages. It becomes burdensome to deal with these after recovering.
Two options are mainly available to an individual to cope with the situation. One is to file a claim against their own insurance policy for no-fault coverage. The other option is to file a claim for liability coverage against at-fault coverage. These two options are used depending on the state in which one resides. If the state gives permissibility to fault-based rules, they are called tort liability or non-no-fault states.
Hence, this raises the question of whether Iowa is a no-fault state. Tom Fowler's Law article here presents a detailed guide on the topic.
What Is the Difference Between the Fault and the No-fault States?
The difference between an at-fault or no-fault state lies in the laws and rules applicable in the state after an accident occurs concerning the claims an individual can make. If you were injured, our vehicle accident attorneys in Des Moines can help you get compensated fairly.
In the case of a no-fault state, the state prohibits the driver from filing a claim against the other driver unless the situation proves damage and injury are a consequence of the other driver’s fault or when certain thresholds are met. The driver must first file a claim against their insurance policy for damage and money loss recovery.
However, a completely opposite situation takes place in an at-fault state. Here, the driver at fault is liable for a lawsuit, and a person can claim compensatory damages from them.
Is Iowa a No-fault State?
No, the state of Iowa does not follow a no-fault rule for its drivers. Insurance follows the car and not the driver in Iowa. Here, the state pursues an at-fault system under which three options are available for claiming compensation:
Firstly, the driver can claim compensatory damages and loss from their own insurance policy. However, the person must be sure of what is covered in their insurance policy.
Secondly, the driver can also claim compensatory damages from the insurance policy of the at-fault driver.
Lastly, the driver can also directly file a lawsuit for liability against the at-fault driver.
As Iowa is an at-fault state, suing the driver at-fault or the third party, including the manufacturer, is entirely valid. However, it is always suggested as the last option when settlements are a no possibility out of court.
How Can a Person Prove a Lawsuit Against Car Accidents?
While filing a claim against the other driver at fault or the third-party responsible for the accident, the driver must prove the claim. Even while filing a lawsuit, an individual must do so.
In such cases, the concerned person must keep the following points in mind:
About filing a police report
The contact information of the other driver
Maintaining medical files, reports, and bills
Proof of evidence of the vehicle damage and lost wages
Documenting the statements of witnesses at the location of the accident
The contact information of all witnesses
Taking pictures of the incident or accident as evidence
Record of healthcare appointments
What Are the Conditional Requirements of Car Insurance in Iowa?
Since Iowa is an at-fault state, an individual needs to prove financial statements and responsibility. This could be achieved by obtaining liability insurance. Iowa state regulations state that liability insurance coverage, although not a necessity yet if bought, should include coverage for:
20 thousand dollars per person and 40 thousand dollars per accident for body or physical injury.
15 thousand dollars for property damages.
However, if an individual involved in an accident proves that they are financially stable and able to fulfill the monetary requirements, Iowa does not require PIP coverage under the Iowa Motor Vehicle Finance and Safety Responsibility Act.
Still, a majority of the population needs insured, uninsured, and underinsured vehicle liability coverage.
Conclusion
Car accidents can result in serious injuries or other damages. Drivers should stay aware of state safety, vehicle regulation, and valid laws related to insurance policies. However, if individuals suffer from issues concerning traffic rules, regulations, lawsuits, and other accidental damage recovery claims, they can easily approach a law firm or an experienced attorney for legal help.