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Iowa is a ?Modified Comparative Fault? state, meaning each party is responsible for damages in proportion to the percentage of fault they caused unless the plaintiff's negligence reaches 51%. This means recovery is either prevented or limited depending on how percent much the driver was at fault for the accident.
If the situation is clear-cut, or one party admits that they caused the accident, the at-fault driver's auto insurance should pay for any property damage and medical bills, and in some cases additional compensation for other damages, such as pain and suffering.
In these circumstances, representing both would present a conflict of interest. Where, as here, the passenger may raise a claim against her own driver, the representation of one client will be directly adverse to another.
Reporting an accident The driver involved in an accident occurring anywhere within the State of Iowa causing death, personal injury, or total property damage of $1,500 or more should contact the nearest law enforcement agency to have the accident investigated.
If you were in a car accident and the other driver denies liability, you still have the legal right to pursue damages. Your case must establish how the accident happened and who is liable for the resulting injuries and damages.
If the insurer discovers evidence of dishonesty, settling your case may be harder, making it more difficult for you to get compensation. Overall, the decision not to admit fault can have significant consequences that can prolong the accident recovery process, and make it more challenging to reach a fair settlement.
Though it may not seem like a big deal, apologizing can have a big impact on your ability to gain damages. If you say sorry after an accident, this could be interpreted as you admitting fault for the crash. This can be used as evidence in a personal injury case and prevent you from earning the compensation you deserve.