Insurance company trying to frame me for causing accident can i sue?

[dumbatlaw8888]

Jurisdiction

Iowa

I was in a 3 car accident a few months ago, I was the second car. The third car blasted me at an intersection in the rear as I was coming to a routine stop causing me to hit the car in front of me. I thought we were all in agreement and this is what the police report states happened. A few weeks later I find out the elderly woman in the first car told the adjuster she thinks she felt 2 impacts (i know i didnt hit her probably felt whiplash or the cars stopping or something), so now it's a mess. My car was hit perfectly centered and square in the rear, I hit the first car at a slant on the side; if I hit first and was already slanted the rear car wouldn't have hit me square on dead center so I think it's obvious what happened. However the rear cars insurance is trying to call it dual fault and won't settle so they are currently subrogating and it's been 3 months. I want my deductible back and depreciation from my 1 year old car that took 15k in damage. Can i sue for those if subrogation isn't settled or the insurance company for defamation, preferably in small claims court? My brother kmis my agent and she has made me out to be a liar to him, and I want them to held accountable for trying to steal fro.m me/potentially raise my rates

 

[dumbatlaw8888]

I was in a 3 car accident a few months ago, I was the second car. The third car blasted me at an intersection in the rear as I was coming to a routine stop causing me to hit the car in front of me. I thought we were all in agreement and this is what the police report states happened. A few weeks later I find out the elderly woman in the first car told the adjuster she thinks she felt 2 impacts (i know i didnt hit her probably felt whiplash or the cars stopping or something), so now it's a mess. My car was hit perfectly centered and square in the rear, I hit the first car at a slant on the side; if I hit first and was already slanted the rear car wouldn't have hit me square on dead center so I think it's obvious what happened. However the rear cars insurance is trying to call it dual fault and won't settle so they are currently subrogating and it's been 3 months. I want my deductible back and depreciation from my 1 year old car that took 15k in damage. Can i sue for those if subrogation isn't settled or the insurance company for defamation, preferably in small claims court?

My brother is my agent so the adjuster continuing to insinuate I am lying despite 0 of 3 drivers visually seeing this occur is defamatory and could cause financial loss/increased rates etc.

 

[adjusterjack]

This is not defamation. You don't get to sue anybody for defamation. If you tried you would lose.

This is how insurance claims work. The other driver's insurance company is not your insurance company and owes you nothing until a court of law says so and says how much.

Until then the other driver's insurance company's obligation is to its own insured.

Police officers don't assign fault. They just write what they see and what they are told. They didn't witness the accident. Police reports are not admissible in court. The officer can testify to what he saw but not about what he was told because that's hearsay. The individuals and witnesses testify.

If you want to sue somebody, sue the driver that rear ended you and prove, in court, with evidence, that the driver was 100% at fault.

Meantime, you can have your own collision coverage pay for your car repair and your company will attempt to recover what they paid and refund your deductible when they get it.

As for your Diminished Value claim, google the 17c formula, do the calculations and ask the other driver's adjuster for it. No guarantees.

You're just going to wait it out. Nobody's doing anything wrong or illegal to you. It's how it works.

 

[army judge]

Iowa, like every state, has a motor vehicle financial responsibility law. That's just a fancy way of saying that if you own or drive a car in Iowa, you'll need proof that you can pay for at least some of the injuries and property damage you might cause in a wreck. If you're like most people, you'll comply with this law by buying an auto insurance policy.

We cover the basics of Iowa's financial responsibility law, starting with a quick introduction to the state's fault-based auto insurance system. From there, we'll walk you through the minimum insurance amounts you must have to satisfy the law, what that insurance covers (and doesn't cover), how you can collect compensation if you're hurt in an accident, and more.

Bear in mind that you're on the hook for all damages you cause, regardless of whether you have enough insurance coverage, or not!

Talk to your insurance agent about how much liability insurance you need to protect your assets.

Insurance to Get Compensation for Your Own Injuries

How will you be compensated if you're injured in an accident? The answer is likely to depend, at least in part, on who was to blame. If the wreck was the other driver's fault, chances are you'll file a third-party insurance claim or a lawsuit against them to recover your compensatory damages.

But what if the responsible driver is uninsured? Worse yet, what if you're the responsible driver? In either of those situations, you might decide to file a claim under your own auto or other insurance policies. To do that, you'll need to make sure you have the necessary coverages in place. Here are a few examples.

You're hit by an uninsured motorist (UM) or an underinsured motorist (UIM). Give some thought to what you'll do if you're hit by an at-fault uninsured motorist or underinsured motorist. Under Iowa law, every auto liability policy must also have UM and UIM insurance coverages equal to the state's financial responsibility minimums, as discussed above. (Iowa Code § 516A.1.1 (2023).)

But these aren't really required coverages, because the named insured is allowed to reject them, in writing. (Iowa Code § 516A.1.2 (2023).) If you want this insurance, speak to your agent to make sure you haven't unknowingly rejected it.

You need to get your car repaired quickly. Suppose your car is damaged and can't be driven without repairs. If the accident was the other driver's fault, and if that driver is insured, you can collect the repair or replacement cost from their liability insurance.

Here's the problem: It's likely to take some time—time you can't afford to wait—to settle your claims with the other driver's insurance company. Until that happens, your car might have to remain out of commission unless you have some other way to pay for repairs.

If you have optional collision coverage as part of your auto policy, you can get your car fixed or replaced much more quickly. Note that collision insurance is a form of no-fault coverage, so it will cover your auto repairs even if the accident was your fault.

You have health insurance that will pay your medical bills. If you have a health insurance plan, you can almost certainly submit your medical expenses for payment or reimbursement under that policy. Once you settle with the responsible driver, your health insurer likely will expect to be reimbursed for any amounts it paid.

Failure to Comply With the Financial Responsibility Law

What happens if you're caught driving without auto insurance (or other proof of financial responsibility) in Iowa? The police officer who stops you can:

• issue a warning
• issue a citation
• issue a citation and remove your vehicle's license plate and registration, or
• issue a citation, remove your vehicle's license plate and registration, and impound your vehicle.

(Iowa Code § 321.20B.4.a (2023).)
Here's where things start to get expensive. The fine for driving without insurance is $325, if you didn't cause an accident. When you cause an accident, the fine is $645. (Iowa Code § 805.8A.14.f (2023).) You'll have to pay an administrative fee ($15) to the county treasurer to get new license plates if your original plates were removed. If your car was impounded, you must pay the towing and storage charges (likely several hundred dollars) to get it back.
If you cause an accident that results in personal injuries or property damages of more than $1,500, your driver's license and vehicle registration will be suspended if you can't post security to cover the estimated damages. (Iowa Code § 321A.5.1 (2023).) The suspension will last for a year unless you're able to post the necessary security. (Iowa Code § 321A.7 (2023).) Driving while suspended is a misdemeanor. (Iowa Code § 321A.32.1 (2023).)
On top of everything else, you still need to comply with Iowa's financial responsibility law. Needless to say, your auto insurance premiums are likely to increase substantially.

Get Help With Your Iowa Car Insurance Questions

While Iowa's financial responsibility requirements are fairly straightforward, insurance coverages are a different matter. Understanding what insurance you need, and how much you need, can be confusing and difficult. If you have questions about your auto insurance situation, your best bet will be to speak with your insurance agent or your attorney. They can explain the coverages, and the coverage amounts, that are best for you.

Iowa Car Insurance Laws

Learn about Iowa's fault-based auto insurance, how much insurance you're required to have, what's covered (and not covered) and more.

www.nolo.com

Is Iowa a No-fault State for Car Accidents? Answer Explained by A Seasoned Lawyer

Most car accidents result in damage and loss for all parties involved, especially if it is severe.



Therefore, many people end up paying high medical bills, property repairs, lost wages, and more.



Drivers involved in such incidents could be liable for damages. In order to pay for them, they have two options: file a claim against their insurance policy's no-fault coverage or against the at-fault party's liability coverage.



However, the alternatives available to the drivers depend on the state where they are, as some follow at-fault rules while others have a no-fault system.



What happens if the driver is in Iowa? Is Iowa a no-fault state for car accidents? Here's what the state laws say.

Iowa Is Not a No-Fault State: Understanding the System

In a no-fault state, when there is a car accident, each driver can file a claim with their respective insurer to cover related expenses, regardless of who was at fault.



However, unlike Minnesota and other states governed by no-fault laws, Iowa is an at-fault state.



In other words, the car insurance laws in this state indicate that the driver who causes the accident is held responsible for the injuries and losses of the other.



Iowa handles car accident cases under a fault system that determines who is financially responsible for the incident, injuries, vehicle damage, and other consequential damages.



Therefore, the party that is held accountable must use their insurance to pay the other driver the expenses related to the accident.

What Happens If Someone Drives Without Insurance in Iowa?

Under the state's traffic laws, all drivers must have adequate insurance for their safety and property.



Iowa law states that all drivers must have a policy with minimum liability coverage, including:

• $20,000 for bodily injury or death to one person in any vehicular accident
• $40,000 for bodily injury or death to two or more people in motor vehicle incidents
• $15,000 for damage or destruction of property owned by others

A driver involved in an accident who fails to show proof of insurance could face several penalties, including:

• A fine of $250
• License suspension for one year if damages caused exceed $1,500
• Vehicle impoundment
• Vehicle license plate suspension

How Is Fault Determined in Iowa?

The state of Iowa relies on the modified comparative negligence system to determine fault in an accident.



While this means that both parties involved could be held accountable for the collision or damage, this system determines that a driver can recover damages only if the other is at least 51% at fault.



Compensation is limited based on the percentage of fault, meaning the amount can be reduced according to the plaintiff's liability.



If a driver was 71% at fault in an accident in a case that awarded $10,000 in the ruling, the plaintiff receives $7,100.



Iowa law states that compensable damages are:

• Medical costs
• Vehicle repair
• Property replacement
• Pain and suffering
• Lost wages
• Wrongful death
• Car rental after a property loss or damage

What Can Affected Parties Do After a Car Accident?

Since Iowa is an at-fault state, people who are involved in a car accident due to others' negligence or wrongdoing have the right to take legal action and seek compensation for economic and non-economic damages.



In this sense, victims can:

• Make a claim against the at-fault party's insurance company
• File a lawsuit against the other driver if they were negligent and caused the accident
• Make a claim on their own insurers if they have comprehensive coverage

Should Victims Seek Legal Help?

Anyone who has suffered injuries or losses in a car accident caused by another driver can seek legal assistance and take legal action to obtain the compensation they deserve.

Is Iowa a No-fault State for Car Accidents?

Iowa is an at-fault state, so the car insurance laws indicate the driver who causes the accident is held responsible.

www.tomfowlerlaw.com

 

[zddoodah]

However the rear cars insurance is trying to call it dual fault

I think what you meant to write is that "the insurer for the rear car is calling it dual fault." "Trying to call" implies an inability to do something.

they are currently subrogating

Huh? If the claim hasn't been resolved, I doubt very much that the insurer is pursuing subrogation.

I want my deductible back and depreciation from my 1 year old car that took 15k in damage. Can i sue for those if subrogation isn't settled or the insurance company for defamation, preferably in small claims court?

Defamation? I very much doubt anyone has defamed you. Nevertheless, anyone can sue anyone for anything. The most you can sue for in Iowa small claims court is $6,500. If your deductible plus your perceived diminution of your car's value is less than that, you can sue in small claims court.

My brother kmis my agent and she has made me out to be a liar to him, and I want them to held accountable for trying to steal fro.m me

Huh? What does your desire to sue your brother for stealing from you have to do with your car accident?

My brother is my agent so the adjuster continuing to insinuate I am lying despite 0 of 3 drivers visually seeing this occur is defamatory

No it isn't.

 

[Red Kayak]

A few weeks later I find out the elderly woman in the first car told the adjuster she thinks she felt 2 impacts (i know i didnt hit her probably felt whiplash or the cars stopping or something), so now it's a mess.

No legal advice, just personal observations.

I have been in a 3 car accident while sitting at a stop light. It felt like there were two impacts, even though it was clear that the dizzy driver that hit the car behind me was the only one at fault. (It was apparently not her first time, as she chattered about her previous experiences.)

People frequently misremember really obvious details.

 

[Redemptionman]

What the OP is referring to is comparative fault, most states have adopted this model since the amount of state minimum insurance rates is not enough to cover most peoples damages. Through UIM coverage has the playing field been leveled to allow you to file a claim against your own insured and not have your rates raised from it. Really it sounds like you need to get the black boxes from the vehicles and that will be indisputable.