Iowa Edict - Commentary on Injury & Accident Law

Question: Do I have any legal recourse in an auto accident if I was not injured? I am a truck driver involved in an accident in a company truck. The other driver admitted to being at fault along with two witnesses that stated it was his fault. He had minor injuries and was taken to the hospital. I had a stiff neck for a few days, but did not seek medical attention. I was laid off a week later. I had a clean driving record until this happened. Now I'm having a hard time getting driving jobs because of this accident. Do I have any legal recourse against the other driver from this accident?

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Before talking to the insurance adjuster or defense attorney or the case mismanager remember this from I Claudius, don't touch the figs.

The premise held by most clients is that this system of law is fair. They'll say they want only to be treated fairly. When representing themselves they make the assumption that when defense lawyers talk to you they will be fair. Well I'm here to tell you, you had better not trust in being treated fairly. I mean exactly that and it has nothing to do with whether or not the defense lawyer or the insurance company is dishonest. They don’t have to be “honest” and they aren’t trying to be “fair”. Fact is they are hoping you aren’t smart enough to ask the right questions so they don’t have to not answer you. You think I’m kidding? Hell no. I’m not and I can prove I’m right. Here let me prove it to you.

Defense work has nothing to do with treating people fairly. If it did you could come up with the name of at least one defense lawyer who has said in the past, "I don't think you're asking for enough, can I pay you more?" Or, "Did you know you're entitled under the law to be paid more for your damages?” Go ahead find me one insurance company representative that has said that in the entire history of insurance. Go ahead, think real hard; I can wait, go ahead and think harder.

Umnnn dee dum, dee-dum... Have you remembered one? No? I didn't think so. I've not heard anything like that in 30 years.

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Water is undercutting the concrete dam and a “possible” failure was announced by, well we don’t know who officially is announcing it. The story sites a meteorologist with the announcement. Last I checked meteorologists from news channels aren’t government officials. The dam is in Floyd County, Iowa that dams the Shell Rock River in northern Iowa.

This story carries some pretty nice photographs around Iowa of the flooding. 500 images of flooding in Iowa have been uploaded.

See Iowa Flood News Compendium

That's the sound of your $$ in the insurance adjuster's pocket. To the insurance industry it's called promoting the float. The float is the money they keep while you wait. It's insurance wealth that belongs to you, but insurance uses it during the delay that they create. Ka-chingggggggggggg!!! Thanks!

Insurance Lullaby: Ka-ching, ka-ching, ka-ching! Insurance Executives: Thank you juries! We fooled you again. Remember we're not to blame, it's those trial lawyers! The ones trying to help you! Oops sorry I wasn't supposed to remind you. We're your good neighbor; you know the one's you're in good hands with! Smile! Bigger ka-ching!

Sorry, when it comes to the insurance industry I love being sarcastic. A lady wrote asking me if the insurance adjuster can unilaterally assign her 50% fault for the accident even though she was not ticketed and the other driver received a citation for failing to yield the right-of-way.  The adjuster believes a driver is automatically at fault, no matter what, and he deducts 50% from the property damage. My advice is pretty straightforward and simple. He's trying to delay paying you. Can you say ka-ching?

Today let's talk about the American styled insurance that protects the float by promoting delay. When you're in an accident you need to know how to protect your claim. Because if you don't protect your claim by keeping the facts straight, you allow the adjuster to promote the float through their delaying a fair resolution. You may be honest, but don't be dumb and allow the adjuster to maladjust your case.

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The Fourth of July parade in Iowa’s Bellevue was upended when runaway horses trampled 24 people, killing one and injuring the other 23. It is said to have to do with the bridle of one horse rubbing another. The driver lost control and the rest is history.

Related media coverage:

• Caught on Tape: Horses' Rampage at Parade Kills 1, Injures Others - Chicago Tribune
• July 4th Horse Stampede Saddens Iowa - Injury Board Blog Network: St. Cloud, MN

They will loudly proclaim that no one should sue! No way, no how; after all that would be un-American! Wouldn't it?

Well that’s exactly what I’m going to suggest. After all who considers going to a parade to get killed or maimed by a stampede of horses? Hell, no one does. To those who say horses do unexpected things I say, so what, who cares and what difference does it make that a horse acts without reason? The object that acted without control was entered into a parade and within a few feet of people sitting in lawn chairs. And, it was predictable.

Think this is the first time horses have stampeded the crowd at a parade?

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