You need to apply the law concerning agency as well as the laws of torts; or in this case Chapter 321. Under agency law the one who employs another, employees is responsible to third-parties for the employees acts of negligence. Under Iowa law Chapter 321.493 the owner of a car, truck or motorcycle (any motorized vehicle) is liable for the negligent acts of those persons the owner gives permission to drive the vehicle. Iowa Code section 321.493 provides in pertinent part: [I]n all cases where damage is done by any motor vehicle by reason of negligence of the driver, and driven with the consent of the owner, the owner of the motor vehicle shall be liable for such damage. For purposes of this subsection, owner means the person to whom the certificate of title for the vehicle has been issued or assigned or to whom a manufacturers or importers certificate of origin for the vehicle has been delivered or assigned. For a case discussing this law see Zimmer vs. Vander Waall , Iowa Court of Appeals March 11, 2009. (Docket number 9-096 / 08-0662.

If I am driving for my company and get in to a car accident while on the clock are they liable for damages? Also do I need employment law or auto law?

 

A:

You need to apply the law concerning agency as well as the laws of torts; or in this case Chapter 321. Under agency law the one who employs another, employees is responsible to third-parties for the employee’s acts of negligence. Under Iowa law Chapter 321.493 the owner of a car, truck or motorcycle (any motorized vehicle) is liable for the negligent acts of those persons the owner gives permission to drive the vehicle.

Iowa Code section 321.493 provides in pertinent part: [I]n all cases where damage is done by any motor vehicle by reason of negligence of the driver, and driven with the consent of the owner, the owner of the motor vehicle shall be liable for such damage. For purposes of this subsection, “owner” means the person to whom the certificate of title for the vehicle has been issued or assigned or to whom a manufacturer’s or importer’s certificate of origin for the vehicle has been delivered or assigned.

For a case discussing this law see Zimmer vs. Vander Waall, Iowa Court of Appeals March 11, 2009. (Docket number 9-096 / 08-0662.


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How long should I want to hear back from an adjuster for a claim?  I was in an automobile collision where I was not at fault in Aug 2010. I suffered a broken foot where I needed surgery. The adjuster was very nice and indicated he wanted to get this settled quickly. He said I needed to wait until the doctor released me from care before he could settle the claim. In June 20, 2011, I sent him a letter with a packet of photos, copies of medical bills, pay stubs, explanation of the collision, etc. I also told him I expected to hear back from him 30 days from the date of the letter. On July 20th, 2011, He left a phone message saying he needed to get the medical bills directly from the facilities and needed to contact my health insurance for a lien (since they paid for most of my care). That was the last time I heard from him. It is now Jan 24, 2012 - over 6 months later. I did some research and found that the statute of limitations for personal injury is 6 months from now (2 years after the collision). Is waiting 6+ months to hear back from the adjuster as he collects this information Bad Faith?

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What can I do if I was involved in a car accident with no insurance? On Dec. 17th, I broke my pelvis when a car hit my car head-on. I was turning left at a green light, as though it were a green arrow in a moment of mental lapse. The truck was full speed as the light changed, as he was anticipating it as he approached. I have no insurance, and my plates were expired since I am unemployed, a single mom, and was waiting until after Xmas to take care of these expenses. I was dumb, I know, but what happens now? Am I going to be sued? How is fault determined in this case? Note: his 2003 Ford was also totaled by insurance, but he was uninjured.

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