Iowa car accident law: deadlines, fault and your claim

Filing deadlines in Iowa#

Iowa Code § 614.1 sets the statute of limitationsStatute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for most crash claims. The injury deadline usually runs from the day of the crash. For wrongful death, the deadline runs from the date of the injury, so if a person dies some time after a crash, part of the time may already have passed.

Injured children. Under Iowa Code § 614.8, deadlines are extended for minors so that a child has at least until one year after turning 18 to file. This kind of extension is a form of tollingTolling. Pausing the limitations clock, for example while the injured person is a child. Glossary, and the law applies it to claims against cities, counties and the State as well.

Claims against the government. A lawsuit against a city, county or other municipality, or its employee, generally must be filed within 2 years of the injury. A claim against the State starts with a written claim filed with the director of the Department of Management within two years after the claim accrues.

To compare Iowa with other states, try the deadline lookup tool.

How fault is shared in Iowa#

Under Iowa Code § 668.3, your own fault does not bar recovery unless it is greater than the combined fault of the defendants. A jury assigns each party a percentage, and your damages are reduced by yours. In practice, at 50% you can still recover half; at 51% you recover nothing.

Compare other shares of fault in the fault-rule explainer.

Insurance in Iowa#

Iowa drivers must carry at least $20,000 per person and $40,000 per crash for injuries, plus $15,000 for property damage. Iowa is an at-fault state, so the driver who caused the crash, through their insurer, pays. Iowa does not require personal injury protection (PIP).

• Uninsured motorist coverageUninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary. Included unless rejected in writing. The Insurance Information Institute estimates that 11.4% of Iowa drivers were uninsured in 2023, compared with 15.4% nationally.
• Underinsured motorist coverage. Included unless rejected in writing. It can pay the gap when the at-fault driver's limits are too low for your losses.

The Iowa Insurance Division takes questions and complaints about insurers at 515-654-6600. See uninsured driver accidents for how those claims work.

After a crash in Iowa#

If a crash injures or kills anyone, Iowa Code § 321.266 requires the driver to immediately notify the county sheriff, the nearest State Patrol office or another peace officer near the scene. If the crash caused an injury, a death or at least $1,500 of total property damage, the driver must also send a written report to the Iowa Department of Transportation within 72 hours. That written report is not required when a law enforcement agency investigated the crash.

If the Iowa State Patrol handled the crash, you can view State Patrol crash reports free at accidentreports.iowa.gov for 15 days, or get older ones from a State Patrol district office. If a city police department or county sheriff responded, ask that agency for its report. Read more about police reports.

Special rules in Iowa#

Seat belts can reduce damages. In a crash lawsuit, not wearing a seat belt is not evidence of comparative fault, but if it contributed to the injuries a jury may reduce the damages by up to 25%. The defense must first introduce substantial evidence that the missing belt contributed to the injuries.

A cap for big-truck cases. In a lawsuit against the owner or operator of a commercial motor vehicle that requires a commercial driver's license, noneconomic damagesNon-economic damages. Losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life. Glossary are capped at $5,000,000 per plaintiff. The cap does not apply if the court finds conduct such as drunk or drugged driving, reckless driving, excessive speeding or using an electronic device while driving. See truck accidents.

Bars and drunk drivers. Iowa's dram shop lawDram shop law. A law that can make a bar or store liable for serving alcohol to someone who then causes a crash. Glossary allows a claim against a licensed seller that sold and served alcohol to a person who was visibly intoxicated at the time. Written notice to the licensee or its insurer is due within 6 months of the injury, and noneconomic damages against the licensee are capped at $250,000 per injury or death unless the jury finds that a substantial or permanent loss or impairment of a bodily function, substantial disfigurement or death warrants more.

Crashes on Iowa roads#

The Insurance Institute for Highway Safety counted 356 crash deaths in Iowa in 2024, or 11.0 per 100,000 people, compared with 11.5 per 100,000 people nationally. Rural roads accounted for 64% of Iowa's crash deaths, and 20% were speeding-related.

Finding a lawyer in Iowa#

The Iowa State Bar Association runs Iowa Find-A-Lawyer, a website listing participating lawyers, all ISBA members. They charge from nothing to $25 for up to 30 minutes of first consultation, and the bar suggests mentioning the program and asking about that fee when you contact one. The bar's office can be reached at (515) 243-3179. Before you hire anyone, use the Iowa Judicial Branch's Office of Professional Regulation to search Iowa attorneys and check for discipline. See lawyer referral services for questions to ask.