Asked in Insurance Bad Faith and Insurance Defense for Iowa

Q: A driver ran a red light and hit my daughter. Citation given to other driver. Can insurance try Comparative fault?

Daughter had green light. Slammed on her breaks as she saw him entering into the intersection. Insurance is trying comparative fault since she 'saw him' even though she tried to stop but couldn't entirely before he hit her. Witness said he was speeding but he wasn't cited for speeding only fail to stop at red light. Witness not recorded on police report. Witness gave written statement after claim filed. No citation for daughter. Iowa Laws.

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: An Iowa attorney could advise best, but your question remains open for two weeks. I hope everyone involved is okay. They could try, but their witness already concedes that he went through a red light. Good luck

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