Hit by an Uninsured Driver in Cedar Rapids: Your Rights and Next Steps

Call 911 and request a police response. A police report is essential when the other driver is uninsured — it documents the crash, establishes fault, and records the other driver's lack of insurance. This report is the foundation of your UM claim. Cedar Rapids Police Department handles crashes within city limits, and the Linn County Sheriff's Office covers unincorporated areas.

Exchange information with the other driver even if they admit they have no insurance. Get their name, phone number, driver's license number, license plate number, and address. Some drivers claim to be uninsured at the scene but actually have coverage they forgot about or did not bring documentation for. Your insurance company will verify the other driver's coverage status independently.

Document the scene thoroughly. Photograph all vehicle damage, the positions of the vehicles, road conditions, traffic signals, and your injuries. Get witness names and phone numbers. The same evidence that supports a standard car accident claim also supports a UM claim — you still need to prove the other driver was at fault and that your injuries resulted from the crash.

Uninsured motorist coverage pays for your injuries when the at-fault driver has no liability insurance. Under Iowa Code Chapter 516A, every auto insurance policy sold in Iowa must include UM coverage at the same limits as your liability coverage, unless you specifically rejected it in writing. If you did not sign a written rejection, you have UM coverage. Iowa's minimum UM limits are $20,000 per person and $40,000 per accident for bodily injury, but many policyholders carry higher limits.

UM coverage pays for medical bills, lost wages, pain and suffering, and other damages caused by the uninsured driver — essentially the same damages that the at-fault driver's liability insurance would have covered. However, UM coverage in Iowa does not cover property damage to your vehicle. For vehicle repair costs, you will need to use your collision coverage (if you have it) or sue the uninsured driver directly.

UM coverage also applies to hit-and-run crashes where the other driver cannot be identified, and to underinsured motorist (UIM) situations where the at-fault driver has insurance but not enough to cover your damages. Check your policy — your UM/UIM limits may be higher than the state minimum if you or your agent selected higher coverage when you purchased the policy.

File your UM claim with your own insurance company as soon as possible after the crash. Provide the police report, the other driver's information, and documentation of your injuries. Your insurer will verify that the other driver was uninsured by checking the Iowa Financial Responsibility database and contacting the other driver's reported insurer (if any).

Your own insurance company is paying the UM claim, but do not assume they are on your side. UM claims are adversarial — your insurer will try to minimize the payout just as the other driver's insurer would have. They may dispute the severity of your injuries, argue you had pre-existing conditions, or claim you were partially at fault. Be careful with recorded statements. Provide factual information about the crash but avoid speculating about your injuries or fault.

If your UM claim is denied or the settlement offer is too low, you have the right to demand arbitration or file a lawsuit against your own insurance company. Iowa law provides mechanisms for resolving UM claim disputes. An attorney experienced in UM claims can help you navigate this process and ensure you receive the full value of your claim.

Yes, you can file a civil lawsuit against the uninsured driver for your damages. A court judgment in your favor establishes the other driver's legal obligation to pay. However, the practical challenge is collection — a driver who cannot afford insurance often cannot afford to pay a judgment. You may be able to garnish wages, levy bank accounts, or place liens on property, but these remedies are often slow and yield limited results.

Suing the uninsured driver can be worthwhile in certain situations: if the driver has assets (property, savings, a business), if you want a judgment on the record for future collection, or if the driver's employer or another party shares liability for the crash. An attorney can assess whether a direct lawsuit makes financial sense given the other driver's circumstances.

If you file both a UM claim and a lawsuit against the uninsured driver, your insurance company has subrogation rights — meaning they can seek reimbursement from the uninsured driver for the UM benefits they paid you. Coordinate with your insurer and any attorney to avoid duplicate recovery issues.

If you rejected UM coverage in writing when you purchased your auto policy, your options are more limited. You can sue the uninsured driver directly, but as discussed above, collecting a judgment from an uninsured driver is often difficult. Your health insurance will cover medical expenses, but it does not compensate you for lost wages, pain and suffering, or other non-medical damages.

If you have collision coverage, it will pay for your vehicle repair costs minus your deductible, regardless of whether the other driver has insurance. MedPay coverage on your auto policy, if you have it, can cover medical expenses up to the policy limit regardless of fault.

If you did not sign a written rejection of UM coverage, Iowa law provides that you have UM coverage by default — even if your insurance company claims otherwise. If your insurer is denying UM coverage, ask for the signed written rejection. If they cannot produce it, you may have a valid UM claim despite the denial. This is a situation where consulting an attorney can be particularly valuable.

Get medical treatment regardless of insurance concerns. Cedar Rapids has two Level III trauma centers — UnityPoint Health–St. Luke's Hospital and Mercy Medical Center. For the most critical injuries, patients are transferred to the University of Iowa Hospitals and Clinics in Iowa City (Level I trauma center), approximately 25 miles south on I-380. Your UM coverage, health insurance, or MedPay coverage can cover medical expenses. Do not delay treatment because you are worried about who will pay.

Iowa's statute of limitations for personal injury claims is 2 years from the date of injury (Iowa Code § 614.1(2)). This deadline applies to both UM claims and direct lawsuits against the uninsured driver. Your auto policy may also have its own claim filing deadlines — check your policy and file promptly. Delayed notice can give your insurer grounds to deny coverage.

Want to understand your options after being hit by an uninsured driver in Cedar Rapids? Get your free Injury Claim Check. You will answer a few questions about your accident and injuries. We will provide a personalized report covering your UM coverage options, filing deadlines, and whether connecting with a Cedar Rapids-area attorney makes sense for your situation. Free, confidential, and takes less time than waiting on hold with an insurance adjuster.