Just Been in a Car Accident in Des Moines?
Iowa’s 2-year filing deadline and modified comparative negligence rule mean the steps you take now directly affect your compensation. Here’s what to know.
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Key Takeaways
- Check for injuries and call 911 immediately — Iowa law requires drivers to report any accident involving injury, death, or property damage over $1,500.
- Iowa's 2-year statute of limitations (Iowa Code § 614.1(2)) starts from the date of your accident — miss it and you lose your right to file.
- Under Iowa's modified comparative negligence rule (Iowa Code § 668.3), you can recover damages only if you are less than 51% at fault — your award is reduced by your percentage of responsibility.
- Polk County sees thousands of traffic collisions annually, with the I-235 corridor through downtown Des Moines and the I-80/I-35 merge south of the city among the highest-risk areas.
- You are not legally required to give a recorded statement to the other driver's insurance company — early settlement offers are almost always far below the actual value of your claim.
- Most personal injury attorneys in Des Moines offer free consultations and work on contingency, meaning you pay nothing unless they win your case.
Check for injuries and call 911
Your safety and the safety of your passengers come first. Before worrying about vehicle damage, insurance, or who was at fault, take a breath and assess whether anyone is hurt.
Call 911 even if injuries seem minor. Under Iowa law, you're required to report any accident involving injury, death, or property damage exceeding $1,500 to law enforcement. The responding officer will create an official accident report — a critical piece of evidence for any future claim.
Adrenaline can mask pain for hours. Injuries like whiplash, concussions, and internal bleeding often don't produce immediate symptoms. Don't tell anyone at the scene "I'm fine" — that statement can be used against you later.
Move to safety if you can
If your car is drivable and you're not seriously hurt, move it to the shoulder or a nearby parking lot to avoid blocking traffic. Turn on your hazard lights. Des Moines corridors like I-235 through downtown, I-80, and I-35 see heavy traffic, and a disabled vehicle creates secondary accident risk — especially during rush hour near the I-80/I-35 merge south of the city.
If you can't move the car, stay inside with your seatbelt on until help arrives — standing on the roadside is dangerous, especially on the freeway.
Document the scene
Pull out your phone and photograph everything: all vehicles involved from multiple angles, the intersection or road where it happened, traffic signals or signs, skid marks, road conditions, and any visible injuries. These photos become evidence that insurance adjusters and attorneys will rely on.
Exchange information with the other driver: name, phone number, insurance company and policy number, driver's license number, and license plate. If there are witnesses, ask for their names and phone numbers — witness testimony can make or break a disputed fault claim.
Do not apologize or admit fault at the scene, even if you think you might be partially responsible. Fault determination in Iowa is a legal question that depends on all the evidence, not a split-second impression at the scene.
File a police report
If the police responded to the scene, they'll generate a report automatically. If they didn't respond or you need to report the accident yourself, Iowa law requires you to file a report with the Iowa DOT within 72 hours if the crash involved injury, death, or property damage over $1,500.
To obtain a copy of a Des Moines police accident report, you can request it online through CrashDocs.org, which is the state's official portal for purchasing Iowa crash reports. Reports are typically available 5 to 7 business days after the accident and cost $5. You can also request reports in person at the Des Moines Police Station at 25 E 1st Street — the lobby is open 7 a.m. to 7 p.m. daily. For mail requests, write to the Des Moines Police Record Section, 25 East First Street, Des Moines, IA 50309.
See a doctor within 72 hours
Even if you feel fine, see a doctor within 72 hours of the accident. Concussions, herniated discs, and internal injuries often have delayed symptoms. A medical evaluation creates a documented link between the accident and your injuries — without it, the insurance company will argue your injuries came from something else.
In the Des Moines area, UnityPoint Health — Iowa Methodist Medical Center is the only Level I Adult Trauma Center in Central Iowa. MercyOne Des Moines Medical Center operates as a Level II Trauma Center, and Blank Children's Hospital provides Level II Pediatric Trauma care. For non-emergency visits, several urgent care clinics throughout Polk County can evaluate and document accident-related injuries.
Keep every receipt, every doctor's note, and every prescription. These records form the foundation of your injury claim.
Do NOT give a recorded statement to the other driver's insurance
The at-fault driver's insurance company will contact you quickly, often within 24 to 48 hours. They may sound friendly and understanding. They are not on your side. Their goal is to settle your claim for as little as possible.
You are not legally required to give them a recorded statement. If they ask, say: "I'm not prepared to give a statement at this time." They may also offer a quick settlement. Don't accept it — early settlement offers are almost always far below the actual value of your claim, especially before you know the full extent of your injuries.
Understand Iowa's 2-year statute of limitations
Under Iowa Code § 614.1(2), you have two years from the date of the accident to file a personal injury lawsuit in Iowa. Miss that deadline and you permanently lose the right to seek compensation through the courts.
Two years goes faster than you think, especially when you're dealing with medical treatment and recovery. Building a strong case requires gathering evidence, obtaining medical records, and negotiating with insurance companies. Attorneys recommend starting the process within weeks, not months, of the accident.
Consider talking to a personal injury attorney
If you were injured, if the other driver was at fault, or if you're getting the runaround from an insurance company, it's worth having a conversation with a personal injury attorney. Initial consultations are free, and most PI attorneys work on contingency — you pay nothing unless they win your case.
An experienced Des Moines car accident attorney can evaluate whether your case has value, handle all communication with insurance companies, gather evidence and expert opinions, and negotiate a settlement that accounts for your full damages — not just your current medical bills, but future treatment, lost income, and pain and suffering.