Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Claim — Breach of Contract (UM/UIM Benefits)
8. Second Claim — Bad Faith / Breach of Duty of Good Faith
9. Damages
10. Jury Demand
11. Prayer for Relief

Caption

IN THE IOWA DISTRICT COURT FOR [COUNTY NAME] COUNTY

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Iowa [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of Iowa, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to Iowa Code § 602.6101.

5. Venue is proper in [COUNTY] County pursuant to Iowa R. Civ. P. 1.301 because [☐ the accident occurred in this county / ☐ Defendant transacts business in this county / ☐ Plaintiff resides in this county].

6. The amount in controversy exceeds $[AMOUNT].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, Iowa.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating at an excessive or unreasonable speed (Iowa Code § 321.285)
☐ Failure to yield the right of way (Iowa Code § 321.319)
☐ Following too closely (Iowa Code § 321.307)
☐ Operating while intoxicated (Iowa Code § 321J.2)
☐ Failure to obey a traffic control device (Iowa Code § 321.256)
☐ Improper lane change (Iowa Code § 321.306)
☐ Texting/electronic device use while driving (Iowa Code § 321.276)
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff [☐ accepted UM/UIM coverage / ☐ did not execute a valid written rejection of UM/UIM coverage].

Stacking Provisions

16. ☐ Plaintiff claims stacking of UM/UIM coverages.

☐ Stacking is not at issue in this claim
☐ Plaintiff is covered under multiple policies and claims the highest available limit: [________________________________]

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

17. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) per Iowa Code § 516A.3 / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than Plaintiff's damages.

19. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

20. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

First Claim

Breach of Contract (UM/UIM Benefits)

21. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 20.

22. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

23. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

24. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff despite proper and timely demand.

25. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Second Claim

Bad Faith / Breach of Duty of Good Faith and Fair Dealing

26. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 25.

27. Under Iowa law, an insurer owes its insured a duty of good faith and fair dealing in processing and paying first-party claims.

28. Defendant Insurer breached its duty of good faith and fair dealing by engaging in one or more of the following acts:

☐ Unreasonably delaying investigation and/or processing of the claim
☐ Denying benefits without a reasonable basis
☐ Failing to make prompt payment of the undisputed portion of the claim
☐ Misrepresenting policy provisions to the insured
☐ Failing to adopt reasonable standards for claim investigation
☐ Other: [________________________________]

29. Defendant Insurer's conduct was done intentionally or with reckless disregard for Plaintiff's rights, entitling Plaintiff to compensatory and consequential damages.

Damages

30. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Consequential damages for bad faith
☐ Punitive damages (if bad faith proven)
☐ Prejudgment interest (Iowa Code § 535.2)
☐ Attorney's fees (if contractually or statutorily authorized)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM/UIM benefits in the full amount owed under the Policy;
3. Consequential and compensatory damages for bad faith;
4. Punitive damages;
5. Prejudgment interest pursuant to Iowa Code § 535.2;
6. Costs of this action; and
7. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], Iowa Attorney No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Iowa [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Iowa

Sources and References

• Iowa Code Chapter 516A — Iowa Legislature
• Iowa Code § 516A.1 — Justia (2024)
• Iowa Code § 516A.2 — Iowa Legislature
• Iowa UM/UIM Overview — Iowa Association for Justice