1. The acceptance by any nonresident of this state of the privileges extended by the laws of this state to nonresident operators or owners of operating a motor vehicle, or having the same operated, within this state shall be deemed to be all of the following:
a. An agreement by the nonresident that the nonresident shall be subject to the jurisdiction of the district court of this state over all civil actions and proceedings against the nonresident for damages to person or property growing or arising out of such use and operation.
b. An appointment by such nonresident of the director of this state as the nonresident’s lawful attorney upon whom may be served all original notices of suit pertaining to such actions and proceedings.
c. An agreement by such nonresident that any original notice of suit so served shall be of the same legal force and validity as if personally served on the nonresident in this state.
2. a. “Nonresident” shall include any person who was, at the time of the accident or event, a resident of the state of Iowa but who removed from the state before the commencement of such action or proceedings.
b. “Person” shall mean:
(1) The owner of the vehicle whether it is being used and operated personally by the owner, or by the owner’s agent.
(2) An agent using and operating the vehicle for the agent’s principal.
(3) Any person who is in charge of the vehicle and of the use and operation thereof with the express or implied consent of the owner. [C31, 35, §5079-d11; C39, §5038.01; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §321.498] 2010 Acts, ch 1069, §102; 2013 Acts, ch 90, §84; 2014 Acts, ch 1092, §78 Referred to in §321.507, 321.511, 321.556\n\n 321.499 “Person” defined. Repealed by 2013 Acts, ch 90, §216. See §321.498. \n
Notes of Decisions
Schnebly Ex Rel. Schnebly v. St. Joseph Mercy Hosp. of Dubuque, 166 N.W.2d 780 (Iowa 1969).
· cites it 8× “On July 4, 1953 an amendment to subsection 4 of Code section 321.498 became effective. It read: "The term `nonresident' shall include any person who was, at the time of the accident or the event, a resident of the State of Iowa but who removed from the state before the…”
Davis v. Jones, 78 N.W.2d 6 (Iowa 1956).
· cites it 6× “The plaintiff sought to obtain service of an original notice on the defendant by procedure under section 321.498 (1-3), 1950 Code, as amended, by filing a copy of an original notice, with copy of the petition and amendment thereto with the Iowa Public Safety Commissioner, and by…”
Kemp v. Creston Transfer Co., 70 F. Supp. 521 (N.D. Iowa 1947).
· cites it 7× “There was then and there still is in effect a statute which now appears as Section 321.498 Code of Iowa. 1946, and which provided and provides: “321.”
Emery Transp. Co. v. Baker, 119 N.W.2d 272 (Iowa 1963).
· cites it 6× “Defendants being nonresidents of 'Iowa, service was allegedly obtained upon them under the provisions of section 321.498 et seq., Code of Iowa, 1954.”
Brandt v. Olson, 179 F. Supp. 363 (N.D. Iowa 1959).
· cites it 8× “The particular portion of the Iowa Nonresident Motorist Service Act here involved is Section 321.498, which provides as follows: “The acceptance by any nonresident of this state of the privileges extended by the laws of this state to nonresident operators or owners of operating…”
Kokenge v. Holthaus, 52 N.W.2d 711 (Iowa 1952).
· cites it 5× “Jurisdiction of defendant was obtained under the act frequently called the Nonresident Motorist Service Act, now sections 321.498 to 321.511, inclusive, Code of Iowa, 1950.”
Krueger v. Rheem Mfg. Co., 149 N.W.2d 142 (Iowa 1967).
· cites it 4× “3 is so similar to the wording of the nonresident motorist statute section 321.498 that it is fair to assume it was used as a reference, if not a model, when section 617.”
Emery Transp. Co. v. Baker, 136 N.W.2d 529 (Iowa 1965).
· cites it 4× “Defendants being nonresidents of Iowa service of notice was attempted under the provisions of section 321.498 et seq., Code of Iowa 1954.”
Struebin v. State, 322 N.W.2d 84 (Iowa 1982).
· cites it 2× “Iowa has a similar policy, reflected in section 321.498, The Code, extending personal jurisdiction to nonresident motorists.”
Farm & City Ins. Co. v. Gilmore, 539 N.W.2d 154 (Iowa 1995).
· cites it 2× “Iowa Code § 321.498 (1993). Farm & City urges that Gary is not liable because his vehicle was being driven without his consent when the accident occurred.”
Fagan v. Fletcher, 133 N.W.2d 116 (Iowa 1965).
· cites it 4× “The sole basis of appellants’ claim is that such a person is included within the term “nonresident person”, as so used in our section 321.498 (4) on the theory it is in pari materia with chapter 325, Acts 60th G.”
Knoop v. Anderson, 71 F. Supp. 832 (N.D. Iowa 1947).
· cites it 2× “499 The term ‘person’, as used in section 321.498 shall mean: “1. The owner of the vehicle whether it is being used and operated personally by said owner, or by his agent.”
— Iowa Code § 321.498(1)(a) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.