How Car Accident Compensation Works in Nebraska

All drivers in the state must have car insurance, with policies that meet minimum requirements for coverage. These requirements include: 

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident
• $25,000 for property damage per accident.

All drivers are also required to have uninsured and underinsured motorist coverage (UM/UIM) with minimum liability limits of $25,000 per person and $50,000 per accident. This provides protection if you are injured in a hit-and-run accident, or in a crash with a driver who either has no insurance or not enough insurance to cover your damages. 

In a serious car accident, damages can add up quickly and easily exceed the minimum amounts of coverage. That’s why it’s recommended that all drivers buy insurance with higher liability limits. 

There are also optional types of coverage available for additional protection. These include: 

• Medical payments coverage (MedPay), which pays for medical expenses if you or your passengers are injured in an accident
• Personal injury protection (PIP), which helps pay for medical expenses, lost wages, and other costs for you and your passengers
• Collision, which pays for damage to your own vehicle from an accident
• Comprehensive, which pays for damage to your own vehicle from events such as theft, natural disasters, and fire.

This means that the driver who caused the accident is responsible for paying for the damages it causes. Fault is often determined by the police report, witness statements, and other evidence collected at the scene of the accident. But the process of recovering financial compensation can be very complicated. 

One reason is that a negligent driver may deny doing anything wrong – even if that driver was speeding, being reckless, texting behind the wheel, or driving under the influence of alcohol or drugs. This can put you in the position of having to prove negligence. That’s why you need an experienced car accident lawyer who can move your car accident claim forward.

That may become necessary – your lawyer can advise you on the most effective strategy. You can first file a car accident injury claim with the negligent driver’s insurance company. But the insurance company will work to find ways to justify limiting compensation. For example: 

• An adjuster may ask you to make a statement or answer questions in an attempt to look for information that can be used against you. 
• The insurance company may question the seriousness of your injuries.
• The insurance company may argue your injuries were pre-existing and seek access to your medical history. 
• You may be offered a settlement that falls far short of covering the damages that you suffered.

You may also be blamed for being partially responsible for causing the accident. Under Nebraska’s modified comparative negligence system, you are able to recover compensation if you are found to be less than 50% at fault for causing a crash. But the amount of your total recovery will be reduced by your percentage of fault.

For example, if you are awarded $100,000 in compensation, but are found to be 40% at fault for causing the accident, your total recovery will by $60,000. 

That depends on several different factors. These include the type and severity of your injuries, the impact those injures have had on your life, and insurance policy limits. But in general, you can seek compensation for damages that include: 

• All current and future medical expenses related to your injuries (including diagnostic tests, imaging tests, surgery, hospitalization, home health care, medical equipment, medication, and physical therapy) 
• Lost wages if you were left unable to work because of your injuries
• Loss of future earnings if you are unable to return to work
• Home or vehicle modifications to accommodate your injuries
• Pain and suffering
• Emotional distress.

A lawyer will be familiar with state law and have a working knowledge of what it’s like to deal with insurance companies. Your attorney can:

• Review the details of your accident
• Discuss your legal options for recovering compensation
• Answer any questions you have about the process
• Investigate your accident to get the facts
• Gather evidence such as video of the crash taken by nearby cameras
• Interview witnesses
• Carefully review accident reports and medical records
• Determine the total amount of damages you suffered
• Demand appropriate compensation for your damages
• Handle all communications with the insurance company
• Keep you informed of the progress of your case
• Negotiate a settlement that meets your needs
• Draft and file the paperwork necessary to begin a lawsuit
• Present your case at trial, if needed.

The statute of limitations for taking legal action after a car accident in Nebraska is four years. That sounds like a long time. But it’s important to start gathering evidence before it gets lost or is destroyed. And witnesses can forget details about what they saw as time passes. 

If you’ve been injured in a crash, it’s in your best interests to get legal advice from an experienced Nebraska car accident lawyer as soon as possible.