Understanding Nebraska’s Fault-Based Insurance System
Nebraska operates under a traditional “fault”-based system, also known as a “tort” system, for car accident claims. This foundational principle means the driver who caused the accident is legally responsible for the resulting damages. Their liability insurance is designed to provide compensation to those they injured. This system directly impacts your strategy following a crash, as establishing the other driver’s negligence becomes the paramount objective for securing a full recovery.
The Critical First Steps at the Accident Scene
Your immediate actions following a collision can significantly influence the strength of your subsequent legal and insurance claim.
- Ensure Safety and Report the Accident: First, check for injuries and move to a safe location if possible. Call 911 immediately. A police response is crucial; the officer will create an official accident report, a vital piece of evidence that documents the scene, statements, and may even assign a preliminary fault determination.
- Document Everything: Use your smartphone to take comprehensive photographs and videos. Capture vehicle damage from multiple angles, license plates, the positions of the cars, skid marks, traffic signs, weather conditions, and any visible injuries. If there are witnesses, politely ask for their names and contact information.
- Exchange Information: Obtain the other driver’s name, address, phone number, insurance company, policy number, and driver’s license number. Provide your own information as well. Be polite but avoid discussing the details of the accident or admitting any fault at the scene.
- Seek Immediate Medical Attention: Even if you feel fine, adrenaline can mask pain and injuries. See a doctor as soon as possible. This creates a medical record that directly links your injuries to the accident, which is essential for proving your damages. Follow all prescribed treatment plans diligently.
Why Navigating Insurance Companies Alone is Risky
Dealing with insurance adjusters, including your own, requires caution. Their primary goal is to minimize the amount their company pays out.
- Recorded Statements: You are not legally obligated to provide a recorded statement to the other driver’s insurance company. These statements are often used to find inconsistencies or downplay your injuries. Politely decline and refer them to your attorney.
- Early Settlement Offers: Be wary of quick, low-ball settlement offers. These are frequently extended before the full extent of your injuries and long-term impacts are known. Accepting such an offer almost always requires signing a release that forever bars you from seeking additional compensation later.
- Understanding Your Own Coverage: Nebraska requires all drivers to carry minimum liability insurance: $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage. You should also understand your own policy’s optional coverages, such as Uninsured/Underinsured Motorist (UM/UIM) coverage, which protects you if the at-fault driver has no insurance or insufficient limits, and Medical Payments (MedPay) coverage, which can cover immediate medical bills regardless of fault.
The Role of a Nebraska Car Accident Attorney
Retaining a skilled personal injury attorney transforms your position from navigating a complex system alone to having an experienced advocate fighting for your best interests.
- Comprehensive Investigation: An attorney will immediately launch an investigation to preserve evidence. This includes obtaining the police report, hiring accident reconstruction experts if necessary, subpoenaing traffic camera or business surveillance footage, and identifying all potentially liable parties.
- Managing Communications: Your lawyer will handle all communication with insurance companies, protecting you from making statements that could harm your case and allowing you to focus on your recovery.
- Accurate Damages Calculation: A critical function of legal counsel is to accurately value your claim. This includes not just current medical bills and lost wages, but also future medical care, loss of future earning capacity, permanent disability, pain and suffering, emotional distress, and loss of enjoyment of life. They work with economists and medical experts to build a compelling case for maximum compensation.
- Negotiation and Litigation: The vast majority of cases settle before trial. Your attorney will negotiate aggressively with the insurance company. If a fair settlement cannot be reached, they will be fully prepared to file a lawsuit and advocate for you in court before a judge and jury.
Nebraska’s Modified Comparative Negligence Rule
Nebraska follows a “modified comparative negligence” rule (Neb. Rev. Stat. § 25-21,185.09). This doctrine can significantly impact your recovery if you are found partially at fault for the accident.
- How It Works: The court or insurance company will assign a percentage of fault to each party involved. Your total financial award is then reduced by your percentage of fault.
- The 51% Bar: Crucially, if you are found to be 51% or more at fault for the accident, you are barred from recovering any compensation from the other party. For example, if your total damages are $100,000 and you are found 20% at fault, you would recover $80,000. If you are found 60% at fault, you recover nothing.
An experienced attorney will work to minimize any allegations of shared fault against you and build a strong case for the other party’s full liability.
The Statute of Limitations in Nebraska
Nebraska law imposes a strict deadline, known as a statute of limitations, for filing a car accident lawsuit. Under Neb. Rev. Stat. § 25-207, you generally have four years from the date of the accident to file a lawsuit for property damage and personal injury. If the accident resulted in a death, a wrongful death lawsuit must typically be filed within two years under Neb. Rev. Stat. § 30-810. Failing to file within this window will almost certainly result in your case being permanently dismissed by the court. While most claims settle, knowing this deadline is critical, as filing a lawsuit is often a necessary step to force a stubborn insurance company to offer a fair settlement.
What to Look for in a Nebraska Car Accident Lawyer
When selecting legal representation, seek a law firm with a proven track record in motor vehicle accident cases. Look for specific experience with Nebraska state laws and local courts. During a consultation, which should be free, ask about their experience with cases similar to yours, their approach to investigation and negotiation, and their trial experience. Ensure they work on a contingency fee basis, meaning they only get paid a percentage of the recovery they secure for you, so there are no upfront legal costs. This aligns their interests with your own.
