Understanding Nebraska’s Uninsured (UM) and Underinsured (UIM) Motorist Coverage
Nebraska law mandates that all auto insurance policies include uninsured motorist (UM) coverage, unless specifically rejected in writing by the policyholder. This requirement is designed to protect you, your family, and passengers in your vehicle if you are injured by a driver who either has no insurance or flees the scene (a hit-and-run driver). Underinsured motorist (UIM) coverage, while not mandatory, is equally critical. It applies when the at-fault driver’s liability limits are insufficient to cover the full extent of your damages. These coverages are a fundamental part of your own insurance policy, acting as a financial safety net when the responsible party cannot fulfill their obligation.
The Complex Legal and Procedural Landscape of UM/UIM Claims
Filing an uninsured or underinsured motorist claim in Nebraska is not a simple process of submitting bills to your insurer. It is a complex legal proceeding that often involves adversarial negotiations, even though you are dealing with your own insurance company. Nebraska’s insurance code and court precedents have established specific rules and potential pitfalls.
A critical concept is the “consent-to-settle” clause found in most policies. This clause typically requires you to obtain permission from your own UIM insurer before you can legally settle with or release the at-fault driver’s insurance company. If you settle with the at-fault driver without this consent, you may inadvertently forfeit your right to pursue a UIM claim, leaving significant damages uncompensated. An attorney navigates this treacherous procedural requirement to protect your claim.
Furthermore, Nebraska is a “direct action” state for uninsured motorist claims. This means you can sue your own insurance company directly in court to recover UM benefits if they wrongfully deny or undervalue your claim. However, this action is governed by strict timelines and procedural rules. The interplay between negotiating with the at-fault party’s insurer and your own UIM carrier requires strategic legal planning to maximize your recovery without violating policy terms.
Why You Need a Specialized Nebraska Uninsured Motorist Claim Attorney
The insurance company, even your own, is a for-profit entity. Its adjusters are trained to minimize payouts to protect the company’s bottom line. Retaining an attorney who specializes in these claims immediately levels the playing field and signals that you are serious about pursuing the full value of your claim.
Investigation and Evidence Preservation: An attorney will conduct an immediate and thorough investigation. This includes securing police reports, locating and interviewing witnesses, collecting photographic and video evidence, and working with accident reconstruction experts if necessary. In hit-and-run cases, this investigation is paramount to identifying the fleeing vehicle, a process that often requires subpoenas and legal demands.
Handling Insurance Adjusters: Your attorney will manage all communication with the insurance companies. This prevents you from making inadvertent statements that could be misconstrued and used to devalue your claim. They understand the tactics adjusters use and know how to counter them effectively.
Accurate Valuation of Your Claim: Determining the true value of your claim involves more than just adding up medical bills. A skilled attorney will calculate all your economic damages, including past and future medical expenses, lost wages, loss of future earning capacity, and out-of-pocket costs. Crucially, they will also fight for full compensation for non-economic damages, such as pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability. They often engage with medical specialists, economists, and life care planners to build a compelling case for maximum compensation.
Navigating Policy Limits and Stacking: Nebraska allows for the “stacking” of uninsured and underinsured motorist coverages. This means if you have multiple vehicles on a policy, you may be able to combine (stack) the coverage limits for each vehicle to create a higher total limit available for your claim. Alternatively, you may have coverage from multiple policies (e.g., a personal auto policy and a household member’s policy). An attorney analyzes all potentially applicable policies to identify every available source of recovery, a complex task most individuals are not equipped to handle alone.
Litigation and Bad Faith: If your insurance company unreasonably denies your valid claim, offers a settlement far below its true value, or engages in delaying tactics, your attorney can file a lawsuit. Beyond pursuing the contracted UM/UIM benefits, they can also investigate a potential “bad faith” insurance claim. If the insurer acted without a reasonable basis for its actions, you may be entitled to additional damages beyond your policy limits, including attorney’s fees and potential punitive damages.
Choosing the Right Attorney for Your Nebraska UM/UIM Claim
Not all personal injury lawyers possess deep experience in the niche area of uninsured and underinsured motorist litigation. When selecting counsel, consider the following:
- Proven Experience: Seek a law firm with a documented history of successfully handling UM/UIM cases, including taking cases to trial when necessary. Ask about their specific results in these types of claims.
- Resources: Ensure the firm has the financial resources to invest in your case. This includes hiring expert witnesses, accident reconstructionists, and medical professionals who can testify on your behalf. These costs can be substantial but are often necessary to prove the full extent of your damages.
- Understanding of Insurance Law: Your attorney must have an intricate understanding of Nebraska insurance law, the specific language of insurance policies, and the latest court decisions that affect how these claims are interpreted and valued.
- Contingency Fee Structure: Reputable personal injury attorneys work on a contingency fee basis. This means you pay no upfront legal fees. The attorney’s fee is a predetermined percentage of the financial recovery they secure for you. If they do not win your case, you do not owe them attorney fees. This aligns their interests directly with your own.
The Financial and Physical Toll of an Accident with an Uninsured Driver
The aftermath of a serious collision is physically, emotionally, and financially draining. When the at-fault driver is uninsured or underinsured, the financial stress can be overwhelming. You may be facing mounting medical bills, an inability to work, and the costs of vehicle repair or replacement. The purpose of your UM/UIM coverage is to protect you from this exact scenario. However, recovering these benefits is rarely straightforward. Insurance companies employ teams of adjusters and lawyers whose job is to pay as little as possible on claims.
Without skilled legal representation, you are at a significant disadvantage. An experienced Nebraska uninsured motorist claim attorney serves as your advocate, your strategist, and your shield against aggressive insurance tactics. They assume the legal burden, allowing you to focus on your physical recovery. Their expertise in investigating the crash, documenting damages, negotiating with insurers, and, if necessary, litigating in court is the most critical factor in ensuring you receive the full and fair compensation you paid for through your insurance premiums.
