Uninsured Motorist (UM) Car Crash Claims in Nebraska: Your Complete Guide

Understanding UM Coverage in Nebraska

Driving on I-80 near North Platte, Grand Island, or Omaha always carries the risk of an accident. But what happens when the driver who smashes into your car does not have a dime of insurance? Despite strict state laws, thousands of drivers in Nebraska operate their vehicles illegally without liability coverage. If you are injured by one of these drivers, you might assume you are out of luck. Fortunately, Nebraska law protects you through your own insurance policy via Uninsured Motorist (UM) coverage. To ensure your own insurance company treats you fairly and pays out the maximum limits, finding a tough car accident lawyer in our US Lawyers directory is highly recommended.

Filing a claim against your own insurance company can feel awkward, but it is exactly what you have been paying premiums for. By understanding how UM coverage works and when it applies, you can secure the money you need for hospital bills and lost wages.

Nebraska's Mandatory UM Coverage Laws

In Nebraska, you do not have to worry if you 'forgot' to add UM coverage to your policy. Under Neb. Rev. Stat. § 44-6408, it is mandatory. Every single auto insurance policy issued in the state must include Uninsured Motorist coverage. The state requires a minimum limit of $25,000 per person and $50,000 per accident (often written as 25/50). However, many drivers carry much higher limits, such as 100/300, which provides significantly more protection if you suffer a severe injury.

This coverage steps into the shoes of the at-fault driver. Essentially, your own insurance company acts as if they insured the driver who hit you, compensating you for medical bills, lost wages, and pain and suffering up to the limit of your UM policy.

Specific Scenarios and Victim Types

UM coverage applies to several different scenarios beyond just getting hit by a driver who let their policy lapse.

Hit-and-Run Victims

If you are struck by a hit-and-run driver in Lincoln or Bellevue, and the police cannot identify them, that phantom driver is legally treated as an uninsured motorist. To use your UM coverage in a hit-and-run, your insurance policy usually requires that actual physical contact occurred between your vehicle and the phantom vehicle, and you must report the crash to the police, such as the Omaha Police Department, Omaha, immediately (usually within 24 hours).

Drivers with Minimum Coverage Limits

Sometimes the at-fault driver has insurance, but it is not enough. If they only carry the state minimum of $25,000, and your hospital bills are $75,000, they are considered an 'underinsured' motorist (UIM). Nebraska law bundles UM and UIM coverage together. In this scenario, you would collect the $25,000 from the at-fault driver's insurance, and then file a UIM claim against your own policy to cover the remaining $50,000 (provided your UIM limits are high enough).

Passengers in an Uninsured Vehicle

If you are riding as a passenger in your friend's car, and your friend (who has no insurance) causes a crash that injures you, you can typically use your own auto insurance policy's UM coverage to pay for your injuries, even though your vehicle was not involved in the crash. UM coverage generally follows the person, not just the car.

Stacking Insurance Policies in Nebraska

If you live in a household with three cars, all insured under separate policies with $50,000 UM limits, can you 'stack' them together to claim $150,000? In Nebraska, the answer is usually no. State law allows insurance companies to write strict 'anti-stacking' provisions into their contracts. This means your recovery is generally capped at the single highest limit of any one policy you own. Because you cannot combine policies, it is incredibly important to purchase a single, high-limit UM/UIM policy to protect yourself.

Step-by-Step Guide to Filing Your UM Claim

Treat a UM claim with the same seriousness as a lawsuit against a stranger. Your insurance company will still try to minimize your payout.

• Step 1: Report the Accident. Call the police and file an official report. You must also submit a Form DR 41, Nebraska, Department of Transportation, Driver's Motor Vehicle Accident Report if the crash caused injury or significant property damage.
• Step 2: Notify Your Insurer. Inform your insurance company about the crash immediately, but do not give a recorded statement about your injuries until you speak to a lawyer.
• Step 3: Prove the Other Driver Was Uninsured. Your attorney will investigate the at-fault driver to legally confirm they lacked active insurance on the date of the crash.
• Step 4: Demand Maximum Compensation. If your insurance company lowballs your UM claim, your attorney can file a breach of contract lawsuit against them at the District Court of Lancaster County, Lincoln to force a fair payout.

Frequently Asked Questions (FAQ)