Nebraska law requires you to report a crash if someone is hurt or killed, or if the damage appears to be $1,500 or more. Drivers must also carry minimum liability insurance.
To recover money for your injuries or vehicle damage, you usually need to show that the other driver was at fault. If you were partly at fault, your recovery may be reduced by your percentage of fault. In most cases, you cannot recover damages if you were 50% or more responsible for the crash.
After an accident, save photos, the police report, medical records, repair estimates, and witness contact information as soon as possible. The sections below explain crash reporting, proving fault, insurance requirements, damages, and common claim issues.
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Key Takeaways
- Nebraska uses a shared-fault rule. Your compensation is reduced by your percentage of fault. If you are 50% or more at fault, you generally cannot recover damages from the other party.
- Call police after a crash involving injury, death, or apparent property damage of $1,500 or more.
- If an officer does not investigate the crash, file a Driver’s Motor Vehicle Accident Report with the Nebraska Department of Transportation within 10 days.
- Nebraska drivers must carry at least $25,000 in bodily injury coverage per person, $50,000 per accident, and $25,000 for property damage.
- Keep evidence, get medical care, save bills and other records, and consider speaking with a lawyer if you have serious injuries or fault is disputed.
Nebraska Car Accident Laws at a Glance
Nebraska car accident laws explain who may be at fault, what insurance drivers must carry, when crashes must be reported, and how long you have to file a claim or lawsuit.
Nebraska drivers must have liability insurance. If you were partly at fault for the crash, your compensation may be reduced by your share of fault. In most cases, you can’t recover damages if you were 50% or more at fault compared with everyone else involved.
Deadlines apply to injury and property-damage claims, so it’s important to act quickly. Seat-belt and other vehicle-safety laws may also affect the evidence in your case. To protect your rights, gather evidence, identify all potentially responsible parties, and understand the laws that apply to your claim.
Steps to Take After a Nebraska Car Accident
Taking quick, careful steps after a Nebraska car accident can help keep you safe, protect important evidence, and support an insurance claim or lawsuit later.
- Get to a safe place if you can. Check yourself and others for injuries. Call 911 if anyone is hurt or the crash is serious.
- Get medical care. Even if you feel okay at first, see a doctor if you have pain, dizziness, or other symptoms. Some injuries do not show up right away.
- Exchange information. Get the other driver’s name, contact information, driver’s license number, insurance information, and vehicle details.
- Do not admit fault. Do not apologize, guess about what happened, or say the crash was your fault. Stick to the facts when talking to police, insurance companies, and others.
- Take photos and gather evidence. Photograph the vehicles, damage, injuries, license plates, road conditions, traffic signs, and the area around the crash. Get contact information from any witnesses.
- Keep records. Save medical bills, treatment records, repair estimates, towing bills, rental-car costs, receipts, and any letters or emails from insurance companies.
- Notify your insurance company. Report the accident as soon as you can and follow the deadlines in your policy. Give accurate information, but do not discuss matters unrelated to the accident.
- Consider speaking with an attorney. A car accident lawyer can explain your rights and help protect your interests, especially if someone was injured or there is a dispute about fault.
| Step | What to Do | Why It Matters |
|---|---|---|
| Safety | Check for injuries and move to safety if possible | Helps protect everyone’s health and safety |
| Evidence | Take photos and get witness information | Helps show what happened |
| Records | Save bills, reports, and repair estimates | Supports an insurance claim |
| Legal help | Talk with an attorney if needed | Helps protect your rights |
Nebraska Crash Reporting Requirements
After a crash in Nebraska, you may be legally required to report it. You must immediately contact law enforcement if the crash causes injury, death, or apparent property damage of $1,500 or more. See Neb. Rev. Stat. § 60-699.
If a law enforcement officer investigates the crash, the officer will usually prepare the report. If no officer investigates a crash that must be reported, you must file a Driver’s Motor Vehicle Accident Report with the Nebraska Department of Transportation within 10 days.
Reporting the crash on time can help protect your driving privileges and create important documentation about what happened.
Fault Under Nebraska Comparative Negligence
Under Nebraska’s comparative negligence rule, you can recover damages only if you’re less than 50% at fault. Any damages you receive will be reduced by your percentage of fault.
For example, if you’re 20% at fault, your damages award will be reduced by 20%. If you’re 50% or more at fault, you can’t recover damages.
Nebraska’s Modified Comparative Negligence Rule
Nebraska uses a modified comparative negligence rule. This means your compensation may be reduced—or denied—if you were partly at fault for the accident.
Under Neb. Rev. Stat. § 25-21,185.09, you can recover damages only if your negligence was slight compared with the other party’s negligence. Nebraska doesn’t use a set percentage cutoff. Instead, the court reviews the facts of the case and compares each party’s actions.
Save any evidence that may support your claim, including photos, witness contact information, police reports, and information about road or weather conditions. Insurance companies may claim that speeding, distracted driving, or other unsafe behavior contributed to the crash. An attorney can help challenge unfair fault accusations and protect your right to compensation.
How Fault Reduces Compensation
How Fault Can Reduce Your Compensation
In Nebraska, the amount of fault assigned to you can reduce the money you recover after a car accident. The more responsibility you have for the crash, the less compensation you may receive.
For example, if your losses total $100,000 and you’re found 25% at fault, your recovery would be reduced by 25%. You could receive $75,000.
Fault may be based on actions such as speeding, driving while distracted, failing to yield, or, in some cases, not wearing a seat belt. Evidence such as police reports, witness statements, photos, video, and accident reconstruction can help show what happened and prevent unfair blame.
However, Nebraska generally doesn’t allow you to recover damages if you’re found as negligent as, or more negligent than, all defendants combined.
How to Prove Fault After a Nebraska Crash
To prove fault after a Nebraska crash, you need evidence showing the other driver acted carelessly and caused the collision, your injuries, or your property damage.
Useful evidence may include:
- The police report and any traffic tickets issued
- Photos or videos of the crash scene, vehicles, road conditions, and injuries
- Statements and contact information from witnesses
- Surveillance or dash-camera footage
- Vehicle data, such as speed or braking information
- Medical records showing your injuries and treatment
- Phone records if distracted driving may have played a role
- Accident reconstruction experts in more complicated cases
Start collecting and preserving evidence as soon as possible. Take pictures, keep damaged property, write down what happened, and get medical care promptly. Don’t repair or dispose of your vehicle until it has been properly documented.
To establish fault, you generally must show that the other driver broke a traffic rule or failed to drive safely—for example, by speeding, running a red light, failing to yield, following too closely, or using a phone while driving. You must also show that this conduct caused the crash and your losses.
Be honest and consistent when speaking with police officers, insurance companies, doctors, and others. Accurate records can help protect your claim.
Insurance Coverage After a Nebraska Car Accident
After a Nebraska car accident, review every type of insurance coverage that may apply. Nebraska law requires drivers to carry minimum liability insurance under Neb. Rev. Stat. § 60-509. If the other driver has no insurance or not enough insurance to cover your losses, your uninsured or underinsured motorist coverage may help.
Your own policy may also include medical payments coverage or other benefits that can help pay for medical treatment soon after the crash. The coverage available depends on the terms and limits of your insurance policy.
Nebraska Minimum Liability Requirements
Nebraska law requires every registered vehicle to have liability insurance. Before you drive, make sure your policy meets these minimum coverage limits:
- $25,000 for injuries or death to one person
- $50,000 for injuries or death to everyone in one accident
- $25,000 for property damage in one accident
These limits apply if you cause a crash and are legally responsible for someone else’s injuries or damage. If your coverage is too low, you may have to pay the remaining costs out of your own pocket. Check your insurance declarations page to make sure your policy meets Nebraska’s requirements.
Uninsured Motorist Coverage
If an uninsured driver causes a crash in Nebraska and injures you, uninsured motorist (UM) coverage may help pay for your injuries and related losses. UM coverage applies when the at-fault driver has no liability insurance. In Nebraska, insurers generally must offer UM coverage unless you reject it in writing.
Check your policy as soon as possible. Your coverage limits affect how much may be available for your claim.
- UM coverage may apply if an uninsured driver causes your injuries, including in some hit-and-run crashes.
- You still need to show that the other driver caused the crash and provide proof of your injuries and losses.
- Your insurance company can investigate the claim, but it must follow the terms of your policy and meet its legal obligations.
Do not assume the minimum coverage amount is enough after a serious crash.
Medical Payments And PIP
Medical Payments coverage, often called MedPay, can help pay medical bills for you and your passengers after a crash in Nebraska. It usually pays no matter who caused the accident.
Nebraska does not require MedPay or Personal Injury Protection (PIP). However, if you have MedPay on your policy, it may help cover medical costs right away, before an insurance claim is resolved.
| Coverage | What It Can Help Pay | Important Note |
|---|---|---|
| MedPay | Medical bills, such as emergency care and treatment | Usually pays regardless of fault |
| PIP | Medical bills and other benefits, depending on the policy | Not required in Nebraska |
MedPay may help with emergency room visits, doctor appointments, treatment, and pain management. Keep copies of your bills, receipts, and insurance explanations of benefits.
Before agreeing to pay medical bills yourself or settling a claim, review your policy carefully. Your insurance company may have the right to be paid back from any settlement you receive.
Nebraska Minimum Auto Insurance Requirements
Before you drive in Nebraska, you must have proof that you can pay for damages if you cause an accident. This usually means carrying auto insurance that meets the state’s minimum limits:
Before driving in Nebraska, you must show you can pay for accident-related damages, usually through required minimum auto insurance coverage.
- $25,000 for injury or death to one person in an accident
- $50,000 total for injuries or deaths to two or more people in an accident
- $25,000 for property damage in an accident
You must keep your insurance active and show proof of coverage if a law enforcement officer asks for it.
Your insurance company must also offer uninsured and underinsured motorist coverage. You can decline that coverage, but you must do so in writing.
Damages in a Nebraska Car Accident Claim
After a Nebraska car accident, you may be able to recover money for losses such as medical bills, missed paychecks, and vehicle damage. You may also seek compensation for pain, emotional distress, and the ways your injuries affect your daily life.
Some types of claims, including those involving a government agency or medical malpractice, may have limits on the amount you can recover. Keep records of your medical treatment, bills, lost wages, repair estimates, and other accident-related expenses to support your claim.
Economic And Non-Economic Damages
In a Nebraska car accident claim, you may seek compensation for two types of losses:
- Economic damages: Financial losses you can calculate, such as medical bills, lost wages, and vehicle repair costs.
- Non-economic damages: Personal losses that are harder to put a dollar amount on, such as pain, suffering, emotional distress, and limits on your daily life.
You need reliable evidence showing that the accident caused each loss you claim. Keep thorough records, including:
- Bills, receipts, repair estimates, and pay records.
- Medical records explaining your injuries, treatment, and expected recovery.
- Notes about pain, trouble sleeping, missed activities, and emotional effects.
If your records support your symptoms and losses, don’t let the insurance company dismiss them as unrelated or unimportant.
Nebraska Damage Caps
Nebraska doesn’t generally cap damages in ordinary car accident cases. If another driver caused your crash, you can seek the full amount of damages supported by the evidence.
This can include economic losses, such as medical bills, lost wages, future treatment costs, and vehicle repairs. You may also seek non-economic damages for pain, suffering, emotional distress, and loss of enjoyment of life.
Some special rules may apply in limited situations. For example, claims against government agencies may have liability limits. Medical malpractice caps can also apply in cases involving qualified health care providers, but those rules usually don’t affect a typical car accident claim against a private driver.
Nebraska Car Accident Claim Deadlines
How long you have to file a Nebraska car accident claim depends on what you’re claiming and who caused the crash. If you wait too long, you may lose your right to recover money.
- Vehicle damage: You generally have four years to file a lawsuit for damage to your car or other property. See Neb. Rev. Stat. § 25-207.
- Injuries: You typically have four years to file a personal injury lawsuit. This includes claims for medical bills, lost wages, and pain and suffering. See Neb. Rev. Stat. § 25-207.
- Crashes involving government entities: If a city, county, state agency, or other government entity caused the accident, special rules may apply. You may need to give formal notice of your claim, often within one year, under the Political Subdivisions Tort Claims Act.
Do not assume the four-year deadline applies in every situation. Save accident reports, photos, medical records, repair estimates, and insurance information, and determine the correct deadline as soon as possible.
When an Insurer Denies or Undervalues a Claim
A denial or low settlement offer does not automatically end your Nebraska car accident claim. Ask the insurance company to explain, in writing, the facts and policy language supporting its decision. Then provide records that support your claim, such as evidence of fault, medical records, treatment bills, lost-wage information, and vehicle repair estimates.
Nebraska law prohibits insurance companies from using certain unfair, deceptive, or unreasonable claims practices.
| If the insurer says… | You can respond by… |
|---|---|
| You were at fault | Providing photos, police reports, witness statements, or other crash evidence |
| Your injuries are minor | Sending medical records, bills, treatment notes, and doctor opinions |
| Your losses are worth less than claimed | Listing each loss and providing receipts, estimates, and wage records |
Keep copies of all letters, emails, estimates, bills, and claim forms. Compare any settlement offer with your total losses, and respond before any deadline the insurer gives you.
When to Contact a Nebraska Car Accident Lawyer
You may want to speak with a Nebraska car accident lawyer as soon as possible if you were seriously hurt, the other driver blames you, an insurance company denies your claim, or a filing deadline is getting close. Waiting too long could affect your right to seek compensation. Getting legal help early may also help preserve important evidence.
Consider contacting a lawyer if:
- You have serious or permanent injuries that need ongoing medical care or make it harder to work.
- The accident involved bad weather, several vehicles, or disagreements about who caused the crash.
- An insurance company pressures you to settle quickly, delays your claim, denies payment, or questions your medical treatment.
A lawyer can review the accident, gather evidence, determine who may be responsible, estimate your losses, and help you pursue the compensation available under Nebraska law.
Frequently Asked Questions
Can I Recover Compensation if the At-Fault Driver Is Uninsured?
Yes. If the at-fault driver has no insurance, you may be able to use your own uninsured motorist coverage to help pay for injury-related losses.
You can also sue the uninsured driver directly. However, whether you can collect money depends on whether that person has income, property, or other assets available to pay a judgment.
What Happens if a Government Vehicle Caused My Accident?
If a government vehicle caused your accident, you may be able to file a claim against the government. However, the rules are often strict, and you may have a short deadline to give the government formal notice. You should quickly find out what insurance coverage is available, because missing a required deadline or filing step could prevent you from bringing a claim.
Can I Sue for Injuries Caused by a Defective Vehicle?
Yes. If a vehicle defect caused your injuries, you may be able to sue the vehicle manufacturer, dealer, parts maker, or repair shop.
To have a strong case, you generally need to show that:
- The vehicle or part had a defect.
- The defect caused the crash or your injuries.
- You were using the vehicle as expected.
- You suffered damages, such as medical bills, lost income, pain, or vehicle damage.
Save the vehicle and any damaged parts if possible. Keep photos, repair records, accident reports, medical records, and receipts. Deadlines to file a lawsuit can be short, so speaking with a qualified attorney promptly may help protect your rights.
Are Rideshare Accidents Covered by Uber or Lyft Insurance?
Uber or Lyft insurance may cover a rideshare accident, but it depends on what the driver was doing at the time. Coverage can change if the driver was offline, waiting for a ride request, on the way to pick up a passenger, or carrying a passenger. Nebraska insurance rules and policy limits can also affect the compensation available.
Can I Claim Compensation for a Hit-And-Run Accident?
Yes. You may be able to claim compensation after a hit-and-run accident. If the driver is found, you can file a claim against their insurance. If they are not found, your uninsured motorist coverage may help pay for your injuries and damages.
Report the accident to the police as soon as possible, save any evidence, and be sure to meet Nebraska’s filing deadlines.
Conclusion
Nebraska car accident laws make it important to act quickly after a crash. Take photos, get contact information, keep medical records, and report the accident when the law requires it. Deadlines can affect your ability to make a claim.
Nebraska uses a shared-fault system. This means the amount you can recover may depend on how much of the accident was your fault. Insurance companies may try to deny or reduce your claim, but their decision is not always final. Keep good records, follow deadlines, and consider speaking with a Nebraska car accident lawyer before you lose important rights.
