Nebraska Auto Insurance: Understanding No-Fault Laws And Regulations

In the US, some states follow a no-fault system when it comes to car accidents and insurance. In these states, drivers must carry no-fault insurance, which means their insurance company will cover expenses incurred after an accident, regardless of who is at fault. However, Nebraska is not one of these states. Instead, Nebraska is an at-fault or tort state, which means the person deemed at fault for a car accident is responsible for paying for other people's injuries and property damage.

Nebraska is an at-fault or tort state

Nebraska is an "at-fault" or "tort" state, which means that the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident. In other words, the at-fault driver's insurance carrier will absorb these losses, up to the policy limits.

In Nebraska, a person who suffers any kind of injury or damage due to an auto accident usually has three options:

• Filing a claim with their own insurance company, assuming the loss is covered under the policy. In this case, the injured person's insurance company will likely pursue a subrogation claim against the at-fault driver's carrier.
• Filing a third-party claim directly with the at-fault driver's insurance carrier.
• Filing a personal injury lawsuit in civil court against the at-fault driver.

It's important to note that Nebraska follows a modified comparative negligence system, which means that fault can be divided among multiple parties. If a driver is found to be 50% or more at fault, they are not entitled to recover damages. If they are less than 50% at fault, they can collect damages minus the percentage that they were at fault. For example, if a driver is 30% at fault, they can recover 70% of the damages they incurred after the crash.

Being an "at-fault" or "tort" state helps keep Nebraska's insurance costs relatively low compared to no-fault states. Nebraska requires all drivers to carry liability insurance, which pays for others' expenses after an accident, such as damage to their vehicles and their medical expenses. Nebraska also mandates that drivers have uninsured motorist (UM) and underinsured motorist (UIM) coverage.

In summary, Nebraska's "at-fault" or "tort" system ensures that the responsible party in a car accident is held financially accountable, while also providing options for victims to seek compensation for their losses.

Each driver involved in an accident is assigned a percentage of the fault

Nebraska is not a no-fault state. It follows a traditional fault-based system, where the person at fault for causing the car accident is also responsible for any resulting harm. This means that the at-fault driver's insurance carrier will absorb the losses, up to the policy limits.

Nebraska is a comparative fault state, which means that each driver involved in an accident is assigned a percentage of the fault. This means that both drivers can be found at fault, but it also means that a driver may still be able to recover damages if found partially at fault. For example, if you are found to be 50% or more at fault, then you are not entitled to recover damages. Therefore, accurately determining fault is vital to getting proper compensation for your injuries.

The Nebraska Department of Transportation (NDOT) assesses the "driver contributing circumstances" to evaluate how and why accidents occur. In 2020, the most common cause of accidents was failure to yield, which resulted in 19 deaths and 1,886 injuries. Other top causes of accidents stemming from driver error include following too closely, operating in an erratic manner, left lane/run off the road, disregarding traffic controls, and speeding.

If you've been in a car accident in Nebraska, it's important to consult with a skilled attorney who can help you navigate the legal process and protect your rights.

Drivers in Nebraska can file lawsuits to seek compensation for medical expenses

Nebraska is a fault state, which means that the person or party responsible for causing a car accident must pay for the resulting injuries and property damage. In a no-fault state, on the other hand, all crash victims seek financial recovery from their own car insurance providers, regardless of who caused the accident.

Nebraska's tort-based insurance law gives you the right to bring a claim against the other driver or a third party for causing or contributing to your car accident. The at-fault party's insurance company will be responsible for paying for your damages, which may include hospital bills, ongoing or future necessary medical care, lost wages, and vehicle damage.

In Nebraska, a person who suffers any kind of injury or damage due to an auto accident can proceed in one of three ways:

• By filing a claim with their own insurance company, assuming that the loss is covered under the policy. In this case, the injured person's insurance company will likely pursue a subrogation claim against the at-fault driver's carrier.
• By filing a third-party claim directly with the at-fault driver's insurance carrier.
• By filing a personal injury lawsuit in civil court against the at-fault driver.

Nebraska law requires that all drivers carry certain levels of car insurance coverage to be legal. This includes liability insurance and uninsured/underinsured motorist coverage. Liability insurance covers the medical bills, property damage bills, and other costs of drivers, passengers, and pedestrians injured or whose vehicles are damaged in a car accident. Uninsured/underinsured motorist coverage, meanwhile, pays for injuries and lost wages that you or your passengers may suffer if you are in an accident with an uninsured driver who is at fault.

If you've been in a car accident in Nebraska, you may be wondering how you will manage to pay your medical expenses and damages to your property, on top of dealing with lost wages. By hiring a competent lawyer, you can improve your chances of success in the legal system and ensure you receive the compensation you are entitled to.

Nebraska uses a modified comparative (50%) negligence system

Nebraska is a comparative fault state, meaning that each driver involved in an accident is assigned a percentage of the fault. This means that a driver may still be able to recover damages if found partially at fault, as long as they are not more than 49% at fault.

Nebraska's modified comparative negligence law means that if a driver is deemed less than 49% to blame, they can collect damages. This is also known as the 50% rule, where damages are allowed if the injured party is 49% or less at fault, and the amount is reduced in proportion to their percentage of fault.

In Nebraska, a person who suffers any kind of injury or damage due to an auto accident can proceed in one of three ways:

• File a claim with their own insurance company, assuming the loss is covered under the policy.
• File a third-party claim directly with the at-fault driver's insurance carrier.
• File a personal injury lawsuit in civil court against the at-fault driver.

Nebraska is not a no-fault car insurance state, and drivers are required to carry certain levels of car insurance coverage.

The state requires all drivers to carry liability insurance

Nebraska is a "fault" car accident state, meaning that the person at fault for causing a car accident is also responsible for any resulting harm. The state requires all drivers to carry liability insurance, which covers the medical bills, property damage bills, and other costs of drivers, passengers, and pedestrians injured or whose vehicles are damaged in a car accident. The minimum liability coverage requirements in Nebraska are:

• $25,000 in bodily injury coverage per person
• $50,000 in bodily injury coverage per accident
• $25,000 in property damage coverage per accident

Liability coverage will also cover any family members driving your vehicle or anyone else you have given permission to use it. It will also likely cover you if you get into an accident in a rental car.

It is important to note that liability coverage does not apply to your own injuries or vehicle damage in a car accident. For that, you would need additional coverage, such as collision coverage, which is optional in Nebraska. However, collision or comprehensive coverage might be required under the terms of a vehicle lease or financing agreement.

In Nebraska, you must carry proof of insurance in your vehicle at all times, and you must show this proof at the request of any law enforcement official. Failure to provide proof of insurance can result in penalties, including a fine of at least $50, suspension of your license until proof of insurance is shown, and the filing of an SR-22 certificate.

To avoid these penalties and ensure you are properly protected, it is recommended to carry more than the minimum required coverage and consider adding optional coverage types, such as comprehensive, collision, loan/lease payoff, medical payments, rental car reimbursement, and roadside assistance.

Frequently asked questions