What Happens If the Person at Fault in an Accident Has No Insurance in Nebraska?

In Nebraska, auto insurance operates under a fault-based system. This means the driver determined to be at fault for an accident is financially responsible for any resulting injuries and property damage. Nebraska also follows a modified comparative negligence standard known as the "50% Rule". Under this rule, an injured party may recover damages only if their share of fault does not exceed 50%. If the at-fault driver is uninsured or underinsured, they remain civilly liable for the harm caused. However, recovering compensation becomes significantly more difficult in such cases, as no insurance coverage satisfies the legal judgment. Additionally, fault in an accident may be influenced by Nebraska traffic violations and infractions, such as speeding, failure to yield, or reckless driving, which can impact liability and insurance claims.

Is It Illegal To Drive Without Insurance In Nebraska?

Yes, driving without insurance in Nebraska is illegal, per the Nebraska Proof of Financial Responsibility Act and the Nebraska Revised Statutes 44-6408. Driving without a license in Nebraska carries penalties of up to six months in jail, a $1,000 fine, or both. Suppose someone is found guilty of not having proof of insurance; the state will automatically suspend their license as a Class II misdemeanor, and the Department of Motor Vehicles (DMV) will also revoke their registration and suspend their license plate until they provide proof of insurance.

What Is the Minimum Insurance Requirement in Nebraska?

As per the Motor Vehicle Registration Act, 2005 & rev. 2013. The liability insurance minimums for Nebraska are:

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

In Nebraska, MedPay and UIM are optional and can pay medical costs and damages for drivers and passengers, regardless of who caused the collision.

What To Do After A Car Accident With an Uninsured Driver in Nebraska

These are the steps that a person should take following a collision with an uninsured or underinsured driver:

• Gather as much information as possible at the accident scene: Regardless of whether the other driver is insured, record their name and contact details on paper and a mobile device. Many drivers with inadequate or no insurance may refuse to give their details or will leave without speaking.
• Report the incident: Report the incident to law enforcement and provide the police with as much information as possible.
• Report the uninsured driver to the Nebraska DMV:

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Even if the other driver is at fault in an automobile accident and the person involved does not have auto insurance, they may still be reimbursed for their financial losses, including lost earnings, medical expenses, and property damage. However, driving without insurance will result in legal repercussions, and the kinds of claims they can obtain may be restricted. Furthermore, handling claims without insurance may make the process more difficult.

Can I Sue an Uninsured Driver in Nebraska?

Yes, per Nebraska Revised Statute 60-696, a person can initiate a civil lawsuit against an uninsured at-fault driver in Nebraska to collect property damage and medical fees associated with an accident.But if the driver has no assets, it may be hard to get recompense. A lawyer can assist in determining if there are alternative avenues for recovery or if a civil case is worthwhile.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Nebraska?

It depends. A person with uninsured/underinsured motorist (UM/UIM) coverage may be compensated for injuries sustained in an accident involving an uninsured or underinsured party. If the culpable party has an insurance policy, the UM/UIM coverage kicks in after all other avenues of compensation have been exhausted.

Individuals who activate Medpay and collision coverage on their insurance policy can also claim financial assistance to cover medical bills and extra property damage resulting from an accident.

What Is Uninsured Motorist Coverage in Nebraska?

In Nebraska, uninsured motorist (UIM) coverage protects an insured person from financial and physical harm that the insured person might sustain when they get into an auto accident with an uninsured individual. The UIM coverage provides medical compensation to an insured person when they collide with the owner or operator of an uninsured or underinsured vehicle due to physical harm sustained in an auto accident. The UIM coverage also covers injuries sustained in a car collision involving a hit-and-run vehicle whose owner or operator cannot be identified.

In Nebraska, insurance companies are required to offer uninsured motorist coverage to their customers as part of the standard auto accident insurance policy. Drivers can choose not to activate the coverage, but must make the rejection in writing and document it.

What If I Don't Have Uninsured Motorist Coverage in Nebraska?

If an uninsured driver causes an accident in Nebraska and a driver without uninsured motorist (UM) coverage is involved, they may want to think about the following options:

Suing the at-fault driver: As per Nebraska Revised Statute 48-137, claimants have up to four years from the accident date to bring a civil case. A civil claim could make the uninsured driver personally accountable. The driver may face legal action if they decline to make a voluntary payment.

MEdpay: Eligible individuals can apply for Personal Injury Protection (PIP), often known as MedPay, which covers the policyholder's and passengers' medical bills, missed income, and other expenses.

How Do I Get Compensation from an Uninsured Driver in Nebraska?

Citizens can initiate a civil small claims lawsuit to recover damages from an uninsured, at-fault driver in Nebraska. Before filing a case, deciding if there can be any real financial gain from suing the uninsured driver is crucial. To prevail in the case, the petitioner must provide substantial evidence that the uninsured driver was at fault for the collision and that they were harmed. The petitioner must submit the police report, witness testimony, photographs and videos, medical bills, and invoices for auto repairs.

The case can be filed at the county court within the jurisdiction where the accident occurred. Upon filing the claim, the plaintiff must pay the applicable filing fee.

After initiating the lawsuit, the uninsured driver will be served a notice of the claim, and the court will set a hearing date. The basis for the success of a claim is whether there is sufficient evidence to prove that the uninsured driver was involved in the accident.

How Much Can You Recover From an Uninsured At-Fault Driver in Nebraska?

The right to compensation from an uninsured at-fault driver is limited to the minimum liability policy limits for the Nebraska UIM/UI coverage. This means that a person can recover as much as $25,000 per person and $50,000 per accident ($25,000/$50,000). The judge may also decide to award higher fees in cases of death and drunk driving.

How To Find Out If the At-Fault Driver Has Insurance in Nebraska

There are a few ways to Find Out If the At-Fault Driver Has Insurance in Nebraska. People can begin by obtaining the police/accident report from the law enforcement organization that first arrived at the collision scene. That ought to have the insurance details. If this proves ineffective, they may file a claim against the driver and/or his family by informing them of the claim in a demand letter (ideally drafted by an injury lawyer). The letter should specify that the claim is turned over to their insurance company. They will then be forced to submit the claim to their insurance company or risk the insurance not paying for it.

Generally, people can visit the Department of Motor Vehicles office (DMV) and request a search of their database for an at-fault driver's insurance status. The individual requesting this information will need to provide proof that an accident occurred(accident report), the name of the vehicle owner, and the license plate number of the driver's vehicle.

Are Accidents Public Record in Nebraska?

Yes, accidents are public records as per Nebraska Revised Statute 84-712. Law enforcement officers in Nebraska document accidents through police and accident reports, which are then made available to the public for viewing, inspection, and copying. Anyone interested in accident records can obtain copies by visiting the website of the responding law enforcement agency.

Can You Go to Jail for Causing an Accident Without Insurance in Nebraska?

Driving without a license is a Class III misdemeanor in Nebraska per Nebraska Revised Statute 60-4,111, with a minimum jail sentence of five days. Driving without insurance can also result in jail time, particularly if the driver at fault has a history of infractions or if their actions caused an accident that injured people or damaged property. Additionally, providing false proof of financial responsibility, such as a forged insurance card, is treated more harshly and can result in a longer jail sentence.

Can You Settle With an Uninsured Driver Out of Court in Nebraska?

Yes, Nebraska state laws permit out-of-court settlements with an uninsured driver. Negotiating a settlement with the uninsured driver outside of court may be beneficial instead of pursuing a lawsuit. This can save time and money in legal fees. After both parties have reached a satisfactory settlement agreement, it can be signed and recorded in a court, at which point it becomes legally binding.

Can I Get Compensation If I Was Partially at Fault?

Nebraska's comparative negligence rule allows people to get compensation even if they share some of the fault. However, the law clearly establishes a limit.

According to Nebraska law, it works like this:

• If someone is 50% or more at fault, they are not entitled to compensation.
• They can still make a claim even if they bear less than 50% of the blame, but their payout will be lowered.