Is Nebraska a No-Fault State?

September 30, 2020 Personal Injury

The state in which you live will determine what the process looks like for recovering compensation after a car accident. The main factor is whether you live in a fault or no-fault state. A state’s fault laws decide who will be financially responsible for the damages caused by an auto accident. Nebraska is not a no-fault state. It is a fault state. Under Nebraska’s fault- or tort-based insurance law, the person who caused the car accident will have to pay for damages.

What Is Nebraska’s Tort/Fault Statute?

In a no-fault state, fault for a car accident does not matter in terms of recovering compensation. Each injured victim will seek benefits from his or her own car insurance provider even if the victim did not cause the car accident. In Nebraska and other fault states, however, an injured victim must investigate fault and identify the negligent or reckless party before bringing an insurance claim.

Nebraska’s tort statute puts the burden of financial responsibility on the person who caused the car accident. If you were injured in a collision, you will have to identify who caused the crash before you can file an insurance claim. That driver’s insurance company will be responsible for paying for your losses. If the other driver tries to say you contributed to the accident, however, Nebraska’s comparative negligence law may apply.

Nebraska Revised Statute 25-21,185.09 states that if a defendant uses contributory negligence as a defense, this will diminish the amount of compensation awarded for an injury in proportion to the amount of fault. In other words, you may receive less in damages if you contributed to the car accident. If a judge finds you 20% at fault for the accident and the defendant 80% at fault, for example, you would receive 20% less compensation than you would have with 0% fault.

Nebraska Insurance Requirements

Most states mandate that their drivers carry automotive insurance. Auto insurance guarantees that a driver has the financial means to pay for somebody else’s medical bills and property damage repairs after an at-fault accident. In Nebraska, all drivers have to show proof of at least the minimum required amounts of car insurance before registering a vehicle.

  • $25,000 in bodily injury liability coverage for an individual
  • $50,000 in bodily injury liability coverage per accident
  • $25,000 in property damage liability coverage per accident

No-fault states typically require their drivers to carry personal injury protection (PIP) insurance. This is a special type of insurance that will pay for a driver’s expenses after a collision. In fault states such as Nebraska, PIP insurance is generally not a requirement. Instead, each injured person will seek financial recovery from the at-fault driver’s liability insurance policy.

Contact an Auto Accident Lawyer

In Nebraska, an insurance company will only pay a car accident claim if the claimant can prove the policyholder’s fault. This may take evidence such as police reports, accident footage, photographs from the crash site, eyewitness statements, and medical records. You will need to establish that the insurance company’s policyholder owed you a duty of care, negligently breached this duty, and caused the car accident. If you have trouble proving fault, Nebraska’s tort-based system may prevent you from recovering.

Navigating Nebraska’s fault laws can be tricky on your own. The other driver may refute fault or not have enough insurance to cover your losses. The driver’s insurance company may unfairly deny your claim.  You may have been in a hit-and-run accident and not know the identity of the at-fault driver. The best way to handle all the legal issues surrounding a claim in Nebraska is to hire an Omaha car accident attorney to represent you. An attorney will know how to maximize your financial recovery while making the claims process as fast, efficient, and stress-free as possible.