Nebraska Car Accident Compensation Laws
By Susan Buckner, J.D. | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed January 03, 2025
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Nebraska car accident laws exist to help accident victims recover a fair settlement after a serious accident. Nebraska is an at-fault state, so drivers must file claims with the other driver's insurance company to recover damages. Nebraska also follows a modified comparative negligence rule. Drivers must be less than 50% at fault in an accident to file a personal injury lawsuit.
These restrictions mean claimants need a good personal injury attorney and an understanding of Nebraska's car accident compensation laws.
Nebraska Car Accident Compensation Laws
Nebraska uses an at-fault system for car accident claims. In an at-fault system, drivers must file insurance claims with the other driver's insurance company. Insurance adjusters review the accident reports and insurance claims and then determine fault.
Nebraska requires drivers to carry minimum liability insurance or proof of financial responsibility, meaning they can pay claims in the event of a car crash. Drivers must either have a certificate of deposit in the amount of $75,000 with the state or auto insurance:
- $25,000 bodily injury coverage
- $50,000 total accident coverage
- $25,000 property damage liability coverage
Nebraska drivers must also have uninsured/underinsured motorist coverage. This coverage pays for your injuries if the at-fault driver does not have enough insurance to pay your damages.
Comparative Negligence
Nebraska uses a modified comparative negligence rule. In most car accident cases, each driver shares some responsibility for the collision. For instance, one driver may have been speeding and run a red light, but the other may not have been wearing a seat belt. Comparative negligence laws allow a driver to recover some compensation for their injuries even if they were partially at fault.
Nebraska's modified negligence rule requires a party to be less than 50% at fault for their car accident injuries or damage. A party may be 49% responsible and still recover, but if they are 50% responsible, they cannot recover.
The percentage of fault reduces the amount of damages. A driver who is 20% liable can recover 80% of their damages after a motor vehicle accident.
Types of Damages
Damages are the objective and subjective losses you suffer after an auto accident. According to Nebraska statutes, your attorney asks for two types of damages in a personal injury claim.
Economic damages are monetary losses, including:
- Medical expenses, hospital bills, and rehabilitation
- Lost wages and future income
- Property damage and repairs
Non-economic damages are intangible costs, such as:
- Pain and suffering
- Emotional distress
- Disability and disfigurement
Nebraska's Constitution does not allow punitive damages in civil suits, no matter how malicious or reckless the at-fault driver may be.
Limits on Damages
Nebraska does not cap recovery for economic or non-economic damages. The constitution considers excessive damages (such as treble damages) beyond reasonable economic damages to be "punitive" and thus unconstitutional.
Nebraska's statute of limitations for personal injury and property damage is four years from the date of the accident. You have two years for claims against law enforcement or government actors, such as public transit (Nebraska Revised Statute § 25-218).
Need Legal Advice? Contact a Nebraska Car Accident Lawyer
Nebraska's insurance requirements and comparative fault system make it difficult to file your insurance claim if you don't know all the rules. If you've been in an accident, get legal advice from an experienced Nebraska injury law attorney.
Can I Solve This on My Own or Do I Need an Attorney?
- A lawyer can help seek fair compensation on your behalf
- Car accident claims are complex and insurance carriers have lawyers on their side
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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