Nebraska Car Accident Settlement Process and Timeline

Car accidents can be overwhelming, especially when they result in injury or property damage. If you’re a Nebraska motor vehicle accident victim, you might be wondering how and when you’ll be compensated. The more you understand about the car accident settlement process, the better equipped you’ll be to get the fair compensation you deserve.

In this article, we examine the road to a fair settlement after a Nebraska car accident. We’ll also cover types of damages you can claim and provide you with some tips if the settlement process isn’t going your way.

If you’ve been in a Nebraska wreck, consider consulting an experienced attorney as soon as possible. While you may not need legal representation, a qualified car accident attorney can review your case and help you protect your interests when dealing with insurance companies.

In the meantime, let’s start with what to do in the aftermath of an accident.

After a Car Crash

The first step after an auto accident is to call 911 so that first responders can tend to whomever needs medical attention. Once police arrive, they should create an accident report, which includes crash details, the parties involved, and any witness statements. This police report serves as a key piece of evidence throughout your car accident case.

Before You Leave

While you’re still at the accident scene, take these steps, if possible. You should:

• Photograph visible injuries/property damage
• Exchange insurance information with the other driver
• Get phone numbers of any accident witnesses
• Take footage of the accident scene

This can make the process go smoother and help you prove your claims.

Get a Medical Evaluation

Once you leave, seek medical attention. That may be obvious in the unfortunate event that you suffer a serious injury. Even if you think you’re fine, get checked out by a medical professional.

Many car accident injuries don’t show symptoms right away. A medical record created soon after the accident helps link potential injuries to the accident. This can be critical support for medical expense claims.

If you’re concerned about paying medical bills at this time, talk to an attorney. They can connect you with providers who will wait until you receive your settlement check.

Nebraska Fault Laws

State law plays a significant role in the car accident settlement process. Nebraska is an at-fault state. This means the at-fault driver or their car insurance company is responsible for paying damages.

Damages

As a Nebraska car accident victim, you can recover damages from the at-fault driver’s liability insurance policy for costs like:

• Medical expenses (current and future)
• Property damage
• Lost wages

Some insurers may offer compensation for pain and suffering, but you shouldn’t count on it. This is often limited and may require negotiation.

Modified Comparative Negligence

Nebraska follows a modified comparative negligence rule. This means that if you are partly at fault for the accident, your compensation may be reduced by your percentage of fault. However, the state bars recovery if you are found to be equally negligent or more negligent than the other driver.

In practice, this means that you can only recover damages if your share of the fault is 49% or less. If you are found to be 50% or more at fault for the accident, you cannot recover any compensation.

If you’re determined to be 30% at fault in an accident and your losses total $10,000, you’re eligible to recover $7,000 (70%) from the other driver’s insurance. When both drivers are found equally at fault in Nebraska, neither one can collect from the other’s insurance company.

Before You File a Claim

The road to a settlement starts with the insurance claims process. Policies vary, but you have to file your insurance claim promptly after the accident.

In spite of this tight timeline, it’s a good idea to contact an attorney before starting the claims process. The primary goal of insurers is to minimize payouts and close cases quickly. It doesn’t matter whether it’s your insurance provider or the other motorist’s. They’re both motivated to pay you as little as possible.

An attorney you’ve hired has a duty to protect your interests. As such, they can help you avoid common traps and tactics used by insurers to keep payouts low. Without the benefit of legal advice prior to filing a claim, drivers may:

• Downplay injuries and losses
• Admit fault
• Consent to recorded statements

These can all hurt your claim and the compensation you ultimately recover. Be careful from the beginning. In some cases, your lawyer can even file the claim for you if that’s preferable.

Car Accident Claims Process

To start the claims process, you’ll need to file a car accident claim. This may be with your insurance company, the other driver’s, or both, depending on who was at fault. You’ll provide the police report, along with available documentation that supports your property damage and/or personal injury claims.

Continue to keep detailed records of your losses, such as auto repair bills and medical expenses. You will likely submit them on an ongoing basis to insurance until your claims have been resolved.

Settlement Offer

An insurance adjuster assigned to your case will review and investigate your claim. The amount of time this takes can vary, but it is often completed within a few weeks to a month.

The adjuster may contact you with a settlement offer soon after you’ve filed your claim. Although it may be tempting to accept, this offer will almost certainly be way less than you deserve. These lowball offers may appear before you’ve completed medical treatment for your injuries.

If you’re considering taking an early settlement offer, have an experienced car accident attorney review the settlement agreement. They can explain the rights you waive by signing it.

Settlement Negotiations

You won’t know the full extent of your damages until after you’ve finished medical treatment for your injuries or your condition has stabilized with no further recovery expected. This time frame can vary. It may take a few months or longer, depending on the severity of the accident.

During this time, your attorney will continue gathering evidence to establish who is at fault and the extent of your damages. When you’re ready to begin settlement negotiations, they’ll prepare a demand letter for the at-fault driver’s insurance company. This step is intended to signal that you’re serious and may pursue legal action if necessary.

Demand letters often contain the following:

• Facts of the accident
• Legal bases for your claims
• Damages you’ve suffered
• Supporting documentation

It also proposes a specific settlement amount. While there’s no average car accident settlement amount, Nebraska attorneys often calculate actual damages and then apply a multiplier for pain and suffering. It’s common practice to propose an amount much higher than the minimum you’d accept to allow room for negotiation.

The demand letter starts what are often multiple rounds of negotiations. A car accident lawyer’s expertise with insurance companies can be invaluable at this stage. If successful, you could be looking at the settlement process concluding with a settlement agreement and a check for fair compensation.

Car Accident Lawsuits

In some instances, negotiations stall out far below what you feel you deserve. Reasons can range from a dispute about fault or limits on insurance coverage. Whatever the reason, you may have to resort to filing a car accident lawsuit. These are often personal injury cases that include property damage claims.

Nebraska’s deadline for filing a lawsuit for these types of claims is four years from the date of the accident. Missing this statute of limitations can mean losing your right to compensation. Negotiations continue even after your attorney files the first court document, with most cases settling before a trial begins. If your lawsuit does go to trial, the time it takes depends on its complexity and the court docket.

Had a Car Accident in Nebraska? Speak With an Attorney

The settlement process for each Nebraska car accident case is unique. It’s tricky to determine how to proceed without the benefit of legal guidance. For this reason, many attorneys with a focus in this area offer free case evaluations. You can share the details of your incident with them in confidence. They can help you understand the role certain evidence can play in your claims. They can also give you an idea of how they might enhance your recovery, if at all.

It’s important to trust and be comfortable with the attorney you choose to represent you. You’ll need someone licensed in Nebraska who’s either a car accident lawyer or a personal injury lawyer who specializes in car accidents. If you’re not sure where to start, check out FindLaw’s directory of Nebraska car accident and personal injury attorneys. You can review ratings and background information for local experts and see who offers no-cost or low-cost consultations.

With Nebraska’s modified comparative negligence rule and fault-based system, taking chances could mean losing your chance at relief. Speak with a legal expert for guidance through the recovery process.