You’re stopped at a red light when a driver slams into your rear bumper. Your car is totaled, you’re injured, and just when you think it can’t get worse, you learn they don’t have insurance. What now?
It’s a stressful situation, but it’s not a hopeless one. Nebraska law provides several ways for accident victims to recover compensation even when the at-fault driver is uninsured. With the right steps and legal help, you can still protect your health, finances, and future.
Here’s what you need to know about filing an uninsured motorist claim, and how an experienced Nebraska car accident lawyer can help you rebuild after the crash.
Step 1: Report the Accident and Document Everything
You should always call the police to file a report after any collision, but it’s especially critical if the other driver is uninsured. A police report is an official record of the accident and notes the other driver’s lack of coverage, which can be important evidence later.
Next, gather as much information as possible at the scene:
- Photographs: Take pictures of vehicle damage, the scene, skid marks, traffic signs, and any visible injuries.
- Contact Information: Get names, phone numbers, and addresses of all involved drivers, passengers, and witnesses.
- Statements: If witnesses are willing, record or write down their statements while the details are fresh.
This evidence can strengthen your case if you need to file a claim with your insurance company or pursue legal action.
Step 2: Seek Medical Attention Immediately
Even if you feel fine after the crash, seeing a medical professional is important. Certain accident-related injuries, like concussions, aren’t always obvious right after impact, and what starts as mild discomfort could turn into a serious health issue if it’s not diagnosed and treated quickly.
Step 3: Notify Your Own Insurance Company
Tell your insurer immediately you were involved in a crash caused by an uninsured driver. Most policies require prompt notice, and delays can complicate your claim. You’ll likely have to file a claim under your uninsured motorist (UM) coverage.
Know Your Deadline: Nebraska’s Statute of Limitations
Time is critical after any car accident, especially when the other driver is uninsured. In Nebraska, you generally have four years from the crash date to file a personal injury lawsuit against a negligent driver and five years for property damage claims.
However, insurance policies often impose much shorter deadlines for uninsured motorist claims, sometimes requiring notice within 30 to 60 days. Missing those internal deadlines can jeopardize your ability to recover compensation, even if you’re still within the legal statute of limitations.
That’s why it’s essential to notify your insurance company as soon as possible and consult an experienced attorney early in the process. Acting quickly ensures your rights are protected, evidence is preserved, and your claim remains on track.
Understanding Nebraska’s Uninsured Motorist Coverage
Nebraska law requires all auto insurance policies to include uninsured motorist (UM) coverage unless the driver rejects it in writing. This coverage protects you if you’re hit by a driver who has no insurance.
Here’s how it works:
- What it Covers: UM pays for medical expenses, lost wages, pain and suffering, and other damages resulting from the crash.
- How to File: You submit a claim to your own insurance company as if they were the at-fault driver’s insurer.
- Limits: The payout depends on the coverage limits you selected when purchasing your policy.
Step 4: Explore Additional Recovery Options
If your damages exceed your UM coverage, or if you don’t have this coverage, you may still have other legal options:
- Sue the At-Fault Driver Personally: You can file a lawsuit against the uninsured driver. However, this is often only practical if they have personal assets.
- Identify Other Liable Parties: If the driver was on the job at the time of the crash, their employer might be liable. The manufacturer could also share responsibility if a vehicle defect contributed to the crash.
A qualified attorney can investigate the case to identify all possible sources of compensation.
Common Challenges With Uninsured Motorist Claims
While UM coverage is designed to protect you, insurance companies may still try to minimize your payout.
They might:
- Dispute the extent of your injuries
- Argue that certain treatments were unnecessary
- Offer a settlement that doesn’t fully cover your losses
These tactics are common, but they don’t have to succeed. Working with experienced Nebraska car accident lawyers can make a major difference to the outcome of your case. Your lawyer will understand how insurers operate, know how to push back against lowball offers, and can manage the entire negotiation process on your behalf.
Their role in dealing with insurance companies is often the key to securing the compensation you deserve.
Protect Your Future After an Uninsured Driver Accident
At Friedman Law Offices, we’ve been fighting for Nebraska accident victims since 1962. As one of the state’s most experienced and respected personal injury law firms, we’ve recovered compensation for thousands of clients, including many whose crashes involved uninsured drivers.
We know how to deal with stubborn insurance companies, build strong claims, and pursue every available source of recovery.
If you were hit by a driver with no insurance, you still have options, and we’ll fight to make sure you’re not the one left paying for someone else’s mistake.
Contact Friedman Law Offices for a free consultation. We’ll explain every option, deal with the insurance company on your behalf, and help you recover every dollar you’re owed so you can focus on healing instead of bills.