Car Accident Claims in Nebraska: How Lincoln & Omaha Courts Handle Them

Car Accident Claims in Nebraska: How Lincoln & Omaha Courts Handle Them

In Nebraska, a car accident claim is resolved in one of two ways: a settlement with the at-fault driver's insurance company or a lawsuit filed in a local court, like those in Lincoln (Lancaster County) or Omaha (Douglas County). Working with a Lincoln car accident lawyer helps you navigate both paths with a clear strategy and a stronger case.

The path your claim takes depends on the severity of your injuries, the clarity of who was at fault, and the insurance company’s willingness to offer a fair settlement. 

The process is governed by Nebraska's strict comparative fault rule, which means if you are found to be 50% or more to blame, you recover nothing. Insurance companies understand this rule and will look for any reason to place blame on you to reduce or deny your claim.

However, a detailed investigation and proper legal strategy secures the compensation you need to cover medical bills, lost wages, and other damages. At Steffens Law Office, we manage this entire process, from the initial claim to, if necessary, a court filing. 

If you have a question about your car accident, call us at (402) 414-4896 for a straightforward discussion about your situation.

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Key Takeaways for Nebraska Car Accident Claims

1. Nebraska’s 50% fault rule is absolute. If you are found to be 50% or more at fault for the accident, you are barred from recovering any compensation. This makes proving the other driver's negligence the primary focus of your claim.
2. Your claim follows one of two paths: settlement or lawsuit. While the vast majority of cases resolve through a negotiated insurance settlement, preparing your case for trial from the beginning provides the necessary leverage to fight against lowball offers.
3. Statutory deadlines are final and unforgiving. You have four years from the accident date for an injury claim and two years from the date of death for a wrongful death claim to file a lawsuit. Evidence disappears quickly, so it is advisable to start the process long before these deadlines approach.

The Two Roads Your Claim Takes: An Insurance Settlement or a Court Lawsuit

After an accident, you are faced with a difficult process and two very different potential paths. The insurance company may seem cooperative at first, but its goal is to resolve the claim for the lowest amount possible. They are running a business, which means they must balance paying claims with remaining profitable, which becomes even more apparent if you’re in a car accident and trying to secure fair compensation.

This business reality leads them to pressure you for a recorded statement, make a lowball offer before the full extent of your injuries is known, or drag the process out while bills pile up. 

Choosing the wrong path, like settling too early or waiting too long to consider a lawsuit, might leave you with unpaid medical debt and an uncertain financial future. We handle the communication and negotiation on your behalf, preparing for either possibility to place you in the strongest position.

Path 1: The Insurance Settlement Process

• The Initial Claim: We notify all relevant insurance companies of the accident and your intent to seek compensation. From that point on, we handle all communications.
• The Investigation: We gather the police report, witness statements, photos of the scene and vehicles, and your complete medical records. This builds a clear picture of what happened and what you’ve lost because of it.
• The Demand: Once you have completed your medical treatment and we know the full scope of your losses, we compile a detailed settlement demand package. This document formally outlines the other driver’s liability and provides documented proof of your damages.
• The Negotiation: This is a back-and-forth process. The insurance adjuster will scrutinize the demand, and we will counter their arguments and low offers with evidence. The vast majority of cases are resolved at this stage.

Path 2: The Court Lawsuit Process

• When a Lawsuit Becomes Necessary: This happens when the insurance company disputes fault, argues your injuries aren’t from the crash, or simply refuses to offer an amount that fairly covers your losses.
• Filing the Complaint: This is the official start of the lawsuit. We file a legal document in the appropriate county court—usually Lancaster County for Lincoln cases or Douglas County for Omaha cases.
• Discovery: This is the formal evidence-gathering phase. Both sides exchange information, question witnesses under oath (a process called depositions), and may hire experts like accident reconstructionists to analyze the crash.
• Settlement or Trial: Many lawsuits still settle before ever reaching a courtroom, sometimes through mediation or a judicial settlement conference. If a fair agreement is not reached, the case proceeds to a trial where a judge or jury decides the outcome.

Why Does It Matter That Nebraska Is an “At-Fault” State?

Nebraska law operates on an "at-fault" system. This means the person who caused the accident is responsible for paying for the damages. 

You have the right to pursue a claim for 100% of your medical bills, lost income, and other losses from the at-fault driver's insurance. This differs from "no-fault" states, where your own insurance pays for your initial medical bills regardless of who was at fault.

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The 50% Bar: How Nebraska’s Comparative Negligence Rule Ends Your Claim Before It Starts

What if you were just a little bit at fault for the accident? In Nebraska, that "little bit" could make a big difference. The state uses a "modified comparative negligence" rule, also called the 50% bar rule (Neb. Rev. Stat. § 25-21,185.09). Here's how it works:

• If you are 0-49% at fault: You recover damages, but your final award is reduced by your percentage of fault.
• If you are 50% or more at fault: You are barred from recovering any money. Your claim is worth zero.

This rule is the single most powerful tool an insurance company has to deny your claim. Their goal is to convince a jury you were equally at fault, which is enough to deny your claim.

For example, imagine you were driving 5 mph over the speed limit when another driver ran a red light and T-boned you. The other driver is clearly mostly at fault. But the insurance company might argue that if you had been going the speed limit, you could have avoided the crash. They will try to assign 10%, 20%, or more of the fault to you to reduce their payout, a tactic that appears often when looking at where car accidents happen most and how insurers use those patterns to shift blame.

Beyond the Repair Bills: What Is a Nebraska Car Accident Claim Actually Worth?

The value of your claim is determined by documenting every single loss you have suffered. In legal terms, these losses are called "damages." They fall into two main categories.

Economic Damages (The Tangible Losses)

These are the losses with a clear price tag attached. We gather every bill and receipt to build a precise calculation of these costs.

• Medical Expenses: This includes every bill from the ambulance, ER, hospital stays, doctors, chiropractors, physical therapists, and any future medical care your doctors anticipate you will need.
• Lost Wages: This is the income you lost while unable to work. It also includes future lost earning capacity if your injuries are severe enough to prevent you from returning to your old job or working at the same level.
• Property Damage: This is the cost to repair or replace your vehicle and any other personal property damaged in the crash. Nebraska requires at-fault drivers to carry at least $25,000 in property damage liability coverage.

Non-Economic Damages (The Intangible Losses)

These losses are real, but they do not come with a receipt. They are meant to compensate you for the human impact of the crash—the ways it has affected your quality of life.

• Pain and Suffering: Compensation for the physical pain, discomfort, and emotional distress caused by your injuries.
• Loss of Enjoyment of Life: This addresses the inability to do the activities you loved before the accident, such as hobbies, sports, or playing with your children.
• Permanent Impairment or Disfigurement: This is compensation for scarring, the loss of a limb, or a permanent physical limitation that will affect you for the rest of your life.

What About Uninsured Drivers?

If the at-fault driver has no insurance or not enough to cover your losses, we will file a claim against your own Uninsured/Underinsured Motorist (UM/UIM) coverage. Nebraska law requires drivers to carry at least $25,000 per person and $50,000 per accident in UM/UIM coverage, which becomes an important safety net for what you can expect after a car accident when the other driver cannot pay.

Don’t Wait: The Deadlines That Erase Your Right to Compensation

Nebraska law sets firm deadlines, called the statute of limitations, for filing a lawsuit. If you miss this window, you lose your right to recover money forever, no matter how strong your case is.

Key Deadlines

• Personal Injury & Property Damage: You have four years from the date of the accident to file a lawsuit (Neb. Rev. Stat. § 25-207).
• Wrongful Death: If a loved one was killed in the crash, the family has two years from the date of death to file a lawsuit (Neb. Rev. Stat. § 30-810).
• Crash Reporting: If police do not investigate an accident involving injury, death, or over $1,500 in property damage, you must file a report with the Department of Transportation within 10 days (Neb. Rev. Stat. § 60-699). Failure to do so leads to a driver's license suspension.

While four years may seem like a long time, evidence disappears quickly. Witnesses move, memories fade, and security footage gets erased. The sooner we begin investigating, the stronger your case will be.

FAQ: Your Questions About Nebraska Car Accident Claims Answered

You Don’t Have to Face This Process Alone

You do not need to become an expert on Nebraska car accident claims or fight with an insurance adjuster while you’re trying to heal. That’s our job. We handle the paperwork, the phone calls, and the legal strategy so you focus on your recovery.

Taking the first step is simple. It's just a conversation to understand your rights.

Call Steffens Law Office P.C. today at (402) 414-4896 to get clear answers to your questions.

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