Detailed Answer
Under Nebraska law, you can identify the insurer who covered the at-fault driver by following these steps:
1. Review the Law Enforcement Accident Report
When a motor vehicle accident occurs in Nebraska, law enforcement must file a written report if it involves death, injury, or property damage over $1,000 (Neb. Rev. Stat. §39-1301). This report often lists the insurer’s name provided at the accident scene.
2. Contact Your Insurance Carrier’s Subrogation Department
Your insurer can pursue reimbursement from the at-fault driver’s insurer. In most cases, your insurance company will request the other party’s declarations page during its subrogation investigation.
3. Obtain the At-Fault Driver’s Declarations Page
By request, the at-fault driver’s insurer must provide a copy of the policy’s declarations page. This document confirms coverage dates, limits, and the insurer’s contact information.
4. Use Nebraska’s Financial Responsibility Database
The Nebraska Department of Motor Vehicles keeps records of proof of financial responsibility for at least five years (Neb. Rev. Stat. §60-396). You or your attorney can request a certificate of insurance from the DMV by submitting a written request under DMV regulations.
5. File a Court Motion to Compel Disclosure
If the at-fault driver or insurer refuses to cooperate, you can file a motion in county court to compel disclosure of insurance information under Nebraska civil procedure rules.
Helpful Hints
- Order the accident report promptly; some jurisdictions charge a fee or impose retrieval times.
- Keep copies of all correspondence with insurers for your records.
- Consult an attorney if you encounter delays or incomplete responses.
- Verify the policy’s effective and expiration dates to confirm coverage at the accident time.
- Act quickly: Nebraska’s statute of limitations for injury claims is two years (Neb. Rev. Stat. §25-207).
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.