Disclaimer
This is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
In Nebraska, you can pursue compensation for vehicle damage separately from any bodily injury claim. Handling property damage on its own streamlines the process and may yield faster reimbursement for repairs. Below are the typical steps you should follow:
- Report the Accident and Obtain a Copy of the Police Report
Immediately after the collision, call law enforcement. A police report documents fault, time, location, and involved parties. Request a certified copy to support your property damage claim. - Notify Insurers Promptly
Contact your insurer and the at-fault driver’s insurance company as soon as possible. Nebraska law requires prompt notice to avoid denial of coverage under your policy. Provide the basic facts and your policy number. - Document Vehicle Damage Thoroughly
Take clear photographs of all damaged areas from multiple angles. Collect repair estimates from reputable auto body shops. Keep all receipts for rental cars, towing, and storage fees. - Submit a Property Damage Claim
If the other driver is clearly at fault, file a claim directly with that insurer. If you have collision coverage, you may also file with your own insurer and seek reimbursement through subrogation. Include your estimate, photos, police report, and receipts. - Negotiate a Settlement
The insurer will review your documentation and may offer a settlement. Compare the offer to your estimates and negotiate any discrepancies. Ask for a detailed explanation of any deductions (e.g., depreciation). - Invoke the Appraisal Clause (If Available)
Many auto insurance policies include an appraisal clause to resolve value disputes. Each party selects an appraiser; if they disagree, an umpire resolves the difference. This process can force the insurer to pay a fair market value for repairs. - File a Lawsuit if Necessary
If negotiations and appraisal fail, you can sue for property damage in county court. Under Nebraska law, the statute of limitations for damage to personal property is four years from the date of loss. See Neb. Rev. Stat. § 25-207: https://nebraskalegislature.gov/laws/statutes.php?statute=25-207. Missing this deadline generally bars your claim.
Helpful Hints
- Keep a detailed accident diary with dates, times, and communications.
- Always demand rental reimbursement if provided under your policy.
- Obtain at least two independent repair estimates to support your claim.
- Read your insurance policy’s definitions of “actual cash value” and “diminished value.”
- Consult an attorney before filing suit to confirm venue, damages, and court costs.