Seeking Damages from Multiple At-Fault Parties in Nebraska

When an insurance policy’s shared per-accident limit exhausts before covering all your losses, Nebraska law still offers paths to recover the unpaid balance. You can pursue each at-fault party directly, use joint and several liability, seek contribution among tortfeasors, and explore underinsured motorist coverage under your own policy.

Detailed Answer

1. Identify All At-Fault Parties and Their Insurers

Start by determining which drivers or entities contributed to your accident. Obtain each party’s insurance information. If one policy covers multiple drivers or vehicles under a single limit, that shared limit applies only once per accident. Once that limit is exhausted, you must look elsewhere to recover remaining damages.

2. File a Lawsuit Against Each At-Fault Party

Under Nebraska law, you can name each negligent party as defendants in one lawsuit. You can ask the court to enter a judgment against each based on their percentage of fault. Even if one insurer paid its maximum shared limit, you can still obtain a judgment against other at-fault individuals or entities.

3. Joint and Several Liability

Nebraska follows a modified comparative negligence scheme with joint and several liability. If two or more parties share fault, you may recover the entire judgment from any one defendant, regardless of that party’s percentage share. The defendant who pays more than its share can then seek contribution from co-defendants.

Citation: Neb. Rev. Stat. § 25-21,185 (contribution among tortfeasors).

4. Right to Contribution

After paying more than its proportionate share, an at-fault party or its insurer can file a separate contribution claim against other tortfeasors. The court allocates each party’s share according to comparative fault.

Citation: Neb. Rev. Stat. § 25-21,185.

5. Modified Comparative Negligence

Nebraska reduces your recoverable damages by your percentage of fault, but only if you are less than 50% responsible. If you are 50% or more at fault, you cannot recover any damages.

Citation: Neb. Rev. Stat. § 25-21,187 (comparative negligence).

6. Underinsured Motorist (UIM) Coverage

If an at-fault driver’s policy limit falls short, your own auto policy’s UIM coverage may cover the gap. Nebraska requires insurers to offer UIM coverage, which you can accept or reject in writing.

Citation: Neb. Rev. Stat. § 44-6401 (underinsured motorist coverage).

7. Enforcing Judgments and Collecting Unpaid Damages

Once you obtain a judgment, use Nebraska’s post-judgment remedies—garnishment of wages and bank accounts, execution against property, and liens on real estate. The judgment creditor’s attorney can guide you through garnishment procedures.

Citation: Neb. Rev. Stat. § 25-1552 (garnishment procedures).

Disclaimer: This article provides general information under Nebraska law and does not constitute legal advice. Always consult a qualified attorney for guidance tailored to your situation.

Helpful Hints

• Gather police reports, medical bills, and witness statements to show fault percentages.
• Consult your own insurance agent about underinsured motorist coverage limits.
• Track all insurance payments to confirm when shared policy limits are exhausted.
• Work with an attorney to draft a complaint that names all at-fault parties.
• Consider mediation or settlement demands early to avoid long litigation.
• Understand Nebraska’s 50% bar rule—if you’re 50% or more at fault, you cannot recover.