Detailed answer: how to file a claim and protect your rights

If another driver ran a stop sign and hit your car, you have several practical steps to preserve evidence and pursue compensation for injuries, medical bills, lost wages, and other losses. Below is a clear, step-by-step explanation of the process under Nebraska law and what to expect at each stage.

1. Ensure safety and get prompt medical care. First, move to safety if you can. Call 911 for police and ambulance if needed. Get medical attention even if you feel OK—some injuries show up later. Medical records are essential evidence for a personal injury claim.
2. Call the police and obtain an accident report. A crash report documents the facts, including any traffic citations (for example, running a stop sign). The police report is important evidence, though it is not the final word on civil liability.
3. Document the scene and preserve evidence. Take photos of vehicle damage, skid marks, the intersection and stop sign, your injuries, and visible road or weather conditions. Collect contact information for witnesses. Keep all medical receipts, repair estimates, pay stubs, and communications related to the crash.
4. Notify your insurance company promptly. Report the accident to your insurer as required by your policy. Provide factual information but avoid admitting fault or guessing about the cause. Your insurer may help with vehicle repair and may pursue subrogation against the other driver’s insurer.
5. File a claim with the at-fault driver’s insurance company. You (or your attorney) can submit a claim to the other driver’s liability carrier. Expect an adjuster to investigate and possibly make a settlement offer. Don’t accept the first offer until you understand your medical prognosis and total damages.
6. Understand negligence and evidence. Running a stop sign is a traffic violation and can be strong evidence of negligence. A citation or admission can help prove the other driver breached a legal duty to drive safely. However, traffic tickets do not automatically decide civil liability in Nebraska—the court or jury will weigh all the evidence.
7. Consider how fault affects your recovery. Nebraska applies comparative-fault principles: if you are found partially at fault, your financial recovery generally will be reduced by your percentage of fault. Keep thorough evidence to minimize any assigned fault to you.
8. Send or expect a demand package (settlement negotiation). If you want to try to settle without a lawsuit, prepare a demand that summarizes your injuries, medical treatment, lost wages, and a requested dollar amount. The insurer may accept, reject, or counter. Negotiations can resolve many cases.
9. If negotiations fail, file a lawsuit before the statute of limitations expires. For most personal injury claims in Nebraska, you must file a civil action within four years of the injury. See Neb. Rev. Stat. § 25-207 for the statute of limitations for actions for injury to the person or rights. Filing starts formal court proceedings and preserves your right to seek damages in court. Link: Neb. Rev. Stat. § 25-207 (statute of limitations).
10. Prepare for litigation if needed. After filing, both sides exchange evidence through discovery (documents, depositions, interrogatories). Your attorney will build a case, which may include medical experts, accident reconstruction, and witness testimony. Many cases settle before trial; if not, your case proceeds to trial where a judge or jury will decide liability and damages.

Types of damages you can seek

• Medical expenses (past and future)
• Property damage (vehicle repair or replacement)
• Lost wages and loss of earning capacity
• Pain and suffering and emotional distress
• Permanent disability or scarring

When to hire an attorney

Consider hiring an attorney if you have moderate or serious injuries, ongoing medical treatment, disputes about fault, multiple parties, or if the insurer offers a low settlement. An attorney can evaluate the case, negotiate with insurers, preserve important evidence, and file suit if necessary.

Key Nebraska law note: The primary statutory deadline to remember is Neb. Rev. Stat. § 25-207, which sets the time limit for bringing most personal injury claims in Nebraska. Missing the deadline can bar your case in court.

Disclaimer: This article is educational and informational only. It does not constitute legal advice, does not create an attorney-client relationship, and should not be relied upon as a substitute for consulting a licensed attorney about your specific situation.

Helpful Hints

• File an accident report and get a copy of the police report as soon as possible.
• Seek medical care immediately; link injuries to the crash in your medical records.
• Take and back up photos of the scene, vehicle damage, and injuries on the day of the crash.
• Get witness names and contact information at the scene; written statements are valuable.
• Keep a crash file: medical bills, treatment notes, repair estimates, pay stubs, and all communications with insurers.
• Do not sign full-release settlement offers until your injuries and future needs are clear.
• Be cautious in recorded statements to the other driver’s insurer; consult an attorney before giving detailed recorded statements.
• Act quickly on deadlines—statutes of limitation can bar claims if you delay.
• If available, save dashcam or phone video footage and make copies for your attorney.
• Ask questions about medical liens, subrogation, and how a settlement will be divided among bills and legal fees.