Disclaimer: This article is for educational purposes only and does not constitute legal advice. You should consult a licensed attorney for guidance on your specific situation.
Detailed Answer
Under Nebraska law, every motorist must carry liability insurance that covers bodily injury and property damage. See Neb. Rev. Stat. § 60-304 (nebraskalegislature.gov/laws/statutes.php?statute=60-304). The insurer owes a duty to investigate and, if the policy covers the claim, to pay for the at-fault party’s medical expenses up to the policy limits. Neb. Rev. Stat. § 44-1514 of the Unfair Insurance Practices Act requires insurers to acknowledge and act on claims promptly (nebraskalegislature.gov/laws/statutes.php?statute=44-1514).
Follow these steps to help ensure the insurer accepts liability:
- Report the accident promptly. Notify the at-fault driver’s insurer in writing as soon as possible. Include date, location, and a brief description of injuries. Early notice triggers the insurer’s duty to investigate.
- Gather and submit medical documentation. Provide copies of medical records, itemized bills, doctor’s reports, therapy notes, and diagnostic test results. Request authorizations so the insurer can obtain records directly. Detailed documentation shows the link between the accident and your injuries.
- Send a formal demand letter. Outline facts, state that the other driver was negligent under Neb. Rev. Stat. § 25-21,185 (nebraskalegislature.gov/laws/statutes.php?statute=25-21,185), and demand payment of medical expenses. Cite policy limits and give a deadline (e.g., 30 days) for acceptance or denial.
- Refer to policy provisions. Review the at-fault driver’s Declarations Page to confirm coverage limits. Nebraska requires minimum limits of $25,000 per person and $50,000 per accident under § 60-304. If injuries exceed those limits, note the exposure.
- Follow up aggressively. If you do not receive a written acceptance or denial within 30 days, send a follow-up letter. Remind the insurer of its obligations under the Unfair Insurance Practices Act.
- Consider a medical lien or letter of protection. Ask your health care provider to defer payment until the insurer resolves liability. This can motivate the insurer to make a timely decision.
- Explore bad-faith remedies. If the insurer unreasonably delays or denies coverage, you may file a complaint with the Nebraska Department of Insurance or pursue a bad-faith claim under Neb. Rev. Stat. § 44-1514.
Helpful Hints
- Keep a detailed file of all communications, including emails, letters, and phone calls.
- Document your medical treatment timeline to show causation and necessity.
- Obtain witness statements and photographs to support fault.
- Be polite but persistent when dealing with adjusters.
- Consult an attorney early to prepare demand letters and liens correctly.