Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed attorney in Nebraska for guidance on your specific situation.
Detailed Answer
Under Nebraska’s fault-based system, you must establish that another party caused your injury and persuade the at-fault party’s insurer to accept liability. Follow these steps:
- Notify the Insurer Promptly
As soon as possible after the accident, send written notice of the incident to the at-fault party’s insurance company. Although Nebraska law does not set a strict deadline for notice, most policies require prompt reporting. A delay could give the insurer grounds to deny your claim. - Gather Strong Evidence
Collect a police report, photographs of the scene and your injuries, witness contact information, and all medical records. Clear documentation of fault and damages strengthens your position. - Prepare a Detailed Demand Package
Draft a demand letter outlining the facts, liability basis, and a breakdown of your damages (medical expenses, lost wages, pain and suffering). Include copies of your evidence and set a reasonable deadline (e.g., 30 days) for the insurer’s response. - Cite Nebraska’s Unfair Insurance Practices Act
Under Neb. Rev. Stat. § 44-1515 (link), insurers may not deny or delay claims without a reasonable basis. Referencing this statute in your demand letter signals you know your rights and may discourage bad-faith tactics. - Watch the Statute of Limitations
Nebraska law gives you two years from the date of injury to file a personal injury lawsuit. See Neb. Rev. Stat. § 25-207 (link). If the insurer refuses to accept liability before this deadline, you must file suit to preserve your claim. - Consider Bad-Faith Remedies
If the insurer denies or unreasonably delays payment after you present a valid claim, you may pursue a bad-faith action under Neb. Rev. Stat. § 25-21,185 (link). Courts can award penalties, interest, and attorney fees for unfair claim practices.
Helpful Hints
- Send all correspondence by certified mail with return receipt to prove timely notice.
- Keep a detailed injury journal, noting pain levels, mobility limitations, and treatment progress.
- Obtain a written expert opinion when liability is disputed.
- Do not accept a low settlement offer without reviewing it with an attorney.
- Track all deadlines—demand-response periods and the two-year statute of limitations.
- Seek free or low-cost legal consultations to evaluate your case early.