Detailed Answer
When an at-fault driver lacks active insurance in Nebraska, injured parties have several paths to seek compensation. Under Nebraska law, drivers must maintain financial responsibility at all times (Neb. Rev. Stat. § 60-393). If the at-fault driver did not comply, you can pursue the following options:
1. File an Uninsured Motorist (UM) Claim
Nebraska requires insurers to offer UM coverage to protect policyholders when the at-fault party has no insurance (Neb. Rev. Stat. § 44-6409). If you accepted this coverage, contact your insurer to start a UM claim. Provide police reports, medical records, and repair estimates to substantiate your losses.
2. Pursue a Direct Lawsuit Against the At-Fault Driver
You can file a personal injury lawsuit against the uninsured driver. If you obtain a judgment, Nebraska law allows you to enforce it through wage garnishment, bank levies, or property liens (Neb. Rev. Stat. § 60-503). Analyze the driver’s assets before filing to ensure they have collectible resources.
3. Seek a Bond Following Registration Suspension
When a driver fails to maintain insurance, the DMV may suspend their registration (Neb. Rev. Stat. § 60-503). The driver can post a bond to reinstate registration. You may record this bond with the clerk of court to secure your claim if they default.
4. Consider Alternative Compensation Sources
Investigate other potential sources, such as health insurance or medical payment (MedPay) coverage. Some employers offer accident benefits. You may also look into victim compensation programs administered by the Nebraska Crime Commission for hit-and-run incidents or uninsured drivers.
5. Consult with an Attorney
An attorney can assess the strength of your UM claim, guide you through litigation, and advise on collecting a judgment. Many personal injury lawyers offer free consultations and work on a contingency-fee basis.
Disclaimer: This article provides general information under Nebraska law and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Helpful Hints
- Review your insurance policy to confirm UM limits and exclusions.
- Gather all evidence, including accident reports, witness statements, and photographs.
- Document your medical treatment and out-of-pocket expenses.
- Act promptly: Nebraska’s statute of limitations for personal injury is four years (Neb. Rev. Stat. § 25-207).
- Keep detailed records of all communications with insurance companies and the at-fault driver.