Detailed Answer
When your car accident leads to injuries, your auto policy may cover medical expenses. If the insurance adjuster rejects your claim, you must prove causation and necessity. In Nebraska, you must gather strong evidence, follow key deadlines, and use state statutes to support your case.
1. Gather Strong Medical Evidence
Obtain complete treatment records from every healthcare provider. Ask each provider to prepare a medical statement linking your treatment to the accident. Under Nebraska’s Business Records Exception, such records are admissible as evidence (Neb. Rev. Stat. § 25-21,185).
2. Obtain an Independent Medical Examination (IME)
Request an impartial doctor’s evaluation. An IME doctor can confirm or clarify your treating physician’s conclusions. This independent report carries weight during negotiations or litigation.
3. Send a Formal Demand Letter
Draft a letter to the insurer detailing your injuries, treatments, and total medical expenses. Include copies of all supporting medical records. Set a reasonable deadline. A well-organized demand often prompts a fresh review.
4. File a Lawsuit if Necessary
If the insurer still denies your claim, file suit in Nebraska county court. Nebraska imposes a four-year statute of limitations for personal injury actions (Neb. Rev. Stat. § 25-207). Filing before the deadline preserves your legal rights.
5. Consult a Nebraska Attorney
A licensed attorney can guide you through evidence rules, negotiate with the insurer, and handle court procedures. They help protect your rights and maximize recovery.
Key Nebraska Statutes
- Neb. Rev. Stat. § 25-21,185 (Business Records Exception for Medical Records)
- Neb. Rev. Stat. § 25-207 (Four-Year Statute of Limitations)
- Neb. Rev. Stat. § 60-6,270 (Mandatory Insurance Coverage Requirements)
Disclaimer: This article is for informational purposes only. It does not provide legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Keep a daily log of pain levels and treatment progress.
- Ensure each doctor’s report cites the accident date and mechanism of injury.
- Collect all medical bills, invoices, and receipts promptly.
- File your lawsuit before the four-year deadline expires.
- Consider mediation or arbitration to resolve disputes faster.