Nebraska car accident laws decide who pays after a crash, how much, and how long you have to act. The short version: Nebraska is an at-fault state, your own share of the blame can reduce or wipe out your claim, and most injury claims must be filed in court within four years.
Some deadlines are much shorter. A wrongful death claim has two years. A claim against a city or county needs written notice within one year. If you were hurt in South Sioux City or anywhere in Siouxland, a car accident lawyer can help you sort out which rules apply to you. Here is what the statutes say.
Nebraska is an at-fault state
Nebraska uses a fault-based system. The driver who caused the crash, and that driver's insurance company, can be held responsible for the harm.
An owner may not let a vehicle be driven on a public highway without a current liability policy or other proof of financial responsibility (Neb. Rev. Stat. § 60-3,167).
Nebraska comparative negligence: the 50 percent bar
Often more than one driver made a mistake. Nebraska comparative negligence law handles that in Neb. Rev. Stat. § 25-21,185.09. It has two parts:
- Your damages go down by your share of the negligence. If your losses are $100,000 and you were 20 percent at fault, the award can drop to $80,000.
- If your negligence is equal to or greater than the total negligence of everyone you are making a claim against, you are barred from any recovery.
In a two-car crash, that means a driver who is 50 percent at fault recovers nothing. A driver who is 49 percent at fault can still recover a reduced amount.
Because fault percentages matter so much, what you say to an insurance company can affect your claim. See our article on insurance mistakes after an auto accident.
Nebraska car accident statute of limitations
A statute of limitations is the deadline to file a lawsuit. A case filed late can be dismissed.
- Injury claims: four years (Neb. Rev. Stat. § 25-207).
- Damage to your vehicle or other personal property: four years (Neb. Rev. Stat. § 25-207).
- Wrongful death: two years after the death. The claim is brought by the personal representative of the estate for the surviving spouse and next of kin (Neb. Rev. Stat. § 30-810). See our wrongful death page for more.
Claims against a city, county or the state
Different rules apply when the other driver was working for the government, such as a city truck or a county vehicle.
- City, village, county or school district: A written claim must be made to the governing body within one year after the claim accrued, and a lawsuit must be started within two years (Neb. Rev. Stat. § 13-919).
- State of Nebraska: A written claim must be made to the state Risk Manager within two years after the claim accrued (Neb. Rev. Stat. § 81-8,227).
These deadlines are shorter than four years, and the statutes allow only limited extensions.
Insurance Nebraska drivers must carry
Nebraska law sets the minimum liability policy in Neb. Rev. Stat. § 60-310:
- $25,000 for bodily injury to or death of one person in one accident
- $50,000 for bodily injury to or death of two or more people in one accident
- $25,000 for damage to other people's property in one accident
Liability policies on vehicles kept in Nebraska must also include uninsured and underinsured motorist coverage. The required limits are $25,000 per person and $50,000 per accident for each (Neb. Rev. Stat. § 44-6408). You can ask your insurer in writing for higher limits.
This coverage can pay for your injuries when the at-fault driver has no insurance, or not enough to cover your losses.
What Nebraska law requires at the scene
- Property damage only: Stop right away at the scene. Give your name, address, telephone number and driver's license number to the other driver, the occupants or the property owner (Neb. Rev. Stat. § 60-696).
- Unattended vehicle or property: Stop, leave a written note with that information in a place where it will be seen, and report the collision to a peace officer without unnecessary delay (Neb. Rev. Stat. § 60-696).
- Injury or death: Stop, find out who was involved, give your name, address and vehicle license number, and show your driver's license. You must also give reasonable help to anyone who is hurt, including getting them to medical care if it is clearly needed or they ask (Neb. Rev. Stat. § 60-697).
Leaving the scene is a crime. It is a misdemeanor when only property is damaged (§ 60-696) and a felony when someone is injured or killed (Neb. Rev. Stat. § 60-698).
The driver's crash report
If no peace officer investigates the crash, you may have to file your own report. Under Neb. Rev. Stat. § 60-699, a driver must send a report to the Nebraska Department of Transportation within 10 days when the crash caused:
- an injury or death, or
- apparent damage of $2,000 or more to the property of any one person, including the driver.
The Department of Transportation takes the Driver's Motor Vehicle Crash Report online or by mail. Failing to report is a misdemeanor. The driver's own report is confidential, and it cannot be used as evidence of negligence at trial (§ 60-699).
Seat belts and your claim
Not wearing a seat belt does not end a Nebraska injury claim. Under Neb. Rev. Stat. § 60-6,273, that evidence cannot be used to decide who caused the crash. It may be used on the question of damages, but it cannot reduce the recovery by more than five percent.
How Iowa differs for Siouxland drivers
Many people cross the river between South Sioux City and Sioux City every day. The rules are not the same on both sides.
- Fault: In Iowa, you are barred only if your fault is greater than the combined fault of the other parties (Iowa Code section 668.3). A driver who is exactly 50 percent at fault can still recover in Iowa. In Nebraska, that driver recovers nothing.
- Deadline: Iowa gives two years for claims based on injuries to a person (Iowa Code section 614.1(2)). Nebraska gives four.
A person who assumes the Nebraska deadline applies to an Iowa claim could lose it. Our article on Iowa and Nebraska auto accident claims compares the two states in more detail.
Frequently asked questions
Is Nebraska a no-fault state?
No. Nebraska uses a fault-based system. The driver who caused the crash can be held responsible for the harm.
How long do I have to file a car accident claim in Nebraska?
An injury or property damage lawsuit must be filed within four years (Neb. Rev. Stat. § 25-207). Wrongful death has a two-year deadline, and claims against a city, county or the state have shorter notice deadlines.
Can I recover money if I was partly at fault?
Yes, in many cases. Your recovery is reduced by your share of the negligence, and you are barred if your share is equal to or greater than that of the people you are claiming against.
Do I have to report a crash in Nebraska?
If no peace officer investigates, you must report to the Nebraska Department of Transportation within 10 days when someone is hurt or killed, or one person's property damage appears to be $2,000 or more.
Talk with a car accident lawyer in South Sioux City
Fitch & Stahle Law Office is at 1917 Dakota Ave in South Sioux City, Nebraska. Attorneys Thomas A. Fitch and Robert J. Stahle are licensed in both Nebraska and Iowa, so the firm also serves people looking for a car accident lawyer in Sioux City. Se habla español.
Call (402) 494-3012 or contact us for a free case evaluation.
This article is general information, not legal advice. Laws change, and every case is different. Talk with a lawyer about your own situation.