Car Accidents in Nebraska: What the Law Says

Insurance Systems & Requirements

System type

Nebraska operates under a traditional “fault” insurance system. This means that the driver found responsible for causing an accident is liable for the resulting damages. Accident victims can seek compensation from the at-fault driver’s insurance for medical expenses, lost wages, and property damage.

Minimum liability requirements

In Nebraska, all drivers are required to carry at least the following minimum liability coverage:

• $25,000 for bodily injury or death per person in a single accident
• $50,000 for bodily injury or death of two or more people in a single accident
• $25,000 for property damage per accident

These limits ensure financial protection for both drivers and victims in the event of an accident.

Proof of financial responsibility

Drivers must carry proof of financial responsibility in their vehicles at all times. Acceptable forms include:

• An original insurance card or policy issued by an authorized insurer
• A bond issued by a surety company authorized to do business in Nebraska
• A certificate of deposit of $75,000 filed with the State Treasurer
• A certificate of self-insurance issued by the Nebraska Department of Motor Vehicles (applicable for owners of 26 or more vehicles)

Proof of insurance may be presented in electronic format, such as on a smartphone or tablet. 

Penalties for non-compliance

Driving without the required insurance in Nebraska can lead to significant penalties. If you’re unable to provide proof of insurance during a traffic stop or after an accident, you may face fines, license suspension, and the requirement to file an SR-22 certificate of insurance for three years. 

Uninsured and Underinsured Motorist Coverage (UM/UIM)

While Nebraska mandates minimum liability coverage, some drivers may still be uninsured or underinsured. To protect yourself, it’s advisable to consider UM/UIM coverage, which can help cover your expenses if you’re involved in an accident with such a driver.

Fault & Negligence Laws

In Nebraska, the driver found to be at fault for an accident is responsible for covering the damages. The state follows a “modified comparative fault” rule, which means that if you’re found to be partially at fault for an accident, your compensation may be reduced by your percentage of fault. However, if you’re found to be 50% or more at fault, you cannot recover any damages.

Statute of limitations

In Nebraska, individuals injured in auto accidents generally have four years from the date of the accident to file a lawsuit for personal injuries or property damage. If the accident results in a wrongful death, the period is two years from the date of death. Filing after the statute of limitations has expired typically results in the case being dismissed, so it’s essential to act promptly.

Procedures for Handling MVAs

When to report an accident: Nebraska law requires drivers to report any accident that results in injury, death, or property damage exceeding $1,500. If a law enforcement officer investigates the accident, they will complete an Investigator’s Motor Vehicle Crash Report. If not, drivers must submit a Driver’s Motor Vehicle Crash Report to the Nebraska Department of Transportation within 10 days of the accident. 

Filing a report: The easiest way to complete a Driver’s Motor Vehicle Crash Report is by filling out the form online at the Driver Crash Reporting website. 

How to access accident reports: To obtain a copy of an accident report, you can contact the Nebraska Department of Transportation’s Highway Safety Section. They maintain records of all reported accidents and can provide copies upon request.

Types of Compensation Available & Limits

Nebraska recognizes several types of damages in car accident claims:

• Economic Damages: These include measurable financial losses, such as medical expenses, lost wages, and property damage
• Non-Economic Damages: These compensate for intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life

Nebraska does not impose caps on compensatory damages for personal injury claims. However, punitive damages are not allowed in Nebraska.

Medical Payments & Health Coverage

In Nebraska, the responsibility for covering medical expenses after a car accident primarily depends on the determination of fault and the specific insurance coverages in place.

At-fault driver’s liability insurance: The driver that is found responsible for the accident is liable for the resulting damages, including medical expenses of the injured parties. However, the process of establishing fault and obtaining compensation can be time-consuming.  

Medical Payments coverage (MedPay): Nebraska auto insurance policies often offer optional MedPay coverage, which helps pay for medical expenses incurred by you and your passengers, regardless of who is at fault in the accident. This coverage can be particularly beneficial for immediate medical costs, such as ambulance fees, hospital visits, and other necessary treatments. It’s important to note that MedPay is optional and not all drivers may have this coverage.

Health insurance: If you have health insurance, it can serve as a secondary source of coverage for medical expenses resulting from a car accident. After exhausting MedPay benefits or if MedPay is not available, your health insurance can help cover additional medical costs. Be aware that your health insurer may seek reimbursement from any settlement you receive from the at-fault driver’s insurance, a process known as subrogation.  

Uninsured/underinsured motorist coverage (UM/UIM): In situations where the at-fault driver lacks sufficient insurance or is uninsured, UM/UIM coverage on your auto insurance policy can provide a vital safety net. This optional coverage helps pay for medical bills and other damages when the responsible party cannot fully cover the costs.  

Unique Local Considerations

Nebraska’s climate, geography, and rural road conditions create unique driving challenges. From icy roads in winter to wildlife crossings and farm equipment on highways, drivers must stay aware and adapt to local hazards.

Severe weather conditions

Nebraska experiences harsh winters, with snow, ice, and black ice creating slippery roads and reducing visibility. Freezing temperatures can also cause mechanical issues, so drivers should use snow tires, drive slower, and carry an emergency kit. Heavy rain and flash flooding are common, especially in low-lying areas. Avoid driving through flooded roads, as even shallow water can sweep vehicles away. Tornadoes and high winds are frequent in spring and summer, making highway driving dangerous. If a tornado warning is issued, seek shelter immediately.

Rural roads and wildlife hazards

Nebraska’s rural areas bring risks like wildlife crossings, especially deer during mating season (October–December). These animals are most active at dawn and dusk, so drivers should stay alert and avoid swerving if an animal appears. Slow-moving farm equipment is also common on highways, often traveling under 25 mph. Be patient and only pass when safe. Many roads are unpaved gravel or dirt, making them slippery after rain, so reduce speed and avoid sudden braking.

Urban vs. rural driving risks

While cities like Omaha and Lincoln face traffic congestion and distracted driving issues, rural roads have longer emergency response times, limited lighting, and fewer marked lanes, increasing nighttime driving risks.

Construction zones and roadwork

Nebraska sees frequent road construction in warmer months, leading to lane shifts, slowdowns, and reduced speed limits. Fines double in work zones, so always stay alert and follow posted signs.

Legal Resources & Contacts

If you need assistance after a car accident in Nebraska, several state agencies provide essential resources, guidance, and official documentation. Whether you need to report an accident, check your insurance requirements, or seek legal help, these organizations can provide the necessary support.

Nebraska Department of Motor Vehicles (DMV)

The Nebraska DMV is responsible for driver licensing, vehicle registration, and enforcing financial responsibility laws. If your driver’s license has been suspended due to an accident, DUI, or failure to maintain insurance, you must go through the DMV for reinstatement. Additionally, Nebraska requires high-risk drivers to file an SR-22 form, proving that they carry at least the state’s minimum liability coverage. If your vehicle is totaled in an accident, the DMV handles title transfers and new registrations. Drivers must also carry proof of financial responsibility, and failing to present valid insurance can result in fines or license suspension. More information can be found on their website: dmv.nebraska.gov.

Nebraska Department of Transportation (NDOT)

The Nebraska Department of Transportation (NDOT) manages crash reporting, road safety initiatives, and accident data collection. If law enforcement does not investigate an accident, drivers must submit a Driver’s Motor Vehicle Crash Report within 10 days if injuries occurred or if property damage exceeds $1,500. NDOT also publishes annual traffic crash reports, which can be useful for insurance claims or legal cases. Additionally, the Highway Safety Office promotes initiatives to reduce distracted driving, impaired driving, and other road hazards. For reporting accidents and accessing official traffic reports, visit their website: dot.nebraska.gov.

Nebraska State Patrol (NSP)

The Nebraska State Patrol (NSP) is responsible for traffic law enforcement, major crash investigations, and maintaining accident records. If you need an official police report for an accident investigated by the NSP, you can request a copy through their records department. If you were involved in a hit-and-run accident, the State Patrol may assist in locating the responsible driver. They also enforce DUI laws, reckless driving violations, and commercial vehicle safety regulations. If your accident involved any criminal activity, the State Patrol will likely be the agency handling the investigation. Learn more at statepatrol.nebraska.gov.

Nebraska Department of Insurance (DOI)

The Nebraska Department of Insurance (DOI) ensures that insurance companies comply with state regulations. If you are having trouble with an insurance claim, you can file a complaint with the DOI for investigation. Their consumer services division helps policyholders understand Nebraska’s auto insurance laws, including minimum coverage requirements and optional policies like Medical Payments (MedPay) and Uninsured/Underinsured Motorist (UM/UIM) coverage. If you were involved in an accident with an uninsured or underinsured driver, the DOI can guide you through the claims process and your legal options. Visit their website for more details: doi.nebraska.gov.

Nebraska Court System

If your accident leads to a legal dispute, the Nebraska court system handles personal injury claims, traffic violation cases, and insurance-related lawsuits. Victims seeking compensation beyond insurance payouts may need to file a lawsuit in county or district court, depending on the severity of damages. If you received a traffic citation related to the accident, the court system provides information on paying fines, appealing citations, or attending defensive driving courses. For minor claims, small claims court may be an option for recovering damages under $3,900 without needing an attorney. Learn more at nebraska.gov/courts.