Nebraska Car Accident Laws: What Drivers Need to Know

Insurance System & Requirements

Nebraska follows an at-fault insurance system. The driver who causes a crash is financially responsible for the resulting damages, and an injured person can pursue compensation through a claim against the at-fault driver's insurer, a claim on their own applicable coverage, or a lawsuit.

Minimum required coverage

Every Nebraska driver must carry liability coverage meeting these limits:

• Bodily injury: $25,000 per person / $50,000 per accident
• Property damage: $25,000 per accident

This is commonly written as 25/50/25. These are floors, not realistic ceilings, and the at-fault driver remains personally liable for anything a serious crash costs beyond their policy limits.

Proof of financial responsibility

Drivers must be able to show proof of coverage at all times, which can take one of several forms:

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

Proof can be shown electronically, on a phone or tablet.

Uninsured and underinsured motorist coverage: both mandatory

This is a point where the current page significantly understates the law. Nebraska doesn't merely recommend UM/UIM coverage, it requires it. Under the Uninsured and Underinsured Motorist Insurance Coverage Act (§ 44-6408), every auto liability policy issued or renewed in Nebraska must include both uninsured motorist (UM) and underinsured motorist (UIM) coverage, at the same $25,000 per person / $50,000 per accident minimums as liability coverage.

UM protects you when the at-fault driver has no insurance at all. UIM fills the gap when the at-fault driver has some coverage but not enough to cover your losses; your own insurer pays the difference, up to your UIM limit, once other legally liable parties have paid what they owe. UM/UIM benefits aren't reduced by any MedPay coverage in your own policy; MedPay pays first, and UM/UIM is treated as coverage on top of it, not a substitute for it. Insurers can offer higher UM/UIM limits than the state minimum, and under § 44-6408 must offer up to $100,000 per person / $300,000 per accident if you request it in writing. Once you've made that election, the insurer doesn't have to resend the offer at each renewal, so it's worth revisiting your coverage periodically rather than assuming it will be re-offered automatically.

Penalties for driving without insurance

Failing to show proof of insurance at a traffic stop doesn't mean immediate consequences: Nebraska gives you a 10-day grace period to present valid proof of coverage to the prosecutor or county attorney handling the matter (§ 60-3,167). If that doesn't resolve it, driving entirely without insurance is a Class II misdemeanor, carrying a fine of up to $1,000 and up to 6 months in jail.

A conviction, or an unresolved lapse in coverage, triggers suspension of both your driver's license and vehicle registration. Reinstatement requires your insurer to file an SR-22 directly with the DMV (faxes and photocopies aren't accepted) and a $50 reinstatement fee, plus minor online processing charges. The SR-22 must stay active and continuous for 3 years from the date of the ticket. If it lapses even for a single day, your insurer must file an SR-26 notifying the state, which re-suspends your license and restarts the full 3-year clock from scratch.

Fault & Negligence Laws

Modified comparative fault: the 50% line

Nebraska follows a modified comparative fault rule under § 25-21,185.09. If you're partly at fault for a crash, your compensation is reduced by your percentage of fault, but only up to a point: if you're found 50% or more at fault, you recover nothing at all. This is a stricter cutoff than the 51%-style bars used in many other states in this series, where a plaintiff can still recover at exactly the halfway mark; in Nebraska, 50% is already enough to end the claim.

A concrete example: if a jury awards $100,000 in damages and finds you 30% at fault, you recover $70,000. At 49% fault, you'd still recover $51,000. At 50% fault, you recover nothing.

Punitive damages: barred outright, not just capped

Punitive damages aren't merely capped or disfavored in Nebraska, they're categorically prohibited as a matter of state constitutional law. Article VII, Section 5 of the Nebraska Constitution requires that all "fines, penalties, and license moneys" be appropriated to the state's public schools, and the Nebraska Supreme Court has long read this to mean that a punitive award benefiting a private plaintiff, rather than the schools, is unconstitutional (Abel v. Conover, 1960; reaffirmed as recently as O'Brien v. Cessna Aircraft Co., 2017). 

Nebraska is one of only four states with this kind of categorical bar, alongside Massachusetts, Washington, and Louisiana. Even a drunk driving crash, however reckless, cannot produce a punitive damages award in Nebraska state court; the driver's conduct instead gets addressed through the criminal system, separately from the civil claim.

Multi-vehicle collisions

Fault in a crash involving multiple vehicles is apportioned among the drivers based on the evidence, police reports, witness statements, and photographs. Each driver's recovery is reduced by their own percentage of fault, subject to the same 50% bar described above.
Statute of Limitations

Standard filing deadlines in Nebraska

• Personal injury: 4 years from the date of the accident, under § 25-207, Nebraska's general limitations statute for an injury to the rights of another not arising from contract
• Property damage: 4 years under the same statute
• Wrongful death: 2 years from the date of death, under § 30-810. A wrongful death claim must be brought by the personal representative of the deceased's estate, not by family members directly, for the benefit of the surviving spouse and next of kin

This is a sharp contrast worth naming plainly: a survived injury gets a 4-year window, but the same crash resulting in death cuts that window in half. Families dealing with a fatal crash have meaningfully less time to act than an injured survivor would.

Minors

Under § 25-213, the limitations clock is tolled for a minor until they turn 21, an unusual detail even by comparative standards, since most states toll to 18. This means an injured minor has until their 21st birthday to sue on their own behalf for an ordinary personal injury claim, regardless of how much of the standard 4-year period had already elapsed at the time of the crash. In practice, a parent or guardian typically files well before that on the minor's behalf.

One narrow exception: the Nebraska Supreme Court has held that this same tolling provision does not extend the separate statute of repose that applies to product liability claims (§ 25-224(2)), a distinction that wouldn't usually matter for an ordinary car accident claim but is worth knowing if a defective vehicle part is part of the picture.

Claims against government entities: two different frameworks

If your crash involved a government vehicle or employee, the deadline and process depend on which level of government is involved.

• Political subdivisions (a city, county, or similar local government): governed by the Political Subdivisions Tort Claims Act, § 13-901 et seq. Written notice of the claim must reach the specific official who maintains that subdivision's official records, typically a city or county clerk, or the subdivision's law department if one has been designated, within 1 year of the incident (§ 13-905). This matters more than it might seem: Nebraska courts have repeatedly held that notifying the wrong office, or even the subdivision's own insurance carrier, does not satisfy this requirement, and have enforced it strictly even where no real prejudice resulted. Once notice is properly filed, you generally have 2 years to actually sue (§ 13-919), but you must first wait for a decision on your claim, or up to 6 months, whichever comes first. Claims are capped as discussed in the Compensation section below, and are tried before a judge, without a jury (§ 13-907)
• The state itself: governed by the separate State Tort Claims Act, § 81-8,209 et seq., which the statute itself describes as the exclusive remedy for a tort claim against the state, a state agency, or a state employee. Nebraska case law has specifically confirmed that a claim arising from the state's highway maintenance falls within this Act (Bean v. State, 1986), which matters directly for a crash caused by a road defect on a state highway. A written claim must reach the State Risk Manager within 2 years of the claim accruing (§ 81-8,227). After filing, you generally must wait through a review period; if the standard 2-year deadline would otherwise expire during that wait, you get 6 months from the date the Claims Board mails its final decision to file suit. These claims are tried without a jury, before a judge alone

Neither of these deadlines runs on the same clock as the standard 4-year personal injury statute, so a crash involving any government vehicle or employee needs to be treated as urgent from the outset, not assumed to follow the ordinary timeline.

MVA Procedures & Police Involvement

At-the-scene duties: stop and exchange information, always

Under § 60-696, any crash causing any property damage at all, no dollar threshold required, triggers an immediate duty to stop and exchange information with the other party. If you strike an unattended vehicle or property, such as a parked car or a mailbox, you must leave a written note and notify law enforcement without unnecessary delay. This is distinct from, and stricter than, the reporting threshold discussed below; failing to meet this duty is itself a misdemeanor traffic offense, regardless of how minor the damage.

The official crash report: a separate, higher threshold

Filing an official report with the Nebraska Department of Transportation is governed by a different statute, § 60-699, with its own threshold. A report is required within 10 days if the crash results in injury, death, or $2,000 or more in apparent damage to any one person's property, including the reporting driver's own. If a peace officer investigated the crash and filed their own official report, you're exempt from filing your own. If the driver is physically unable to file, the vehicle's owner must do so within 10 days of learning of the crash.

Failing to report, or giving incorrect information on the report, is a Class V misdemeanor. A driver's own filed report is kept confidential and isn't open to public inspection, unlike an officer's report, which is. The report also can't be used as evidence of fault at trial; it's only admissible to prove that the reporting requirement was satisfied.

The easiest way to file is online through NDOT's crash reporting portal, which doesn't require printing or mailing anything if no officer investigated. A paper form can also be mailed to Highway Safety, Nebraska Department of Transportation, P.O. Box 94759, Lincoln, NE 68509-4759.

What happens after you call

If a peace officer responds and investigates, they complete the official Investigator's Motor Vehicle Crash Report themselves, which satisfies the reporting requirement on your behalf. If no officer responds and the $2,000/injury/death threshold is met, the burden falls on you to file the driver's report within 10 days.

If no officer comes to the scene

Exchange names, addresses, phone numbers, driver's license numbers, and insurance information with every driver involved, as required at the scene regardless of damage amount under § 60-696. Render reasonable assistance to anyone injured. Photograph the vehicles, the scene, and any visible injuries, and collect contact information for witnesses. Keep the reporting deadlines above in mind, and the shorter deadlines discussed in the Statute of Limitations section above if a government vehicle was involved.

How to get your crash report

An officer-investigated report costs $13 plus applicable tax and can be purchased online through NDOT's storefront, by mail, or in person at the Highway Safety Office. Reports are generally not available immediately; NDOT and multiple independent sources recommend waiting roughly 5 to 10 business days after the crash before requesting a copy, to allow time for processing. For a mailed request, call NDOT at (402) 479-4645 to confirm the correct tax amount before sending payment.

Compensation: Types & Limits

Economic damages

Nebraska imposes no cap on economic damages in an ordinary car accident claim. Medical bills, lost wages, future earning capacity, and property damage are fully recoverable, subject to proving them and to the 50% comparative fault bar discussed in the Fault section above.

Non-economic damages

Pain and suffering, emotional distress, and loss of enjoyment of life are also uncapped in an ordinary negligence claim against a private driver. Nebraska does cap non-economic damages specifically in medical malpractice cases, but that's a separate statutory framework and isn't relevant to an ordinary crash claim.

Punitive damages: not available at all

As discussed in the Fault section above, punitive damages are categorically barred under the Nebraska Constitution, regardless of how reckless the at-fault driver's conduct was. A drunk driving crash, even one resulting in a felony conviction, produces no punitive civil award in Nebraska; the criminal justice system is the only place that conduct is punished separately from compensating the victim.

Claims against government entities

As discussed in the Statute of Limitations section above, the framework depends on which level of government is involved.

• Political subdivisions (cities, counties): capped at $1,000,000 per person / $5,000,000 per occurrence for incidents after November 16, 1985, under § 13-926
• The state itself: no statutory damages cap at all; the State Tort Claims Act makes the state liable "in the same manner and to the same extent as a private individual," with no ceiling on compensatory damages. These claims are tried before a judge, without a jury

In both cases, no punitive damages are available, consistent with the constitutional bar discussed above.

Medical Coverage Considerations

No PIP means you rely on other coverage first

Nebraska is an at-fault state with no PIP requirement, discussed in the Insurance section above. There's no automatic, no-fault source of quick payment for your medical treatment after a crash. You, or your own health insurer, generally pay first, and you seek reimbursement from the at-fault driver's liability coverage once fault is established, a process that can take time.

Medical Payments (MedPay) coverage

MedPay is optional in Nebraska. It pays your medical expenses and your passengers' up to its limit, regardless of who caused the crash, and doesn't require a fault determination first. It's commonly used for a deductible, a copay, or early costs like an ambulance ride or ER visit while a liability claim is still being sorted out. As discussed in the Insurance section above, MedPay pays before UM/UIM, which is treated as coverage on top of it rather than a substitute.

Health insurance

If MedPay isn't available or has been exhausted, health insurance typically becomes the next payer for crash-related medical bills. Be aware that your health insurer may seek reimbursement from any settlement you later receive from the at-fault driver's insurer, a process known as subrogation. It's worth understanding this before settling a claim, since it affects how much of a settlement you actually keep.

The at-fault driver's liability insurance

Once fault is established, the at-fault driver's bodily injury coverage, discussed in the Insurance section above, is the main source of recovery for your medical expenses, subject to Nebraska's $25,000 per person minimum, which can be exhausted quickly in a serious crash.

Uninsured and underinsured motorist coverage

As discussed in the Insurance section above, both UM and UIM are mandatory in Nebraska, not merely advisable, a point worth repeating here since it changes the practical picture for medical costs specifically. If the at-fault driver has no insurance, your UM coverage is the next source of recovery. If they have some insurance but not enough, your UIM coverage fills the gap, up to your policy's limits, once other legally liable parties have paid what they owe. Given that a meaningful share of Nebraska drivers carry only minimum coverage or none at all, this mandatory coverage is a real, not theoretical, safety net for medical costs specifically. 

Unique Local Considerations

Severe winter weather

Nebraska winters bring snow, ice, and black ice that can turn roads hazardous with little visual warning, particularly on bridges, overpasses, and shaded rural stretches that freeze before the rest of the road. Freezing temperatures can also cause mechanical problems, so drivers should use appropriate tires, slow down, and carry an emergency kit for longer rural drives.

Flash flooding

Heavy rain, especially in low-lying areas, can produce flash flooding. Never drive through a flooded roadway; even water that looks shallow can sweep a vehicle away, and both depth and current are easy to misjudge.

Tornadoes and high winds

Nebraska sees frequent tornadoes and high winds in spring and summer, which can make highway driving genuinely dangerous with little warning. If a tornado warning is issued while driving, seek shelter immediately rather than trying to outdrive the storm.

Wildlife crossings and farm equipment

Rural Nebraska carries its own distinctive hazards. Deer-vehicle collisions rise sharply during the fall mating season, October through December, with deer most active at dawn and dusk; the standard advice applies here too: stay alert and avoid swerving if an animal appears, since a sudden swerve often causes worse injuries than the strike itself. Slow-moving farm equipment, often traveling under 25 mph, is a regular presence on Nebraska highways; pass only when it's genuinely safe to do so. Many rural roads are unpaved gravel or dirt, which becomes slippery after rain, so reduce speed and avoid sudden braking on these surfaces.

Urban versus rural driving risk

Omaha and Lincoln face the traffic congestion and distracted-driving patterns typical of any mid-sized metro area. Rural Nebraska carries a different risk profile: longer emergency response times, limited lighting, and fewer marked lanes, all of which raise the stakes of a nighttime crash specifically.

Construction zones

Nebraska sees heavy road construction activity in warmer months, bringing lane shifts, slowdowns, and reduced speed limits. Fines for traffic violations in active work zones are doubled, so treat posted work-zone signage as a real cost, not a suggestion.

Local Resources & Contacts

Nebraska Department of Motor Vehicles (DMV)
Handles driver licensing, vehicle registration, and the SR-22 reinstatement process discussed in the Insurance section above, including suspensions tied to a lapse in coverage.

• Website: dmv.nebraska.gov
• Insurance suspensions and SR-22: dmv.nebraska.gov/fr/sr-22-revocationssuspensions

Nebraska Department of Transportation (NDOT), Highway Safety Office
Manages the official crash reporting process discussed in the MVA Procedures section above, including the Driver's Motor Vehicle Crash Report and report-copy requests.

• Website: dot.nebraska.gov
• Online crash report filing: ecmndotportal.nebraska.gov/NDOT-CRASH-REPORTING5
• Report copy requests:
  • Report purchases and printing
  • Record search
• Phone: (402) 479-4645
• Mailing address: Highway Safety, Nebraska Department of Transportation, P.O. Box 94759, Lincoln, NE 68509-4759

Nebraska State Patrol (NSP)
Investigates serious and commercial-vehicle crashes and handles public records requests for officer-filed reports, as discussed in the MVA Procedures section above.

• Website: statepatrol.nebraska.gov

Nebraska Department of Insurance (DOI)
Regulates auto insurers and handles consumer complaints about denied, delayed, or unfairly handled claims, including disputes over MedPay or UM/UIM coverage discussed in the Insurance and Medical Coverage sections above.

• Website: doi.nebraska.gov

State Risk Manager, Department of Administrative Services
Where a written tort claim against the State of Nebraska itself, discussed in the Statute of Limitations section above, must be filed within 2 years under the State Tort Claims Act.

• Website: das.nebraska.gov/risk/state-claims.html

Your city or county clerk's office
Where a notice of claim against a political subdivision, discussed in the Statute of Limitations and Compensation sections above, is generally directed under the Political Subdivisions Tort Claims Act. The correct office varies depending on which local government is involved in your crash.

For accident laws in other states, visit our state-specific legal information page.