Car Accident Claims in Nebraska

A driver who hits an unattended vehicle or other unattended property must leave a written note with their information and must also report the collision to a peace officer, by phone or otherwise, without unnecessary delay. The statutes we reviewed do not set a separate general rule requiring a driver to call police after every injury crash; drivers in injury or death crashes must stop, exchange information and help the injured (see leaving the scene).

If a crash causes injury or death, or apparent damage to any one person's property (including the driver's own) of $2,000 or more, the driver must send a crash report to the Nebraska Department of Transportation within 10 days — unless a peace officer investigated the crash. If the driver is physically unable, the vehicle owner must report within 10 days of learning of the crash. The report has two parts: Part I (crash details, Department of Transportation form) and Part II (insurance information, Department of Motor Vehicles form).

In a crash causing property damage, the driver must stop immediately and give their name, address, phone number and driver's license number to the property owner or the other driver/occupants; for an unattended vehicle or property, leave a written note and report to a peace officer. Violating this is a Class II misdemeanor (Class I misdemeanor with a prior conviction in the last 12 years), and the court may bar driving for up to one year. In a crash causing injury or death, the driver must stop, identify everyone involved, give name, address, plate number and show their license, and give reasonable help to anyone injured, including taking them for medical treatment if needed. Failing to stop after an injury crash is a Class IIIA felony; if the crash caused serious bodily injury or death, it is a Class III felony. The court must also bar driving and revoke the license for 1 to 15 years.

An owner may not allow a vehicle to be operated on a public highway without a current automobile liability policy or proof of financial responsibility. A qualifying policy must cover at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage.

Modified comparative negligence (50% bar). The injured person's contributory negligence reduces damages proportionately but does not bar recovery, unless it is equal to or greater than the total negligence of all persons being sued, in which case recovery is completely barred. The jury must be told the effect of its allocation.

Four years for an action for injury to the rights of the plaintiff not arising on contract and not otherwise listed, which covers most negligence personal injury claims.

Four years for taking, detaining or injuring personal property.