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Injured by an Uninsured Driver in Omaha? How Uninsured Motorist Claims Work

By Jason Bottlinger on September 18, 2026

Getting injured in a car accident is very stressful. The situation can become even more nerve-wracking when you discover that the person who caused your injuries has no insurance. In this situation, you may be left wondering who will pay for your medical expenses, lost income, and other losses. Fortunately, you still have options to pursue.

Nebraska requires motor vehicle liability policies to provide uninsured and underinsured motorist protection at statutory minimum limits. This coverage can allow an injured person to pursue compensation when the responsible driver has no insurance or does not have enough coverage.

If an uninsured driver injured you, your own policy or another applicable policy may provide important protection. But filing an uninsured motorist claim can be complicated because you still need to establish your right to compensation and the extent of your damages.

Jason Bottlinger is an experienced Omaha uninsured motorist accident lawyer. Bottlinger Law L.L.C. can review the policy and accident circumstances to determine which coverage applies.

What Is Uninsured Motorist Coverage?

Uninsured motorist coverage, commonly called UM coverage, protects insured people who are legally entitled to recover compensatory damages for bodily injury, sickness, disease, or death from the owner or operator of an uninsured motor vehicle.

Under Nebraska law, qualifying motor vehicle liability policies must provide at least $25,000 per person and $50,000 per accident in uninsured motorist bodily injury coverage. The law also requires underinsured motorist coverage at the same minimum limits. Policyholders may request higher limits, subject to statutory provisions and the insurer’s rating rules.

The practical result is important: after a car accident with uninsured driver, you may be able to make a claim for covered losses even though the responsible motorist cannot provide liability insurance.

When Does Uninsured Motorist Coverage Apply?

UM claims are not limited to a traditional two-car collision where one driver admits they have no insurance. Depending on the policy and circumstances, uninsured motorist issues can arise in several situations.

Drivers With No Liability Insurance

The clearest example is a driver who causes an accident but has no applicable liability insurance. Instead of relying solely on the at-fault motorist’s personal assets, an injured person may pursue applicable UM benefits.

Hit-and-Run Accidents

A driver may flee before exchanging insurance or identifying information. Nebraska law requires a driver who is involved in an accident that causes injury or death to stop, provide identifying information, and render reasonable assistance to injured people. When the responsible motorist cannot be identified after a hit-and-run, insurance coverage questions should be examined promptly.

Phantom Vehicle Accidents

The term phantom vehicle is commonly used to describe an unidentified vehicle that causes an accident without necessarily making contact. For example, another driver might dangerously enter your lane and force you off the roadway before disappearing.

These cases can be particularly difficult because the insurance company may dispute whether another vehicle actually caused the crash. Independent witnesses, dashcam footage, surveillance recordings, physical evidence, and prompt reporting may become especially important.

Motorcycle Accidents

Motorcyclists injured because of an uninsured driver may also need to investigate available UM coverage. Because motorcycle accidents can result in significant injuries, identifying all potentially applicable policies can be critical.

Pedestrians and Bicyclists

An uninsured motorist claim is not necessarily limited to someone occupying a car. Whether coverage applies to a pedestrian or bicyclist depends on the circumstances and applicable policy, making a careful coverage review important.

Injured Passengers

Passengers can also have UM rights after an accident involving an uninsured driver. Nebraska law restricts policies subject to its UM/UIM act from defining “insured” in a way that excludes someone occupying the insured vehicle with an insured’s express or implied permission. Questions about which policy pays first can arise when more than one source of coverage potentially applies.

What Compensation Is Available?

The amount available depends on the injuries, evidence, policy terms, coverage limits, and other circumstances. Nebraska’s UM statute addresses compensatory damages for bodily injury, sickness, disease, or death that an insured is legally entitled to recover from the uninsured motorist.

Depending on the case, recoverable damages may account for losses such as:

• Medical expenses associated with accident injuries
• Lost wages and reduced earning capacity
• Physical pain and suffering
• Other compensable consequences of bodily injuries
• Damages associated with a death when legally available

An auto accident attorney can assess the evidence supporting each category rather than evaluating a claim based only on the bills accumulated immediately after the collision.

How a Lawyer Can Help

Having legal representation can help protect your rights throughout the claims process. Your attorney can handle the legal and insurance issues while you focus on recovering from your injuries and moving forward after the accident.

Your lawyer can help by:

• Reviewing your auto insurance policy and available uninsured motorist coverage
• Gathering evidence to establish fault and support your claim
• Documenting medical expenses, lost income, property damage, and other losses
• Handling communications and negotiations with your insurance company
• Addressing disputes involving coverage or the value of your claim
• Monitoring deadlines and completing necessary paperwork
• Explaining your options if the insurance company does not offer fair compensation
• Pursuing further legal action when appropriate

Talk to an Omaha Uninsured Motorist Accident Lawyer

Jason Bottlinger can evaluate the accident, review available insurance coverage, and help you understand your options after a collision with an uninsured or underinsured motorist.

Jason is a member of the Multi-Million Dollar Advocates Forum, and he has been named a Top 100 Lawyer by The National Trial Lawyers. Bottlinger Law L.L.C. maintains an A+ rating with the Better Business Bureau.

To find out how we can help, call (402) 505-8234 for a free consultation.

Frequently Asked Questions About Accident Involving Uninsured Drivers

What happens if the driver who caused my Omaha accident has no insurance?

You may still have options for compensation through applicable uninsured motorist coverage. UM coverage can help compensate an insured person for covered bodily injury damages when the at-fault driver has no applicable liability insurance.

What is the difference between uninsured and underinsured motorist coverage?

Uninsured motorist (UM) coverage generally applies when the responsible driver has no applicable liability insurance. Underinsured motorist (UIM) coverage may apply when the at-fault driver has insurance, but the available coverage is insufficient to compensate you fully for covered losses.

Does uninsured motorist coverage apply to hit-and-run accidents?

Yes. Under Nebraska law, a hit-and-run driver is treated as an uninsured motorist.