Omaha Uninsured Motorist Claim Attorneys
With a few exceptions, proof of financial responsibility (usually a certificate of insurance) is required by law for all registered vehicles in Nebraska. The exceptions include boats, snowmobiles, and campers on the backs of trucks. Otherwise, the minimum liability insurance coverage requirements in this state are:
- $25,000 per person for bodily injury
- $50,000 total bodily injury per accident if more than one person is hurt
- $25,000 for property damage
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In spite of the law, some drivers let their liability insurance policies expire and continue to operate their vehicles with no insurance. Unfortunately, these negligent drivers sometimes cause accidents, in which case they have no insurance to cover the injured party’s damages. In other cases, at-fault drivers may only have the minimum available coverage, which may not be enough to cover the costs of a victim’s medical bills and expenses.
If you have been injured in an accident with an uninsured or underinsured motorist, contact Bottlinger Law L.L.C. by calling (402) 505-8234. We handle all types of car collisions, including uninsured/underinsured motorist claims. There are often options available to recover compensation for your injuries and other damages.
As part of the state of Nebraska’s insurance laws, all drivers are required to have a minimum liability insurance policy and uninsured/underinsured (UM/UIM) motorist coverage. This means that so long as you have a minimum insurance policy, you likely have UM/UIM coverage to file against if you are in a collision with a driver who has no insurance or who does not have enough insurance to cover your losses.
These insurance policies can provide a valuable source of compensation for injured victims, including pedestrians and cyclists who have auto insurance policies. Even if you are struck by a car while walking your dog, these policies can come into play and help pay for your medical bills and other expenses. However, the scenarios where you may file against these policies do vary.
UM coverage applies to any situation where a driver does not have insurance, including if they never insured their vehicle or when their insurance has lapsed. However, it can also come into play when you cannot identify a driver’s insurance policy to cover your injuries, such as a hit and run accident. That means that if you are struck by a driver who fled the scene, whether as a driver, pedestrian, or cyclist, you do have options for receiving compensation.
In contrast, UIM coverage is designed for catastrophic events where you need extensive medical treatment, such as for a:
Because of how costly these events are, the minimum coverage of $25,000 is often only a drop in the bucket compared to the extensive medical bills you will need in the future. That is why, after a devastating collision, you are fully within your rights to file against the at-fault driver’s policy limit and your own UIM coverage.
Sadly, pursuing a claim against your own insurance policy is just as frustrating as dealing with another driver’s insurance company. Because you are effectively making your insurance company the adverse party in the claim, they will be unwilling to pay you proper compensation at first. Even though you pay for these policies and are covered under them, insurance companies may be reluctant to pay out proceeds, claiming, for example, that:
- You failed to follow a procedural requirement;
- You were at-fault for the crash;
- The injury was not caused by the motor vehicle accident;
- The medical treatment received was not reasonable or necessary.
Insurance companies may also delay in providing proper coverage or compensation, require unnecessary paperwork, or try to reject your claim altogether. This is considered bad faith insurance and is illegal in the state of Nebraska. In such a case, it can make all the difference to have an attorney representing you who is well-versed in the law and has extensive experience dealing with insurance companies.
The most devastating scenario after an accident is learning that the at-fault driver did not have insurance. Many victims may feel as though they have no way to cover property damage, medical expenses, lost wages, and pain and suffering—and you deserve to be compensated for these losses. In addition to your UM coverage, you also do have other options to cover your losses, which include:
Civil Lawsuit Against the At-Fault Driver
If an uninsured motorist caused your injuries, you have the option under the law to file a civil lawsuit to recover damages from the at-fault driver’s assets. The problem with this approach is that drivers who neglect to carry liability insurance as required by law often have no recoverable assets with which to reimburse the injured party.
Even the most basic health insurance coverage will have an out-of-pocket limit that can come into play for a serious vehicle collision. When you go to the ER or see your physician regarding a car accident injury, you will want to have them charge your health insurance policy first before involving any auto insurance coverage policies. This is because health insurance policies often have more discounts on treatment, meaning your bills will be relatively lower. You will want to keep all bills, invoices, and receipts to include in your list of damages when it comes time to file a claim against your UM policy, as well as any Med Pay policy you may have.
Med Pay Coverage
If you have medical payments coverage on your auto insurance policy, this may be another option for pursuing compensation after a traffic crash caused by an uninsured motorist. This coverage may apply to any medical expenses resulting from an automobile wreck, no matter who was at fault. While Med Pay often doesn’t have the same levels of compensation as a liability policy, it is still a useful tool to cover some of your medical expenses during the claims process.
Dealing with insurance companies after a crash can be a stressful and frustrating experience when all you want to do is focus on recovering and getting back to your daily life. This goes double for when you have to deal with your own insurance company, which may be just as resistant to providing coverage for your injuries. In both crashes involving uninsured and underinsured drivers, you will want to have an attorney at your side to advocate for your right to compensation.
When you work with Bottlinger Law L.L.C., our legal team will shoulder the entire burden of dealing with insurance companies, collecting evidence, and researching the crash. In many cases, clients are not aware of various options they have for covering the cost of a collision, and we can fully explain every source of compensation available to them. We also offer every potential client a free consultation and we do not accept a dime unless we win your case, so there is no cost to contacting us.
If you have been injured in a crash caused by an uninsured or underinsured driver, it is in your best interest to speak with an Omaha car collision attorney as soon as possible. You are likely dealing with the high cost of medical treatment, property damage, and time away from work to recover from your injuries, as well as pain and suffering. You have the right to seek full compensation for your losses. At Bottlinger Law L.L.C., we work with you to get the compensation you deserve. Contact us at (402) 505-8234 to schedule a free consultation.
- Dealing with Uninsured/Underinsured Accidents
- What Should You Do After a Car Accident?
- NE DMV: Insurance Requirements
- Protecting Yourself against Uninsured Motorists
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