Teen Self-Extricates After Rollover Hit-and-Run on N 98th St Near Lincoln, NE

Being injured by an uninsured driver or a hit-and-run driver in Nebraska can feel like you have been left with no options. In reality, Nebraska law and your own auto insurance policy may provide pathways to compensation that many injured drivers do not know they have available. An attorney can identify every available source of recovery and guide you through the process of using it. Read on to learn what options may be available after an uninsured motorist or hit-and-run crash in Omaha. Nebraska's Uninsured Motorist Coverage Requirements Nebraska law under Neb. Rev. Stat. § 44-6408 requires auto insurance policies issued in Nebraska to include uninsured motorist coverage, and this coverage cannot be rejected. Uninsured motorist coverage, commonly called UM coverage, pays compensation to you when a driver who caused your injuries has no liability insurance. It also applies in many hit-and-run situations, though the specific application depends on Neb. Rev. Stat. § 44-6405 and the terms of your individual policy, and should be confirmed with an attorney. Underinsured motorist coverage, called UIM coverage, is a related protection that applies when the at-fault driver does have insurance, but that insurance is insufficient to fully compensate you for your injuries. Nebraska insurers must also include UIM coverage, which cannot be waived, though policyholders may decline limits above the $25,000 per person and $50,000 per accident minimum. If you were seriously injured by a driver who carried only minimum liability limits, your UIM coverage may bridge the gap. How Uninsured Motorist Claims Work in Nebraska When you file an uninsured motorist claim in Nebraska, you are not suing a stranger. You are making a claim against your own insurance policy for coverage you paid for. The claim process involves notifying your insurer of the accident promptly, cooperating with their investigation, and providing documentation of your injuries and losses. Under Neb. Rev. Stat. §§ 44-6412 and 44-6413, settling with the at-fault driver without first giving your insurer notice can eliminate your coverage. Your insurer, despite being your own carrier, has an interest in minimizing what it pays on a UM claim. It may conduct its own investigation, use its own medical reviewers to assess your treatment, and make a settlement offer that may not reflect the full value of your damages. You have the right to negotiate that offer, and if your policy contains an arbitration provision, you may have the right to arbitrate a dispute over the amount. An attorney who handles uninsured motorist claims in Nebraska can advocate for the full value of your claim even though the opposing party is your own insurer. Hit-and-Run Accidents in Nebraska: Special Considerations Hit-and-run accidents present unique challenges because the at-fault driver is unknown and cannot be identified, located, or served with a lawsuit. In the Omaha area, hit-and-run crashes are reported along heavily traveled corridors such as North 72nd Street, Ames Avenue, and South 24th Street, as well as on Interstate 80 and Interstate 680. Whether your UM coverage applies to a hit-and-run is governed by Neb. Rev. Stat. § 44-6405, not policy language alone. Nebraska law covers the claim when the unidentified vehicle made actual physical contact with you or the vehicle you occupied. If your vehicle was forced off the road without physical contact, coverage still applies, but only if the crash was reported to law enforcement as required by law and the facts can be corroborated by an independent, disinterested witness who was not riding in your vehicle. That witness requirement is strict, and an attorney can review your situation and advise on your options. Even when UM coverage applies to a hit-and-run, you will generally need to report the accident to police promptly and cooperate fully with any law enforcement investigation to support the claim. An Omaha Police Department or Nebraska State Patrol report documenting the hit-and-run is typically required by the insurer as part of the claim process. Disputes over UM claim denials may ultimately be resolved through arbitration or Douglas County District Court litigation. Documenting Your Damages in an Uninsured Motorist Claim The documentation required for a UM or UIM claim is the same as for any car accident injury claim, because you are still required to prove the nature and extent of your injuries and losses, even though you are making the claim against your own insurer. Medical records from every treating provider, bills, evidence of lost wages, and documentation of other out-of-pocket expenses all support the claim. Missing the limitations period on the underlying claim can defeat the UM or UIM claim along with it. If you sustained significant injuries, including brai n inju ries , back injuries, or any injury requiring surgery or extended treatment, retaining a car accident attorney in Omaha before dealing with your insurer is advisable. The amount of compensation available under your UM or UIM policy is limited by the policy limits you selected when you purchased coverage. An attorney can also assess whether any other sources of compensation exist, such as a claim under Neb. Rev. Stat. § 53-404 if the driver was an intoxicated minor, or a claim against a property owner if a road hazard contributed to the crash. What to Do Immediately After a Hit-and-Run or Uninsured Driver Crash Call 911 and wait for the police to arrive. Do not chase the hit-and-run driver. Document the scene by photographing your vehicle, the road, and any debris. If any witnesses saw the crash, get their contact information before they leave, since an independent witness may be required for a no-contact hit-and-run claim. Note the time, location, weather conditions, and any details you can recall about the other vehicle. Seek medical attention on the same day if at all possible. Your insurer may later argue that any gap in treatment suggests your injuries were not as serious as you claim or that they were caused by something other than the crash. A same-day or next-day medical record ties your injuries to the date and circumstances of the crash. Notify your own insurer of the accident as required by your policy. Failure to provide timely notice, or settling with another party without following § 44-6412, can create grounds for the insurer to dispute or deny your UM claim. An attorney can advise you on how to provide that notice in a way that protects your claim. FAQ: Uninsured Driver and Hit-and-Run Claims in Nebraska Does Nebraska require uninsured motorist coverage? Yes. Nebraska law requires insurers to include UM coverage in auto policies unless the insured expressly waives it in writing under Neb. Rev. Stat. § 44-6408. Can I file a UM claim if the other driver was never found? In many cases, yes, if your policy's hit-and-run provisions apply. Whether coverage exists for your specific situation depends on your policy language, including any physical contact requirement. Coverage varies by policy. What if my UM coverage limits are not enough to cover all my losses? You are generally limited to your policy's UM limits. An attorney can look for other sources of potential recovery, such as UIM coverage under additional policies or claims against other responsible parties. Does a UM claim affect my own insurance rates? Under Nebraska law, an insurer generally may not non-renew a policy solely because of a UM claim. Whether your rates change depends on your insurer and policy terms. An attorney can advise on what to expect. What if I have multiple auto insurance policies? Multiple policies may be available for stacking in some circumstances. Nebraska rules on stacking are policy-specific. An attorney can review all applicable policies and advise on the available coverage. What is the deadline to make a UM claim in Nebraska? Your policy sets its own notice deadlines, and missing them can jeopardize your claim. Beyond that, UM/UIM claims are generally subject to Nebraska's five-year contract statute of limitations (§ 25-205) rather than the four-year tort deadline (§ 25-207), but the two are connected under § 44-6413, so contact an attorney promptly rather than relying on any single deadline. Can I sue an uninsured driver directly? Yes. Filing a UM claim with your own insurer does not prevent you from also pursuing the at-fault uninsured driver directly. Whether that driver has assets to satisfy a judgment is a practical consideration your attorney can assess. Speak With a Nebraska Personal Injury Attorney If you were hit by an uninsured driver or were the victim of a hit-and-run in Omaha, Bellevue, Papillion, or anywhere in the Nebraska metro area, contact Harris & Associates, P.C., L.L.O. at (402) 397-1202 for a free consultation with a car accident attorney in Omaha . Last reviewed: August 2026 This post was reviewed by James E. Harris, licensed in Nebraska since 1986. This blog post is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. If you have been injured, contact a licensed Nebraska attorney to discuss your specific situation.