After being involved in a car accident there are many things that need to be handled. You will have a lot on your mind, and worrying about increases in your auto insurance rate shouldn’t be one of those things.
In Nebraska, so long as you are not at fault, your insurance company:
- Cannot raise your rates.
- Cannot refuse to renew your coverage (based on this accident).
Your insurance company is precluded from holding the accident against you.
After the accident you may have made claims for no-fault benefits, collision or comprehensive claims, or claims for an uninsured motorist. None of these claims can cause a rate increase, coverage denial, or otherwise be held against you.
The premiums you pay to the insurance company protect you against these types of losses.
How is Fault Determined?
There are a number of factors that help determine who is at fault, and ultimately who is liable in a car accident claim. Two common factors that are considered when determining who is at fault include violations of the rules of the road and the state of the drivers.
Established rights of way, speed limits, merging rules, and maintaining control of the vehicle are important rules of the road. A drivers who is found to have violated a Nebraska state law or an established rule of the road may be found at fault for the auto accident.
The state of the drivers is also considered when determining who is at fault. Driving while intoxicated, driving distracted, or driving in a reckless manner are all indicators that the driver was behaving in a negligent manner and caused the car accident.
Many other factors can contribute to a finding of fault. An experienced personal injury attorney help you navigate the determination of fault in your car accident case.
In cases for personal injury from car accidents, fault is determined either through negotiation during settlement discussions, or by a court through a trial process. Under Nebraska law, even if you are found to be partially at fault you can still recover for your injures. Nebraska operates under a type of comparative negligence, which means that up to a certain point, you will still be able to recover even if you contributed to your accident. If you are found to be less than 50% at fault for the accident, then you will still be able to pursue your claim against the other driver.
What should I do after a car accident?
The Nebraska Department of Vehicles (DMV) shares these general guidelines on what to do in the event of an accident in Nebraska.
Fortunately, the majority of auto accidents occurring in Nebraska result in property damage only. If you were in a car accident that resulted in only damage to your vehicle, then you can likely navigate the process of getting your car fixed without the assistance of an attorney.
In roughly 39% of Nebraska car accidents a person is injured, seriously injured, or killed. If you were injured in a car accident, then we urge you to seek the guidance of a personal injury attorney. To better understand how a personal injury attorney can help you, read our article Do I Need a Personal Injury Lawyer?
If you were involved in an auto accident in Nebraska that you suspect was caused by the other driver, call our office today (402)558-4900 to schedule a free consultation. Our compassionate staff is available to help answer your questions and begin the process of seeking justice in your car accident case. Read what our clients have to say about us here.
Miller Lathrop was voted Omaha Magazine’s Best of Omaha, as Top 100 Trial Lawyers by The National Trial Lawyers, The Best Lawyers in America, and attorney Matt Miller holds a 10 Superb top attorney Avvo Rating.