Car insurance claim rules in Nebraska

The clock on a Nebraska claim

Title 210, chapter 60 of the Nebraska Administrative Code sets claim standards for property and casualty insurers, including auto. The rule defines "days" as working days, so weekends and holidays don't count.

A denial must be in writing and name the policy provision it relies on. Keep copies of what you send and when. If the deadlines pass, our page on claims that drag on lays out the next steps.

Auto claim rules worth knowing

Section 009 of the same rule adds standards for auto losses:

• No long trips: an insurer can't require you to travel an unreasonable distance to inspect a replacement car, get an estimate or have repairs done at a specific shop.
• Your deductible: the insurer must include it in its demand against the at-fault driver's insurer unless you ask otherwise, and share what it recovers; see subrogation and your deductible.
• Deductions explained: any reduction for betterment or depreciation must be measurable, itemized and stated in dollars in the claim file.
• Its own shop: when the insurer picks the shop, it must restore the car to its condition before the loss within a reasonable time, at no extra cost beyond the policy terms.
• Towing and storage: unless it named a towing company in advance, the insurer must pay reasonable towing charges, and it must give reasonable notice before it stops paying storage.

When a Nebraska car is a total loss

Section 60-171 of the Nebraska statutes defines a salvage vehicle as a late-model vehicle whose estimated cost to repair meets or exceeds 75% of its retail value at the time of the damage. A late-model vehicle is one whose model year is the year of the damage or any of the six years before it, or one whose retail value is above a dollar amount set in the statute. An owner can also choose a salvage brand for any car.

The 75% line decides the title brand; an insurer can still total an older or cheaper car by its own formula. What the settlement should include is in total loss claims, and the total loss check applies the Nebraska line to your numbers.

Reporting a Nebraska crash

After a crash with an injury or a death, section 60-697 requires you to stop, give your name, address and plate number, show your license and help anyone injured. Call 911. After a crash that damages property, section 60-696 requires you to stop and give your details to the owner. If you hit an unattended car or other property, you must leave a note and report the crash without unnecessary delay to a peace officer.

Section 60-699 adds a driver's own report to the Nebraska Department of Transportation within 10 days of a crash with an injury, a death or apparent property damage of $2,000 or more. It has two parts: the crash details and proof that your liability insurance meets the state's requirement. You don't file it if a peace officer investigated the crash.

Fault and who pays

Nebraska is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the damage and injuries they caused. Under section 25-21,185.09, you recover nothing if your negligence was equal to or greater than the total negligence of everyone you sue, so at 50% you are barred. Below that, your damages drop by your share.

Deadlines to sue and where to complain

Section 25-207 gives four years to sue for injury to your rights not arising from a contract, which covers crash injuries, and for injuring personal property such as your car. Your policy may set its own time limits.

1. Ask the insurer in writing for its decision, the reasons, and the policy language behind them.
2. Call the Nebraska Department of Insurance Insurance Complaint Hotline at 877-564-7323 (in-state only); TDD 800-833-7352.
3. File a complaint online with the department; our guide to insurance department complaints shows what to include.

Questions people ask