Car wrecks are common. But true car “accidents” are rare. Someone is usually at fault for causing the accident or collision. In Nebraska, car drivers must exercise reasonable care. Failure to use reasonable care is considered negligence. A person who negligently operates a car and causes an accident may be required to pay for the harm caused, including medical expenses, lost wages, inconvenience, and pain and suffering. Victims of car accidents can have their lives turned upside down. Medical bills pile up, and often the other driver’s insurance carrier will not be quick to pay them. Victims of car accidents can be forced to miss work. Serious car accident injuries can change your life forever.
After an accident, it is not always clear what steps to take to file a claim, and the insurance company will not always tell you what is in your best interests. Working with a Nebraska personal injury car accident attorney can best help you ensure that your rights are protected. Talk to a car accident lawyer in Nebraska at 402-261-4736 or toll free at 1-877-791-0029 for a free consultation.
Was the driver who hit you talking or texting on a cell phone?
Distracted driving is a major cause of car “accidents,” and Nebraska is no exception. Types of distractions include:
- Using a cell phone or smartphone
- Eating and drinking
- Reading, including maps
- Using a navigation system
- Watching a video
According to the U.S. Department of Transportation, “Distracted driving is a dangerous epidemic on America’s roadways. In 2009 alone, nearly 5,500 people were killed and 450,000 more were injured in distracted driving crashes. Text messaging creates a crash risk 23 times worse than driving while not distracted.” Read the U.S. Department of Transportation’s statistics on car accidents due to distracted driving.
If you or a loved one has been injured in a car accident in which the other driver was texting or talking on the phone, a car accident lawyer in Nebraska at Miller Grell Law Group is here to answer your questions. Call us at 402-261-4736 or toll free at 1-877-791-0029.
Drunk drivers have insurance too.
Tragically, drunk driving continues to be a problem in Nebraska and the rest of the country. Drunk drivers in Nebraska cause car accidents, injuries, and death. Many people believe that drunk drivers are only subject to criminal charges, but the truth is if you have been hurt or lost a loved one in a drunk driving car accident in Nebraska you can bring a personal injury lawsuit against the driver to recover monetary damages in civil court. Drunk drivers have insurance too, and just because they are criminally charged does not mean their insurance coverage is void.
However, evidence of drunk driving does not mean an automatic “win” for the injured party. The driver’s insurance company will still dispute the full nature and extent of your injuries and damages. That’s where we can help. Whether you or a family member was injured by a drunk driver, we understand the hardships you are facing, including the anger and lingering questions. Call us at 402-261-4736 or toll free at 1-877-791-0029 to speak to a personal injury car accident attorney in Nebraska.
Understanding Uninsured and Underinsured Motorist Coverage.
When you are involved in a car accident and the other driver is at fault, the first avenue in the pursuit of damages is a claim against the other driver and that driver’s liability insurance coverage. Nebraska drivers generally are required to carry a minimum level of car insurance coverage. Under Nebraska law, the minimum insurance required is $25,000 per person or $50,000 per accident.
Unfortunately, sometimes the driver who hit you doesn’t have insurance or doesn’t have enough insurance to pay for your damages. If you are injured in a car accident by an uninsured driver or underinsured motorist, you will have to look for other sources of compensation. In most cases, injured drivers find themselves in the position of filing claims against their own insurance company in order to recover their damages.
What if the driver that hit me doesn’t have insurance?
Despite the law, some drivers do not carry car insurance. If you are hit by a driver who doesn’t have car insurance, you may be able to bring a claim under your own car insurance—your own Uninsured Motorist/Underinsured Motorist (UM/UIM) policy. You are filing a claim against your own insurance company in this instance. Although you are their policyholder and customer, the company knows that it is your burden of proof to show the nature and extent of your injuries. Uninsured Motorists claims can arise under other unique circumstances as well, such as when the driver who hit you leaves the scene and cannot be identified. Such drivers are often called “phantom” drivers. And Nebraska law is very specific and particular on what must be shown in order to pursue an uninsured claim against a “phantom” driver. The car accident lawyers in Nebraska’s Miller Grell Law Group can help you pursue an uninsured motorist claim.
What if the driver that hit me doesn’t have enough insurance to cover my damages?
In many cases, the driver’s policy may be inadequate to fully cover your medical bills and losses. In other words, that driver is underinsured. If an underinsured driver hits you, you may have a claim against your own Uninsured Motorist/Underinsured Motorist (UM/UIM) policy. Frustratingly, even if you have UIM coverage, your insurance company may still refuse to pay the repairs, medical bills, and other expenses relating to your accident with the underinsured driver. You may also be able to make an Uninsured/Underinsured claim if you are injured in a car accident in Nebraska as a passenger. Nebraska law concerning a passenger’s right to recover for his or her damages can be complex.
If you have been injured in a car accident in Nebraska as a driver or a passenger, and if your insurance company has refused to provide you with the coverage you deserve, contact a Nebraska underinsured motorist attorney at Miller Grell Law Group at 402-261-4736 or toll free at 1-877-791-0029 for a free consultation.