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Omaha Uninsured/Underinsured Motorist Accident Attorneys
Exploring your compensation options after an accident
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Nebraska requires drivers to carry liability insurance. Unfortunately, some drivers don’t carry insurance at all or don’t carry enough to cover the victim’s losses. When an uninsured or underinsured driver gets into a wreck and the victim learns of the insurance issue, they may worry about how their injuries will be covered.
The good news is that you do have options, even in a case like this. The most important step is to retain experienced legal counsel. The right attorney can help you seek monetary damages to pay for your medical bills, missed time from work, and other losses. Trust the experienced guidance of Inserra Kelley Cooper Sewell for your Omaha injury needs.
How We Can Help
- Inserra Kelley Cooper Sewell is a trusted advocate for Omaha victims
- What is uninsured/
underinsured motorist coverage? - When can you file an uninsured/
underinsured claim in Omaha? - The role of third-party injury claims in Omaha UM/
UIM cases - Steps we take to help Omaha victims of uninsured and underinsured motorist accidents
- Omaha uninsured/
underinsured motorist accident frequently asked questions - Is there an Omaha uninsured/
underinsured motorist accident lawyer near me?
Inserra Kelley Cooper Sewell is a trusted advocate for Omaha victims
Getting into a car accident with someone is bad enough. Learning that the driver has no insurance or doesn't have enough insurance can add stress and confusion to an already difficult situation. You may not know who you can turn to for the damages that you need to recover. That’s where Inserra Kelley Cooper Sewell comes in.
We understand the anxiety you are facing as medical bills pile up and you miss time from work. Your future can appear uncertain, which is why we’re ready to provide skilled counsel. We are advocates for Omaha vehicle accident victims. When you hire us to represent you, we can commit to:
- Investigating the cause of the accident and who was responsible for it
- Obtaining relevant evidence concerning the cause of the accident
- Determining the driver’s insurance coverage or lack of insurance
- Helping you take advantage of your uninsured/underinsured motorist coverage
- Explaining what your alternative coverage options may be
- Assisting with your insurance claim and filing a lawsuit as appropriate
- Settling your lawsuit or taking it to trial if necessary
We are dedicated personal injury attorneys who understand the real consequences of accidents and how to recover damages for our clients. To learn more about our approach to representing the victims of uninsured and underinsured motorist accidents, take a look at some of our past results.
What is uninsured/underinsured motorist coverage?
In Nebraska, uninsured motorist (UM) and underinsured motorist (UIM) claims are governed by the Uninsured and Underinsured Motorist Insurance Coverage Act, at Nebraska Revised Statute §§ 44-6401, et seq. UM and UIM claims are also governed by the contractual terms of a claimant’s UM/UIM insurance policy. The definition of an “uninsured motorist” is set out in section 44-6405, and the definition of an “underinsured motorist” is set out in section 44-6406. The Act also sets out several specific procedures that UM and UIM claimants must follow to preserve their claims. For example, section 44-6412 expressly requires underinsured motorist claimants to provide statutory notice and other detailed information to preserve a UIM claim against the insurance company. At Inserra Kelley Cooper Sewell, we have more than 65 years of experience guiding our clients through this complex statutory process.
According to the Insurance Information Institute, in 2023, an estimated 9.5% of Nebraska motorists were uninsured. Uninsured/underinsured motorist coverage, known respectively as UM/UIM, is designed to protect car accident victims when the at-fault drivers either have no automobile liability insurance or do not have enough coverage to pay for the victim’s losses.
The required minimum coverage amounts in Nebraska are:
- Bodily injury: $25,000 per person/$50,000 per accident
- Property damage: $25,000 for property damage
Nebraska also generally requires automobile liability insurance policies to include UM and UIM coverage of at least $25,000 per person and $50,000 per accident. This coverage pays for bodily injury by compensating accident victims for such losses as:
- Medical bills resulting from the accident
- Lost wages or income
- Reduced future earning capacity
- Non-economic losses like pain and suffering, disfigurement, and permanent impairment
When can you file an uninsured/underinsured claim in Omaha?
There are a number of situations in which a victim may be able to file a UM/UIM claim with their own insurer after an accident. First and most obviously, when the at-fault driver either has no insurance or does not have enough insurance to pay for the victim’s losses.
Say, for example, the at-fault driver’s insurance pays up to its policy limits, but the victim still has damages that have not been compensated. It may be possible for the victim to pursue this additional coverage through their own underinsured motorist policy, subject to policy limits and Nebraska law.
Another key use of this insurance is for hit-and-run accidents. If the at-fault driver flees and cannot be located, they may be treated as an uninsured motorist if Nebraska’s statutory requirements are met. This allows the victim to receive benefits through their own insurer. There are other situations when UM/UIM may be available, like if the at-fault driver’s insurance denies coverage or becomes insolvent within the period specified by Nebraska law.
Steps we take to help Omaha victims of uninsured and underinsured motorist accidents
The last thing you wanted was to be in an accident, especially with an uninsured or underinsured driver. Our goal is to help you cover your losses so you can get back to your life as soon as possible. These are the basic steps we take to help victims:
- Review the victim’s UM/UIM coverage: We can take a look at your insurance policy to determine what your UM/UIM coverage pays for.
- Investigate the accident: This is still a necessary step, even if it’s determined that the other driver is at fault, since there may be other parties who are liable.
- Document your damages: We take the time to determine what your current losses (e.g., medical bills) are and what your future damages are likely to be.
- Help file and pursue your claim: Our firm can assist with the timely filing of your claim and communicate with the insurers to facilitate processing and payment.
- Take legal action: This may include filing a lawsuit against your own insurer if it engages in bad faith.
- Protect your rights: Nebraska has comparative negligence rules that reduce a victim’s compensation if they are partially responsible for a crash. We work where possible to refute claims that our clients are partially liable so we can protect their damages.
Omaha uninsured/underinsured motorist accident frequently asked questions
What does UM/UIM pay for?
Uninsured and underinsured motorist coverage pays for victims’ medical bills, lost income, and other damages when the at-fault driver either has no insurance or does not have enough insurance to pay for the victim’s losses. The exact amount of recovery will depend on whether and to what extent the at-fault party’s insurance will pay and other factors.
Importantly, UM/UIM does not automatically pay the full amount of the victim’s losses. The actual amount that is available depends on applicable policy coverage limits and other factors. The victim may also be able to recover damages from third parties like those mentioned above.
What if my UM/UIM insurance provider disputes fault?
Can I sue the driver directly?
Is there an Omaha uninsured/underinsured motorist accident lawyer near me?
Were you or a loved one involved in an Omaha motor vehicle accident with an uninsured or underinsured driver? If so, it’s time to get in touch with Inserra Kelley Cooper Sewell. Our address is 6790 Grover St, Ste 200, Omaha, NE 68106. Some of the local points of interest include the University of Nebraska Omaha (UNO), Baxter Arena, Aksarben Village, and Pipal Park. We also serve victims in the following areas:
- West Albright/Bonfield
- Robin Hill
- Aksarben-Elmwood Park
- Westgate
- Morton Meadows
- Hanscom Park
- Aksarben Village
- College of Saint Mary area
- Ralston
To reach our office by car, you will probably take Interstate 80 or a local road like S. 72nd Street. Parking is available in proximity to our office, and we can assist you with finding it. For prospective clients traveling by bus, you may take Metro Transit. Contact us to schedule a free, confidential case review.
Contact our Omaha uninsured/underinsured motorist accident attorneys
Don’t let an uninsured or underinsured motorist accident cause you a major financial or personal setback. The time to protect your legal rights and interests is now. With Inserra Kelley Cooper Sewell by your side, you can confidently make the case for fair monetary compensation. Connect with us now to get started on your accident claim.