Hit by an Uninsured Driver in Omaha: Your Rights and Next Steps

Call 911 and get a police report. When you discover the other driver has no insurance, the police report becomes even more critical — it documents the at-fault driver's identity, license plate, and the fact that they could not produce proof of insurance. Without this documentation, your UM insurer will have difficulty verifying the claim.

Collect every piece of information you can about the uninsured driver: full name, address, phone number, driver's license number, license plate number, and vehicle make, model, and year. Photograph their driver's license and license plate. If they resist providing information or threaten to leave, the police officer at the scene can compel identification. Do not let the driver leave without being documented by police.

Photograph both vehicles, the scene, and your injuries just as you would in any crash. Get witness names and contact information. Then take the additional step of calling your own insurance company as soon as possible — ideally the same day. Your UM claim is filed with your own insurer, not the other driver's (since they have none). Your policy may require prompt notification, and delayed reporting can complicate your claim.

Uninsured motorist (UM) coverage is mandatory in Nebraska under Neb. Rev. Stat. § 44-6408. Every auto insurance policy sold in the state must include UM coverage at minimum limits of $25,000 per person and $50,000 per accident for bodily injury. You may have elected higher UM limits when you purchased your policy — check your declarations page to know your coverage amount.

UM coverage pays for your injuries, medical expenses, lost wages, pain and suffering, and other damages when the at-fault driver has no liability insurance. It essentially substitutes for the liability coverage the at-fault driver should have carried. You must still prove the uninsured driver was at fault for the crash — your UM insurer will investigate fault just as the other driver's insurer would.

A common misconception is that UM coverage is a favor your insurer is doing you. It is not. You paid premiums for this coverage, and your insurer has a contractual obligation to pay valid claims up to your policy limits. Nebraska law prohibits insurers from acting in bad faith toward their own policyholders. If your insurer unreasonably delays, denies, or underpays your UM claim, you may have a bad faith claim in addition to your injury claim.

Underinsured motorist (UIM) coverage is also mandatory in Nebraska at the same minimums as UM coverage (Neb. Rev. Stat. § 44-6408). UIM coverage applies when the at-fault driver has insurance, but their policy limits are not enough to cover your damages. For example, if the at-fault driver carries only the $25,000 per person minimum and your medical bills alone total $80,000, your UIM coverage can fill the gap up to your own policy limits.

Nebraska minimum liability insurance is $25,000 per person, $50,000 per accident, and $25,000 for property damage (Neb. Rev. Stat. § 60-3,122). Many Nebraska drivers carry only these minimums. For serious injuries — surgery, hospitalization, extended rehabilitation — these limits are often inadequate. UIM coverage is the difference between recovering $25,000 and recovering the full value of your damages.

The UIM claim process works similarly to a UM claim. You file with your own insurer, prove the other driver was at fault, and demonstrate that your damages exceed the other driver's policy limits. You typically must exhaust the at-fault driver's liability limits first — meaning you accept their full policy payout — before your UIM coverage kicks in. Coordinate this process carefully, as settling with the at-fault driver's insurer without your own insurer's consent can jeopardize your UIM claim.

Filing a UM claim is different from filing a third-party claim against someone else's insurer. You are making a claim under your own policy, with your own insurance company. Notify your insurer immediately after the crash — your policy likely requires prompt notification, and some policies have specific reporting windows. Provide the police report, the uninsured driver's information, and your initial medical documentation.

Your insurer will assign an adjuster to investigate the claim. The adjuster will evaluate fault, review your medical records, and assess your damages. Remember that even though this is your own insurer, the adjuster's job is still to evaluate the claim's value — and insurers have a financial incentive to minimize payouts. Document your injuries thoroughly, follow your treatment plan, and do not accept a settlement before you understand the full extent of your damages.

If your insurer disputes fault, delays the claim, or offers a settlement you believe is too low, you have options. Nebraska's UM statute includes provisions for resolving disputes. Many UM policies include an arbitration clause for disagreements over coverage or damages. If your insurer is acting in bad faith — unreasonably denying, delaying, or underpaying your claim — Nebraska law allows you to pursue additional damages beyond the policy limits.

Yes. You have the legal right to file a civil lawsuit against the uninsured driver for the damages they caused. Nebraska's 4-year statute of limitations (Neb. Rev. Stat. § 25-207) gives you time to file. If you win, the court enters a judgment against the driver for the amount of your damages.

The practical challenge is collection. Drivers who do not carry insurance often lack the financial assets to pay a judgment. You may be able to garnish wages, place liens on property, or pursue other collection methods — but if the driver has no income or assets, the judgment may be difficult or impossible to collect. This is why UM coverage is typically the more reliable source of recovery.

In some cases, suing the uninsured driver is still worthwhile even if collection is uncertain. A judgment creates a legal record and a debt that follows the at-fault driver. If their financial situation improves in the future, you may be able to collect. And if your damages exceed your UM policy limits, a lawsuit against the uninsured driver is the only way to recover the excess — even if collection is speculative.

If you do not carry auto insurance — for example, if you were a pedestrian, cyclist, or passenger without your own auto policy — you do not have UM coverage to fall back on. Your options are limited to suing the uninsured driver directly or pursuing coverage through other sources.

If you were a passenger in someone else's vehicle, that vehicle's UM coverage may apply to you as an occupant. If you live with a family member who carries auto insurance, their UM policy may extend coverage to household members injured as pedestrians or passengers in other vehicles. Check the specific policy language — these household extension provisions vary by policy.

For pedestrians and cyclists without any auto insurance connection, a lawsuit against the uninsured driver is the primary path to recovery. This puts you in a difficult position if the driver has no assets. Nebraska's mandatory UM requirement protects drivers who carry insurance, but it does not help those who do not carry their own auto policy. This is a coverage gap worth understanding — if you own or drive a vehicle, maintaining at least the state minimum UM/UIM coverage protects you in exactly these situations.

Nebraska's statute of limitations for personal injury is 4 years from the date of injury (Neb. Rev. Stat. § 25-207). This applies to both UM claims under your own policy and civil lawsuits against the uninsured driver. For wrongful death, the deadline is 2 years (§ 30-810).

Your UM policy may have its own reporting and claim deadlines that are shorter than the statute of limitations. Most policies require you to report the accident promptly — within days, not months. Failure to notify your insurer in a timely manner can give them grounds to dispute coverage. Read your policy's UM provisions and comply with all notification requirements.

If you plan to sue the uninsured driver, practical evidence deadlines apply. Traffic camera footage is overwritten within 7 to 30 days. Witness memories fade. The uninsured driver may move or become harder to locate. Starting the legal process early — even while your UM claim is being processed — preserves your options and strengthens your position.

Were you hit by an uninsured driver in Omaha? Get your free Injury Claim Check. Answer a few questions about your accident, injuries, and insurance coverage, and we will provide a personalized report covering your UM/UIM coverage options, Nebraska's fault rules, the statute of limitations deadline, and whether connecting with a Nebraska personal injury attorney makes sense for your situation.

Being hit by an uninsured driver is frustrating, but it does not mean you are without options. Nebraska's mandatory UM coverage requirement means most insured drivers have a direct path to recovery through their own policy. Understanding your coverage, filing your claim properly, and documenting your damages thoroughly gives you the strongest position to recover fair compensation. Free, confidential, and takes less than five minutes.