Key Takeaways
- Nebraska requires minimum liability coverage of 25/50/25 (bodily injury per person/per accident, property damage)
- Uninsured motorist (UM) coverage is required unless rejected in writing
- Underinsured motorist (UIM) coverage is not mandatory but often included
- Nebraska follows a traditional tort (at-fault) system for auto accidents
- All drivers must carry proof of financial responsibility at all times
Nebraska Auto Insurance Requirements
Nebraska Financial Responsibility Law
Nebraska's Motor Vehicle Safety Responsibility Act (NRS Chapter 60, Article 5) requires all vehicle owners to maintain financial responsibility before operating a motor vehicle on public roads.
Minimum Liability Requirements: 25/50/25
| Coverage | Minimum Limit |
|---|---|
| Bodily Injury - Per Person | $25,000 |
| Bodily Injury - Per Accident | $50,000 |
| Property Damage - Per Accident | $25,000 |
Understanding the 25/50/25 Split Limits
Example Scenario: A Nebraska driver causes an accident injuring 3 people and damaging a vehicle.
| Victim | Medical Bills | Policy Pays | Out-of-Pocket |
|---|---|---|---|
| Person 1 | $30,000 | $25,000 | $5,000 |
| Person 2 | $15,000 | $15,000 | $0 |
| Person 3 | $20,000 | $10,000* | $10,000 |
| Property | $20,000 | $20,000 | $0 |
*Limited by $50,000 per-accident maximum
Exam Tip: Nebraska's 25/50/25 minimum limits leave drivers exposed to personal liability in serious accidents. Producers should discuss higher limits with clients.
Required and Optional Coverages
Required Coverages
| Coverage | Requirement | Details |
|---|---|---|
| Liability | Mandatory | 25/50/25 minimum |
| Uninsured Motorist (UM) | Required unless waived | Must equal liability limits unless lower amounts selected |
| Property Damage | Part of liability | $25,000 minimum |
Uninsured Motorist (UM) Coverage
UM coverage in Nebraska:
- Required by law unless waived in writing
- Protects you when hit by uninsured driver
- Covers hit-and-run accidents
- Must be offered at liability limits
- Insured can select lower limits
- Written rejection required to decline
UM Waiver Requirements
To waive UM coverage, the insured must:
- Receive written disclosure of coverage and benefits
- Sign a dated written rejection form
- Rejection applies until insured requests coverage
- New policy requires new waiver
Underinsured Motorist (UIM) Coverage
UIM coverage in Nebraska:
- Not mandatory but recommended
- Covers when at-fault driver has insufficient limits
- Protects against underinsured drivers
- Often bundled with UM coverage
- Pays difference between other driver's limits and your damages
Optional Coverages
| Coverage | Purpose |
|---|---|
| Collision | Damage to your vehicle in accident |
| Comprehensive | Non-collision losses (theft, weather, animals) |
| Medical Payments | Medical expenses regardless of fault |
| Rental Reimbursement | Rental car while yours is repaired |
| Towing | Roadside assistance and towing |
| Gap Insurance | Covers loan balance if car totaled |
Proof of Financial Responsibility
Acceptable Proof
Nebraska drivers must provide proof of insurance when:
- Requested by law enforcement
- Registering a vehicle
- Renewing registration
- After an accident
Acceptable Forms of Proof
| Type | Description |
|---|---|
| Insurance Card | Paper ID card from insurer |
| Electronic Proof | Digital image on smartphone |
| Policy Document | Full policy if card unavailable |
| Binder | Temporary evidence of coverage |
Electronic Proof of Insurance
Nebraska accepts electronic proof:
- Display on smartphone or tablet
- Officer may not seize device
- Insured not liable for other content viewed
- Must clearly show required information
Exam Tip: Nebraska accepts electronic proof of insurance displayed on mobile devices. Officers cannot require the device be handed over.
Penalties for No Insurance
First Offense
| Penalty | Details |
|---|---|
| Fine | $100 - $500 |
| License Suspension | Possible |
| Registration Suspension | Until proof provided |
| SR-22 Requirement | May be required for reinstatement |
Subsequent Offenses
| Penalty | Details |
|---|---|
| Fine | Up to $1,000 |
| License Suspension | Up to 1 year |
| Registration Suspension | Extended period |
| SR-22 Requirement | Required for 3 years |
SR-22 Requirements
SR-22 (Certificate of Financial Responsibility) may be required after:
- Driving without insurance conviction
- DUI/DWI conviction
- At-fault accident without insurance
- Accumulating serious violations
SR-22 Details:
- Filed by insurer with Nebraska DMV
- Proves continuous coverage
- Required for 3 years typically
- Higher premiums during SR-22 period
- Cancellation reported to DMV immediately
Nebraska Tort System
At-Fault Determination
Nebraska follows traditional tort (fault-based) system:
- Investigation - Determine who caused accident
- Liability - At-fault party responsible for damages
- Claim - Injured party claims against at-fault driver
- Payment - At-fault driver's insurer pays (up to limits)
- Excess - At-fault driver personally liable for amounts above limits
Comparative Negligence
Nebraska uses modified comparative negligence (47% rule):
| Your Fault % | Recovery |
|---|---|
| 0% | Full damages |
| 25% | 75% of damages |
| 47% or less | Reduced by your % |
| 48% or more | No recovery |
Example:
- Total damages: $100,000
- Your fault: 30%
- Recovery: $100,000 × 70% = $70,000
Exam Tip: Under Nebraska's comparative negligence rule, you cannot recover if you are 48% or more at fault for the accident.
Auto Insurance Rating Factors
Permitted Rating Factors
Nebraska insurers may use:
| Factor | Impact |
|---|---|
| Driving record | Major factor |
| Age and experience | Younger drivers higher |
| Territory | Based on zip code |
| Vehicle type | Safety and theft ratings |
| Annual mileage | More miles, higher risk |
| Prior insurance | Gaps affect rates |
| Claims history | Prior claims raise rates |
Restricted Rating Factors
Nebraska has limitations on:
- Credit score use (regulated)
- Gender-based pricing (limited)
- Education level
- Occupation
Nebraska Auto Policy Provisions
Cancellation Requirements
Insurers must provide:
| Notice Type | Minimum Notice |
|---|---|
| Non-payment | 10 days |
| Underwriting | 30 days (first 60 days) |
| Mid-term cancellation | 30 days |
| Non-renewal | 45 days |
Required Cancellation Reasons
After 60 days, insurers can only cancel for:
- Non-payment of premium
- Fraud or misrepresentation
- License suspension or revocation
- Material change in risk
Claims Settlement Standards
Nebraska requires insurers to:
- Acknowledge claims within 15 business days
- Begin investigation promptly
- Settle claims fairly and promptly
- Provide written denial explanations
- Pay undisputed amounts timely
What are Nebraska's minimum auto liability limits?
Is Uninsured Motorist (UM) coverage required in Nebraska?
Under Nebraska's comparative negligence rule, at what percentage of fault can you NOT recover damages?