Who Pays for Car Accident Compensation in Nebraska?
Omaha Personal Injury Attorneys Explain How the System Works
Being injured in a car accident can turn your life upside-down. Your severe injury will likely require serious treatment. The medical expenses add up fast. And if you can't return to work right away, you could be losing income. But your regular bills don't stop coming. You deserve to be compensated for your injury. But where will the money come from?
Insurance companies typically pay financial compensation after a car accident. But the claims process can be very confusing and frustrating. The car accident attorneys at Ausman Law Firm, P.C., L.L.O. of Omaha help the injured recover the compensation they deserve. We can review all your options and help you make an informed decision about what to do next.
What are my options for getting financial compensation?
Nebraska is a "fault" state for car insurance. Basically, this means that the driver who caused your accident is considered "at fault" and is responsible for paying damages. But it isn't always that simple. The "at-fault" driver may not have enough insurance to cover your damages. Also, Nebraska has a comparative fault law. This means you could be found partially responsible for what happened, and that can reduce the amount of damages you recover. But generally, you have three options for recovering compensation.
You can file a claim with your own insurance company.
You have this option no matter who was at fault for the accident. This is also known as a first-party claim. If the other driver was at fault, your insurance company will probably seek reimbursement from that driver's insurance company.
You can file a claim with the at-fault driver's insurance company.
This is known as a third-party claim. If the other driver was clearly at fault, by law that driver is responsible for paying damages. However, getting the insurance company to pay the full value of your claim can be challenging. Insurance companies often undervalue claims and may make a settlement offer that is too low. We know how to build a strong case that gets insurance companies to the negotiating table for a more favorable settlement.
You can file a lawsuit against the at-fault driver.
In some cases, the insurance company won't budge and won't agree to negotiate a fair settlement. They may even blame you for causing the accident. If that happens, we will gladly fight them in court. We love to litigate, and are proud of the legal victories we've won on behalf of our clients.
If you've been hurt in a car accident, contact us to come in for a free consultation. Call 402-933-8140 to arrange a time.