Is Nebraska a no-fault state?

No. Nebraska is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.

What is Nebraska's fault rule for a car accident?

Nebraska follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.

How long do I have to file an injury claim in Nebraska?

In Nebraska the statute of limitations for a personal-injury claim is generally 4 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

Nebraska · Injury claims

Car accident injury claims in Nebraska

In Nebraska, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Nebraska.

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Nebraska at a glance

Fault rule: Modified comparative — 50% bar
No-fault state?: No
Minimum liability coverage: 25/50/25 ($25K BI per person / $50K BI per accident / $25K PD per accident) under § 60-310; no PIP (at-fault state); UM mandatorily included and UIM mandatorily offered under § 44-6402
Time limit for an injury claim: 4 years

How fault works in Nebraska

Neb. Rev. Stat. § 25-21,185.09 — modified comparative with a 'less than 50%' bar: a claimant recovers (reduced by fault) only if the claimant's negligence is LESS THAN the total negligence of all defendants combined. Plaintiff at exactly 50% or above recovers $0; at 49% recovers 51% of damages. Stricter than 'not greater than 50%' states. NE uses modified several liability for most defendants under § 25-21,185.10.

Paying for injuries in Nebraska

Nebraska is an AT-FAULT (tort) state with NO statutory PIP. § 60-310 mandates 25/50/25 liability minimums; MedPay is optional (typical $1,000-$10,000 per person). There is NO tort threshold — claimants pursue economic and noneconomic damages directly against the at-fault driver (and/or their own UM/UIM if the tortfeasor is uninsured/underinsured). No statutory PIP overdue-interest mechanism.

How Moe handles injury claims in Nebraska

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Nebraska’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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Nebraska injury claims — common questions

Is Nebraska a no-fault state?: No. Nebraska is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
What is Nebraska's fault rule for a car accident?: Nebraska follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.
How long do I have to file an injury claim in Nebraska?: In Nebraska the statute of limitations for a personal-injury claim is generally 4 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.

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All Nebraska accident-claim rules · Other states

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This page summarizes Nebraska’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.