Learning that the at-fault driver has no insurance can make a stressful situation feel worse — but it does not necessarily leave an injured person without a path to compensation. Depending on the policies involved, you may be able to recover through your own uninsured motorist (UM) coverage, and other coverage may help with specific losses.
Using your own insurance is not automatic, though. Your insurer may investigate who caused the crash, whether you qualify as an insured, the nature and cost of the injuries, and whether policy and legal requirements were met.
Key takeaways
UM coverage protects an insured who is legally entitled to recover bodily-injury damages from the owner or operator of an uninsured vehicle.
Nebraska generally requires auto liability policies covering vehicles principally garaged in the state to include UM and underinsured (UIM) bodily-injury coverage. The statutory minimums are generally $25,000 per person and $50,000 per accident for two or more people. A named insured may request higher limits. The precise protection depends on the policy’s language, limits, exclusions, and endorsements. (Neb. Rev. Stat. § 44-6408.)
A vehicle may qualify as uninsured under Nebraska law when:
For unidentified (“phantom”) drivers, Nebraska sets specific proof rules. If there was physical contact between the unknown vehicle and the injured person or occupied vehicle, the crash may fall within the statutory definition. When there was no contact, the crash must be properly reported to law enforcement, and an independent, disinterested witness must corroborate the facts — the injured person or another occupant cannot supply that corroboration alone. (Neb. Rev. Stat. § 44-6405.) This distinction matters when a driver runs another vehicle off the road without touching it.
Nebraska’s required UM protection concerns bodily injury, sickness, disease, or death. Depending on the facts and policy, a claim may involve:
You still must show the uninsured driver was legally responsible and prove the injuries and damages tied to the collision.
Does UM coverage pay for vehicle damage?
No — the UM coverage required under § 44-6408 applies to bodily-injury losses. Vehicle damage is usually addressed through collision coverage, which differs from UM and commonly requires a deductible. Whether a specific loss is covered depends on the policy.
A UM claim goes to an insurer you likely already have a contract with, but it can still be disputed. The insurer may examine:
Even as a first-party claim, you may still need to prove the uninsured driver’s fault and the extent of your damages.
Documentation matters even more when the at-fault driver has no insurance or can’t be identified. Helpful evidence includes:
In a hit-and-run case, moving quickly to find witnesses and video is especially important, because recordings can be overwritten and memories fade.
Medical payments coverage may help pay covered medical expenses without first resolving fault. Nebraska law provides that UM limits are not reduced simply because med-pay benefits were paid, though UM coverage does not pay the same expense twice. (Neb. Rev. Stat. § 44-6409.)
Collision coverage may pay for covered repairs or a total loss, subject to the deductible; the insurer may later seek reimbursement from the responsible driver.
Health insurance may cover qualifying treatment while the auto claim is pending. Deductibles, copays, reimbursement rights, and medical liens may need to be resolved before the claim closes.
Another applicable auto policy: the policy covering the vehicle you occupied generally has priority when more than one UM policy applies. Nebraska also restricts “stacking” multiple policies — generally, the maximum recovery cannot exceed the highest limit of any one applicable policy. (Neb. Rev. Stat. § 44-6411.) Priority and insured status must be evaluated on the specific facts.
You may have a claim against the driver, but obtaining a judgment and actually collecting are different things. A driver without liability insurance may have limited income or assets. Before deciding how to proceed, it can help to investigate whether the driver owned the vehicle, whether another person’s policy covered it, whether the driver was working at the time, whether another person or business contributed, and whether a UM policy is a more practical source of recovery. The absence of insurance should not end the investigation.
Disagreements can arise even with your own insurer — over fault, your possible share of fault, whether the policy was active, whether you were covered, whether a hit-and-run meets Nebraska’s requirements, whether your conditions came from the crash, and the amount of your losses.
Nebraska follows a modified comparative-negligence rule. Your damages may be reduced by your percentage of fault, and recovery is generally barred if your negligence is equal to or greater than the combined negligence of the parties you’re recovering from. (Neb. Rev. Stat. § 25-21,185.09.)
Settlements with potentially responsible parties require care. Nebraska law allows certain UM exclusions when an insured settles with a liable party without the insurer’s written consent and the settlement harms the insurer’s rights. Underinsured-motorist settlements also involve written-notice and subrogation procedures. Because UM and UIM are different — and the correct category may not be clear until the other driver’s policy status and limits are confirmed — review how any release could affect every available claim before signing. (Neb. Rev. Stat. §§ 44-6412, 44-6413.)
Nebraska generally provides a four-year limitations period for many personal-injury claims arising outside a contract, but UM cases can involve both tort and insurance-contract issues plus policy notice rules. Because UM coverage is tied to the underlying claim against the uninsured driver, preserving that underlying claim can be essential. Different deadlines may apply when a government vehicle, a minor, a death, an out-of-state crash, or another unusual circumstance is involved, and policies may require prompt notice. (Neb. Rev. Stat. §§ 25-207, 44-6413.)
Will my premium go up if I make a UM claim? That depends on the insurer, policy, underwriting rules, and applicable regulations. Ask your insurer how it treats a not-at-fault UM claim; don’t assume a particular result.
Do I have to prove the other driver was at fault? Generally, yes. UM coverage protects an insured who is legally entitled to recover from an uninsured driver, which usually requires evidence of that driver’s responsibility and your damages.
What if the driver showed an insurance card at the scene? A card doesn’t prove active or applicable coverage — the policy may have lapsed, the driver may be excluded, or the insurer may dispute coverage. Written confirmation from the insurer may be needed.
Can a passenger, pedestrian, or bicyclist make a UM claim? Possibly. Nebraska law generally prevents a qualifying policy from defining “insured” to exclude someone occupying the covered vehicle with permission, and coverage is not necessarily limited to the driver. The applicable policies should be reviewed.
Can I still recover if the driver fled? Potentially. Hit-and-run claims can qualify, but Nebraska applies different proof requirements depending on whether there was physical contact; non-contact claims require a proper law-enforcement report and independent corroboration.
Does UM coverage replace health insurance? No. They serve different purposes, and reimbursement rights or liens may need to be resolved.
Accident claims involving uninsured drivers may become more complicated when questions arise about fault, the other driver’s insurance status, uninsured motorist coverage, medical causation, available policy limits, or the extent of the injured person’s losses.
Evaluating these issues may require reviewing police reports, photographs, video recordings, witness statements, medical records, employment records, insurance policies, vehicle-damage documentation, coverage-denial letters, and communications with insurance adjusters. Organizing this evidence may help clarify how the collision occurred, whether the other vehicle qualifies as uninsured, which insurance policies may apply, and what issues remain disputed.
If you were injured in an accident involving an uninsured or unidentified driver in Omaha, Inkelaar Law can help you understand the factors that may affect the claim. The firm can also discuss matters that may deserve consideration before providing a recorded statement, signing a medical authorization, accepting a settlement, signing a release, or allowing an applicable legal or policy deadline to pass.
You may contact Inkelaar Law to request a free consultation.
Call: 1-833-INK-WINS
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Serving Omaha, Douglas County, and communities across Nebraska.
Disclaimer: The information in this article is intended for general educational and informational purposes only. It is not legal advice and should not be interpreted as legal advice for any specific situation. Reading this content does not establish an attorney–client relationship. If you have questions about your circumstances or need guidance on a legal matter, consider consulting with a licensed attorney in your state.
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