Question 1

Does Nebraska allow UM/UIM stacking?

Accepted Answer

No. Regardless of the number of vehicles, persons covered, claims made, vehicles or premiums shown on the policy or premiums paid, the limits of UM or UIM for two or more vehicles under the same policy or separate policies may not be added together, combined or stacked, except as the priority rule in section 44-6411 provides (Neb. Rev. Stat. 44-6410). If you are entitled to coverage under more than one policy, the most you may recover is the highest limit of any one policy (44-6411).

Question 2

Are UM and UIM required in Nebraska?

Accepted Answer

Yes, both, in limits of $25,000 per person and $50,000 per accident. The insurer must provide higher limits on your written request, up to $100,000 per person and $300,000 per accident, and may make UIM part of UM (44-6408 and 44-6413(3)).

Question 3

How does Nebraska UIM pay?

Accepted Answer

The insurer's maximum liability is your damages less the amount paid to you by or for anyone legally liable, never more than your coverage limits (44-6409(1)). With $100,000 of coverage, $250,000 of damages and $25,000 paid, UIM pays up to $100,000.

Question 4

Do I have to tell my insurer before I settle with the other driver?

Accepted Answer

Yes. If a tentative settlement for liability limits has been reached, give written notice by certified or registered mail with medical bills and wage records. The insurer has 30 days to substitute its own payment. A settlement without its written consent that adversely affects its rights is excluded (44-6412(2) and 44-6413(1)(a)).

Question 5

What if I was partly at fault, and how long do I have to sue?

Accepted Answer

Your damages are reduced in proportion to your fault, but you are barred if your negligence is equal to or greater than the total negligence of the people you seek recovery from (25-21,185.09). Most tort actions have 4 years (25-207).

Nebraska UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Nebraska requires UM and UIM, bars stacking by statute and pays UIM as damages above the other driver's payment

Nebraska UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Nebraska requires UM and UIM, bars stacking by statute and pays UIM as damages above the other driver's payment

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