omaha nebraska
uninsured & underinsured motorist attorneys

 

When the At-Fault Driver Cannot Pay, Your Own Policy Steps In.

Most Nebraska drivers carry the state minimum liability coverage of $25,000 per person. That number was set decades ago and rarely covers a serious crash: an emergency room visit, surgery, weeks of physical therapy, and lost wages can exceed it within days. When the at-fault driver has no insurance, fled the scene, or carries a policy too small to cover your damages, your own uninsured (UM) and underinsured motorist (UIM) coverage is what protects you.

Most people are surprised to learn that their own auto policy can pay for injuries they suffered when someone else caused the crash. UM and UIM coverage was designed for exactly this situation. It also typically covers you as a pedestrian, a bicyclist, or a passenger in someone else's vehicle.

For the 75+ years of our attorneys' combined experience and more than 100 jury trials, Rensch & Rensch Law has helped injured Nebraskans collect from every available policy.

 

What Uninsured Motorist Coverage Pays For

UM coverage steps in when the at-fault driver:

  • Has no insurance at all. An estimated one in eight U.S. drivers is uninsured.
  • Fled the scene. Hit-and-run crashes are treated as uninsured-motorist claims when the driver cannot be identified.
  • Was driving a stolen vehicle or was excluded from the owner's policy.

Your insurance company effectively stands in for the at-fault driver and pays your damages up to the limits of your UM coverage.

 

What Underinsured Motorist Coverage Pays For

UIM coverage steps in when the at-fault driver carries insurance but the policy limit is not enough to cover your losses. To make a UIM claim:

  1. You first collect the full amount of the at-fault driver's liability policy.
  2. If your damages exceed that limit, your UIM coverage pays the difference, up to your own policy limit.

UIM coverage premiums are usually a fraction of the cost of primary liability coverage. We recommend Nebraska drivers carry at least the same UIM limit as their own liability limit (for example, if you carry $100,000 in liability, carry at least $100,000 in UIM).

 

Why Your Own Insurer Will Push Back

When you make a UM or UIM claim, your insurance company is no longer on your side: it is the entity that owes you money. Adjusters routinely:

  • Argue your injuries are minor or pre-existing.
  • Demand recorded statements that can be used against you later.
  • Offer a lowball settlement before you know the full extent of your injuries.
  • Try to deny coverage on technicalities (late notice, failure to cooperate, household-member exclusions).

Talk to a lawyer before giving a recorded statement to your own insurer.

 

Don't Settle With the At-Fault Driver Until You Talk to Us

One of the most common ways injured Nebraskans lose UIM coverage is settling the third-party claim too quickly. Many policies require your insurer's consent before you sign a release with the at-fault driver. If you sign first, your UIM carrier may deny the claim entirely. We coordinate the third-party settlement and the UIM claim so the two pieces fit together.

 

Stacking Coverage

If you carry multiple vehicles or multiple policies, you may be able to stack the UM/UIM limits across them, depending on the language of the policy and Nebraska law. Stacking can multiply your available coverage. We review every policy in the household when we evaluate the case.

 

Protect Your Rights
Call Rensch & Rensch Law at 402.498.4400

If you were hurt by an uninsured or underinsured driver, you may be entitled to compensation for:

  • Medical expenses (past and future)
  • Lost wages and reduced earning capacity
  • Pain and suffering
  • Emotional distress and disfigurement
  • Property damage
  • Loss of consortium for your spouse and family

Our legal services are built around your convenience, including the contingency fee basis for our work. You owe no attorney fees unless we win your case.

 

Contact Rensch & Rensch Law

Before you talk to your insurance adjuster about a UM or UIM claim, talk to us. Contact our skilled Omaha uninsured-motorist attorneys today to schedule your free consultation. Call: 402.498.4400. We respond promptly to e-mails and overnight messages at any hour, day or night, seven days a week. You can also fill out the form below and we will be in touch.

Frequently Asked Questions: Omaha UM and UIM Claims

How much does it cost to hire Rensch & Rensch Law?

There is no up-front cost. We handle personal injury cases on a contingency-fee basis. You owe no attorney fees unless we recover compensation for you. Your initial consultation is always free, whether by phone, video, or in person at our Omaha or Columbus offices.

Do I have UM and UIM coverage on my Nebraska policy?

Probably yes. Nebraska law requires every auto liability policy to offer UM and UIM coverage; you can decline it only by signing a written rejection. If you cannot find proof of rejection in your policy file, the coverage is generally presumed to apply at the same limit as your liability coverage. Bring your full policy (declarations page plus all endorsements) to your free consultation and we will tell you what is available.

Can I make a UM claim after a hit-and-run?

Yes. Hit-and-run crashes where the driver cannot be identified are treated as uninsured-motorist claims under most Nebraska policies. Reporting requirements are strict, however: the crash typically must be reported to police within 24 hours and to your own insurer promptly. Photographs of the scene, debris, paint transfer, and any partial plate or vehicle description help.

The other driver's insurance is offering policy limits. Can I still pursue a UIM claim?

Often yes, but do not sign a release until your own UIM carrier has been notified and given an opportunity to consent or to substitute its own payment. Many UIM policies require this step, and signing too early can void the UIM claim entirely. We coordinate both pieces so you do not lose coverage by accident.

Will my insurance rates go up if I file a UM or UIM claim?

Nebraska law generally prohibits insurers from raising your rates because you made a not-at-fault claim, including a UM or UIM claim. If your insurer surcharges your policy after a UM/UIM claim, that may itself be a legal violation. Bring any rate-change notices to your consultation.

Can my UM/UIM cover me if I was a pedestrian or on a bicycle?

Yes, in most cases. Nebraska UM and UIM coverage typically follows the policyholder, not just the vehicle. If you were walking, biking, or riding as a passenger and an uninsured or underinsured driver hurt you, your own auto UM/UIM may be available. We review every policy in the household when we evaluate the claim.

Results That Matter

Every case is unique and past results do not guarantee future outcomes, but the firm’s track record shows what is possible when the facts support full recovery.

  • $6 Million+ Complex Federal Court Claim Settlement during litigation of a complex personal injury claim in United States District Court.
  • $3.5 Million Wrongful Death Confidential settlement for a newly-married widow in a difficult wrongful-death case against a national-company defendant with extensive defense resources.
  • $3.18 Million Complex Negligence Settlement of a complex negligence claim just before trial.

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