Because Nebraska is a tort state, those who cause wrecks are generally liable for the resulting damages. What if you partially contribute to a collision in which you end up getting hurt, though? Would you file a claim with your own car insurance provider or with the other motorist’s carrier? In such a scenario—which is fairly common—the state’s modified comparative fault law will apply. 

What Is the Modified Comparative Fault Law?

Under the modified comparative fault law, a plaintiff’s total recovery must be reduced in accordance with his or her own percentage of responsibility. If you incur $40,000 in damages, for example, but you’re deemed 25% liable for the accident, you will only be able to secure up to $30,000, or 75% of the total damages, from the other at-fault party. 

How Is Fault Determined Following a Wreck?

Claims adjusters have several means for determining responsibility following a car accident. For example, they might evaluate police reports, consult accident reconstruction experts, and review the results of any toxicology tests that were conducted at the scene or shortly thereafter. They may also scrutinize cell phone records, interview eyewitnesses, and review available dashcam footage. 

How Can I Protect Myself If I Ever Contribute to an Accident?

In Nebraska, motorists are required to purchase at least $25,000 in bodily injury coverage per person, $50,000 in bodily injury coverage per accident, and $25,000 in property damage coverage per accident. All such coverage applies to others, however. If you were to cause an accident—or contribute to one in any way—none of this liability coverage will reimburse you for the associated damages.

For this reason, purchase additional coverage for optimal protection. In the event that you ever play a role in a wreck, you can bridge the gap left by the comparative fault law by seeking compensation from your own insurer. You simply need to add personal injury protection (PIP) coverage to your policy. This type of insurance covers medical bills and lost wages, regardless of fault, up to the policy’s limits. 

If you need to increase your car insurance coverage so you’re protected in all eventualities, turn to Advantage Insurance Agency. Operating out of Lincoln, this independent agency is proud to serve clients across the state of Nebraska. Backed by nearly 70 years of experience in the industry, their knowledgeable agents are committed to helping clients find practical and affordable solutions to all their coverage needs. To request a quote for a new car insurance policy, call (402) 484-5454. Learn about their other products online.