Most car accidents and crashes are caused by irresponsible drivers. Most irresponsible drivers refuse or fail to maintain adequate insurance coverage to cover the harms and losses they cause by driving negligently. Thus, it is important to be aware what you have to do in order to make a claim for UM/UIM benefits.
For years I have urged my clients to buy substantial UM/UIM coverage as part of their automobile insurance package. The cost is minimal compared to the risk you are taking from careless, irresponsible drivers. So, if you have acted on my advice, remember that this is coverage you have paid for. Don’t be bashful about making a claim when the harms and losses you suffered exceed the amount of insurance coverage possessed by the negligent driver.
To begin, the relevant statute’s language controls the procedure:
Neb.Rev.St. § 44-6412
44-6412. Insurer; payment; rights of insurer; agreement to settle; notice; subrogation
(1) In the event of payment under the uninsured or underinsured motorist coverage, the insurer making such payment shall, to the extent of such payment, be entitled to the proceeds of any settlement or judgment to the extent such settlement or judgment exceeds the amount paid under any applicable bodily injury liability policy or bond.
(2) If a tentative agreement to settle for liability limits has been reached with the owner or operator of an underinsured motor vehicle, written notice shall be given by certified or registered mail to the underinsured motorist coverage insurer by its insured. Such notice shall include written documentation of lost wages, medical bills, and written authorization to obtain reports from all employers and medical providers. Within thirty days of receipt of such notice, the underinsured motorist coverage insurer may substitute its payment to the insured for the tentative settlement amount. The underinsured motorist coverage insurer shall then be subrogated to the insured’s right of recovery to the extent of such payment and any settlement under the underinsured motorist coverage. If the underinsured motorist coverage insurer fails to pay the insured the amount of the tentative settlement within thirty days of receipt of such notice, the underinsured motorist coverage insurer shall have no right of subrogation for any amount paid under the underinsured motorist coverage.
You must understand that a failure to follow the rules when it comes to making a claim for Underinsured or Uninsured Motorist insurance benefits can be fatal to your financial health. If you or a loved one has been in a car accident or crash involving a truck and need help, call us. 402-467-3303.