What Are Car Insurance Requirements for Nebraska and Iowa?
Nebraska auto owners are required by law to carry liability insurance coverage with at least $25,000 in bodily injury coverage per person and $50,000 per accident, and $25,000 for property damage per accident.
Iowa auto owners must carry bodily injury liability coverage of at least $20,000 per person, $40,000 per person per accident, and $15,000 for property damage.
Although these are the minimum amounts required by law in both states, the negligent driver’s policy may have higher coverage against which you can file a claim.
How Long Do I Have to File a Claim?
In Nebraska, a personal injury claim must either be settled or a lawsuit filed within four years from the date of the crash. The statute of limitations for a wrongful death claim is two years from the date of death resulting from the car wreck. A wrongful death claim must be settled with the insurer, or a lawsuit filed, within that period.
In Iowa, the statute of limitations for personal injury and wrongful death claims is two years.
What Happens If I Was Partially at Fault?
Nebraska and Iowa both follow a modified comparative negligence rule. This means any amount agreed to in settlement of your claim or awarded by a jury at trial is reduced by any percentage of fault assigned to you. If you are found to be 50% or more at fault, the states’ laws prohibit you from any recovery at all.
For example, the negligent driver’s bodily injury liability limits are $100,000. Your damages, such as medical expenses, pain and suffering, and lost income, exceed $100,000 so a jury awards the policy limits. If the negligent driver is 100% at fault, you would receive the full award; however, if you are assigned 10% fault and the other driver 90%, your award would be reduced by your 10% fault and you would receive $90,000.
Who Can File a Wrongful Death Claim?
In Nebraska and Iowa, wrongful death claims can only be filed by the personal representative of the decedent’s estate. If the decedent is a minor with no estate or if the adult had no will and therefore, no personal representative, the court will appoint one.
Any recovery garnered by the wrongful death claim becomes part of the probate estate. Assets that remain after creditors are paid are distributed to the heirs of the estate.
Our Team Is Here To Provide You With The Legal Support You Need
Insurance companies will hire attorneys and work diligently to deny your claim for bodily injuries or wrongful death. They will attempt to prove that you or your loved one shared fault for a car accident. You need experienced personal injury and wrongful death attorneys who will work even more aggressively for you.
At Salerno & Leavitt, we know how to investigate the circumstances of car accidents, and how to gather evidence, documentation, and expert witness testimony about damages such as injuries and medical treatment, and lost income and support. We are tough negotiators with insurance companies and tenacious litigators in court.