# Nebraska car accident law: deadlines, fault and your claim

> Nebraska car accident claims: 4 years to sue for injuries, 2 years for wrongful death, the 50% fault bar, government claim deadlines and crash reports.

Canonical page: https://accidentclaimfacts.com/location/nebraska/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Nebraska you generally have 4 years to file a lawsuit for crash injuries or vehicle damage, but only 2 years from the date of death for wrongful death. Nebraska uses modified comparative fault with a 50% bar: your damages are reduced by your share of fault, and you recover nothing if your fault is equal to or greater than that of the people you sue. Claims against a city or county need a written claim within 1 year.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 4 years | Neb. Rev. Stat. § 25-207(3) |
| Vehicle damage deadline | 4 years | Neb. Rev. Stat. § 25-207(2) |
| Wrongful death deadline | 2 years, from the date of death | Neb. Rev. Stat. § 30-810 |
| Fault rule | Modified comparative: barred at 50% | A 50/50 split means no recovery |
| Notice to a government body | 1 year (local), 2 years (state) | Written claim before any lawsuit |
| Minimum liability insurance | $25,000 per person, $50,000 per crash, $25,000 property | UM and UIM also required |
| Fault or no-fault | At-fault | PIP: Not required |
| Traffic deaths, 2024 | 251 people | 12.5 per 100,000 people |
| State bar lawyer directory | Nebraska Find-a-Lawyer | $50 or less for the first 30 minutes |

## Filing deadlines in Nebraska

Nebraska's statute of limitations for injuries and property damage from a crash is 4 years. Wrongful death claims run on a much shorter clock, starting from the date of death rather than the date of the crash.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 4 years | Neb. Rev. Stat. § 25-207(3) |
| Damage to your vehicle or other property | 4 years | Neb. Rev. Stat. § 25-207(2) |
| Wrongful death | 2 years from the date of death | Neb. Rev. Stat. § 30-810 |
| Claim against a city, county or other political subdivision | Written claim within 1 year; lawsuit within 2 years | Neb. Rev. Stat. § 13-919 |
| Claim against the State of Nebraska | Written claim to the Risk Manager within 2 years | Neb. Rev. Stat. § 81-8,227 |

For an injured child, the deadline starts to run once the injured person turns 21. Nebraska's statute speaks of a person "within the age of twenty years," which courts read as anyone not yet 21. This pause is a form of tolling.

Government claims follow two tort claims acts. Before suing, you must make a written claim to the governing body within one year (political subdivisions), or to the State Risk Manager within two years (the state). If the government body makes its final decision, or you withdraw the claim, when less than 6 months remain before the deadline, you have 6 months from that date to sue. A notice of claim that misses its deadline can end the claim, so these dates matter as much as the main deadline.

> **Warning:** Insurance talks do not pause any of these deadlines. In a fatal crash, the two-year wrongful death limit can pass while the family is still dealing with the insurer.

## How fault is shared in Nebraska

Under Neb. Rev. Stat. § 25-21,185.09, your own negligence reduces your damages in proportion to your share. But if your negligence is equal to or greater than the total negligence of everyone you sue, you are barred from recovering anything.

> **Example:** A jury finds you 40% at fault for a crash at a rural intersection and the other driver 60% at fault. You recover 60% of your proven damages. If the jury splits the fault 50/50, you recover nothing, because your share equals the other driver's.

That 50/50 outcome is the key difference from states with a 51% bar, where an even split still pays half. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=ne&fault=20#fault) to compare Nebraska with other states.

## Insurance in Nebraska

Nebraska is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Every policy must include liability coverage of at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Personal injury protection is not required.

- **Uninsured motorist coverage:** Required: $25,000/$50,000.
- **Underinsured motorist coverage:** Required: $25,000/$50,000.
- **Medical payments coverage:** Not required (optional).

The Insurance Information Institute estimates that 9.5% of Nebraska drivers were uninsured in 2023, compared with 15.4% nationally. Our guide to [crashes with uninsured drivers](https://accidentclaimfacts.com/accidents/uninsured-driver-accidents/) explains how a claim on your own coverage works. For help with an insurer, contact the Nebraska Department of Insurance at 402-471-2201; complaint hotline 877-564-7323 (in-state only).

## After a crash in Nebraska

If a crash injures or kills someone, or causes apparent damage of $2,000 or more to one person's property, the driver must send a Driver's Motor Vehicle Crash Report to the Nebraska Department of Transportation, unless a peace officer investigated. The report is due within 10 days. The Department of Transportation accepts it online or on a paper form by mail.

To get a copy of the officer's crash report, request it from the Nebraska Department of Transportation's Highway Safety Section by email, phone, mail or in person. A copy costs $13 plus tax, and the desk's phone number is 402-479-4645. The officer's report is public information, while drivers' own reports are confidential by law, so you cannot get another driver's own report. Our guide to [police reports](https://accidentclaimfacts.com/claim-process/police-report/) explains what to check once you have it.

## Special rules in Nebraska

**Seat belts.** Evidence that you were not wearing a seat belt is admissible only on mitigation of damages, not on fault or cause. Even then, it cannot reduce your recovery by more than 5%.

**Wrongful death timing.** The wrongful death limit of 2 years is half the injury deadline. If an injured person later dies from crash injuries, the family's claim may follow a different clock than the injury claim did. Our guide to [wrongful death claims](https://accidentclaimfacts.com/injuries/wrongful-death/) explains who can bring one.

## Crashes on Nebraska roads

The Insurance Institute for Highway Safety counted 251 crash deaths in Nebraska in 2024, or 12.5 per 100,000 people. The national rate was 11.5 per 100,000 people.

| Measure, 2024 | Nebraska |
|---|---|
| Crash deaths | 251 |
| Deaths per 100,000 people | 12.5 (US: 11.5) |
| Share of deaths on rural roads | 65% |
| Share of deaths that were speeding-related | 27% |
| Fatally injured passenger vehicle drivers with a BAC of 0.08% or higher | 29% |

## Finding a lawyer in Nebraska

The Nebraska State Bar Association runs [Nebraska Find-a-Lawyer](https://www.nefindalawyer.com/), a directory you can search by city, county or practice area. The site says listed lawyers charge $50 or less for the first 30 minutes of a first consultation. The Bar does not recommend or endorse any listed lawyer. Its phone number is (402) 475-7091.

The Bar itself does not license lawyers; the Attorney Services Division of the Nebraska Supreme Court does. To confirm a license, search the [Nebraska attorney roster](https://attorneys.nejudicial.gov/member-search). Our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains what to ask, and the [claim process guide](https://accidentclaimfacts.com/claim-process/) covers each step of a claim.

## FAQ

### What is the statute of limitations for a car accident in Nebraska?

Generally 4 years for injuries and vehicle damage, and 2 years from the date of death for wrongful death. Claims against a city or county need a written claim within 1 year, and claims against the state need one within 2 years.

### Is Nebraska a no-fault state?

No. Nebraska is an at-fault state, so the driver who caused the crash, through their insurer, pays for the losses. Personal injury protection is not required, but every policy must include uninsured and underinsured motorist coverage.

### Can I recover if I was partly at fault in Nebraska?

Yes, if your share of fault is less than that of the people you sue. Your damages are reduced by your percentage. At 50% or more, you recover nothing.

### Do I have to report a car accident in Nebraska?

Yes, if anyone is hurt or killed or one person's property has apparent damage of $2,000 or more, unless a peace officer investigated. The driver's report goes to the Nebraska Department of Transportation within 10 days.

### How do I get a crash report in Nebraska?

Request the officer's report from the Department of Transportation's Highway Safety Section by email, phone, mail or in person. It costs $13 plus tax.

### Does not wearing a seat belt reduce my claim in Nebraska?

It can, but only a little. The evidence may be used only on damages, not on who caused the crash, and it cannot cut your recovery by more than 5%.

## Sources

- [Nebraska Legislature, Neb. Rev. Stat. § 25-21,185.09](https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09) — comparative negligence and the 50% bar
- [Nebraska Department of Transportation, Crash reporting](https://dot.nebraska.gov/safety/crash-reporting/) — driver reports and copies
- [Nebraska Department of Insurance, Auto insurance and types of coverage](https://doi.nebraska.gov/important-auto-insurance-and-types-coverage) — required coverages
- [Nebraska State Bar Association](https://www.nebar.com/) — lawyer directory and licensing
- [Nebraska Legislature, Neb. Rev. Stat. § 25-207](https://nebraskalegislature.gov/laws/statutes.php?statute=25-207), checked October 29, 2026
- [Nebraska Legislature, Neb. Rev. Stat. § 30-810](https://nebraskalegislature.gov/laws/statutes.php?statute=30-810), checked October 29, 2026
- [Nebraska Legislature, Neb. Rev. Stat. 13-919](https://nebraskalegislature.gov/laws/statutes.php?statute=13-919), checked October 29, 2026
- [Nebraska Legislature, Neb. Rev. Stat. 81-8,227](https://nebraskalegislature.gov/laws/statutes.php?statute=81-8,227), checked October 29, 2026
- [Nebraska Legislature, Neb. Rev. Stat. 25-213](https://nebraskalegislature.gov/laws/statutes.php?statute=25-213), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Nebraska Legislature, Neb. Rev. Stat. 60-699](https://nebraskalegislature.gov/laws/statutes.php?statute=60-699), checked October 29, 2026
- [Nebraska Legislature, Neb. Rev. Stat. 60-6,273](https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,273), checked October 29, 2026
- [Nebraska Legislature, Neb. Rev. Stat. 60-534, motor vehicle liability policy limits](https://nebraskalegislature.gov/laws/statutes.php?statute=60-534), checked October 28, 2026
- [Insurance Information Institute, Background on: No-fault auto insurance](https://www.iii.org/article/background-on-no-fault-auto-insurance), checked October 28, 2026
- [Nebraska Legislature, Neb. Rev. Stat. 44-6408, uninsured and underinsured motorist coverage](https://nebraskalegislature.gov/laws/statutes.php?statute=44-6408), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026