Can You Sue for a Hit and Run in Omaha?

Yes, you can sue for a hit and run in Omaha, though your legal options depend on whether the fleeing driver is identified and how damages are recovered. Nebraska’s at-fault insurance system holds negligent drivers financially responsible for accidents they cause, but when a driver flees the scene, victims face unique challenges in pursuing compensation. Understanding your legal rights and the available paths to recovery after a hit-and-run is essential to protecting your financial interests.

If you have been injured in a hit-and-run accident, our Omaha car accident attorneys can evaluate your case and explore all potential sources of compensation. At Knowles Law Firm, we have 55 years of experience helping Nebraska accident victims navigate insurance claims and personal injury lawsuits, securing multi-million dollar settlements on behalf of injured clients throughout the state.

When Can You File a Lawsuit After a Hit and Run?

Filing a personal injury lawsuit after a hit and run becomes an option when the at-fault driver is identified. Nebraska follows a modified comparative negligence rule, allowing you to recover damages as long as you are less than 50 percent at fault for the accident. You have four years from the date of the accident to file a lawsuit under Nebraska Revised Statute 25-207.

If police locate the fleeing driver, you can file a claim with their insurance company or pursue a personal injury lawsuit directly against them. The lawsuit would seek compensation for medical expenses, lost wages, property damage, pain and suffering, and other losses resulting from the accident. When the driver is found, working with personal injury attorneys ensures you protect your right to full compensation.

How Uninsured Motorist Coverage Applies to Hit and Run Cases

Nebraska law requires all auto insurance policies to include uninsured motorist coverage, which becomes the primary source of compensation when a hit-and-run driver cannot be found or lacks insurance. This coverage treats unknown hit-and-run drivers the same as uninsured drivers, allowing you to file a claim with your own insurance company for injuries and damages.

According to the AAA Foundation for Traffic Safety, hit-and-run crashes occur every 43 seconds in the United States, with thousands of victims left without immediately identifiable responsible parties. Uninsured motorist coverage provides critical protection in these situations by ensuring you can access compensation even when the other driver remains unknown.

Your insurance company will investigate your claim and determine the appropriate compensation based on your policy limits. If the insurance company denies your claim or offers an insufficient settlement, you have the right to challenge their decision through negotiation, mediation, or by filing a bad faith lawsuit against your insurer. The lawyers at Knowles Law Firm can negotiate with insurance companies to maximize your recovery under your uninsured motorist policy.

Additional Insurance Coverage Options for Hit and Run Accidents

Beyond uninsured motorist coverage, other types of insurance may help cover expenses after a hit-and-run. Collision coverage pays for repairs or replacement of your vehicle regardless of who caused the accident, making it valuable when the at-fault driver cannot be identified. Some insurance companies waive the deductible for hit-and-run accidents when filing under collision coverage.

Medical payments coverage, also known as MedPay, covers medical expenses for you and your passengers regardless of fault. Personal injury protection (PIP) coverage, which Nebraska requires up to $10,000, provides additional coverage for medical bills and lost wages. Whether these policies cover hit-and-run accidents depends on your specific policy language, so reviewing your coverage with an attorney helps clarify your options.

When your damages exceed your insurance policy limits, and the hit-and-run driver remains unidentified, these additional coverages can help bridge the gap between your losses and available compensation.

What Damages Can You Recover in a Hit and Run Case?

Nebraska law allows hit-and-run victims to recover both economic and non-economic damages. Economic damages include medical expenses, rehabilitation costs, lost wages, future lost earning capacity, and property damage. These damages compensate you for quantifiable financial losses resulting from the accident.

Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and permanent disability or disfigurement. Nebraska does not cap damages in most personal injury cases, allowing juries to award full compensation based on the severity of your injuries. However, your damages will be reduced by your percentage of fault if you are found to share any responsibility for the accident, as long as you remain less than 50 percent at fault.

Contact Knowles Law Firm About Your Omaha Hit and Run Case

Hit-and-run accidents create uncertainty about how to recover compensation, but Nebraska law provides multiple avenues to pursue damages even when the at-fault driver flees. Whether through uninsured motorist claims, personal injury lawsuits after the driver is found, or negotiations with your insurance company, experienced legal representation ensures you receive fair compensation for your injuries.

Knowles Law Firm has secured multi-million dollar settlements for Nebraska accident victims over 55 years of practice. Our family-owned approach emphasizes quality representation and personalized client service. Contact us to discuss your hit and run case with attorneys who understand Nebraska personal injury law and can fight for the compensation you deserve.