Nebraska Car Accident Legal Questions

To the best of my knowledge, NO. A driver's license is just that, a license. That means that you do not have a right to drive, you only have permission. That permission can be taken away for violating the rules. if you do not pay the tickets, then they do not have to give you a license. If you drive without a license and get caught, then you will likely be unable to ever get your license back. Pay the tickets.... Read More

While it can sometimes help your case with the insurance company whether a driver is given a traffic citation, such as failure to yield, does not change whether a driver is liable for an accident. If the other driver was at-fault for the accident, either the other driver or his/her insurance company is responsible for your injuries and damages. There is nothing you can do to "force" the police into giving the other driver a ticket. If you cannot get the other driver or the insurance company to pay you would have to file suit against the other driver and let a judge or jury decide who was at-fault and how much money, if any, you are entitled to.... Read More

If you were insured at the time of the accident you should immediately notify your insurance company. They will hire an attorney on your behalf who will file an answer for you. Assuming you were sued in Nebraska, either in County, District or Federal court, and did not have car insurance, there is no "answer form" that you can just complete. Your Answer must include a "caption," which is the name of court, the names of the parties, the case number and the name of the document. Your Answer should include a denial of anything you deny that is alleged by the person suing you. You should need to list any and all "affirmative defenses" you might have. An "affirmative defense" is a reason why, either based on the facts or the law, why, even if the facts alleged against you are true, you either do not owe anything to the person suing you or an amount lower than the amount claimed. The most commonly alleged affirmative defense in a car accident cases is "contributory negligence," which is that the person suing you was either partially or totally at-fault for the accident. Without knowing anything about your car accident I cannot comment on whether you have any affirmative defenses. There are a couple of other things that need to be included in your answer such as what you want the court to do, your signature and a certificate of service showing that you mailed a copy to the person suing you or his/her attorney. Generally, you have 30 days after being served with a copy of the lawsuit to file an answer. If you were sued in an Idaho court my comments above do not apply as I cannot provide legal advice to a case involving Idaho as I am not licensed to practice law there. If you were sued in an Idaho court you may want to re-ask your question and list Idaho as the State instead of Nebraska. If you were not insured you still might want to consider hiring an attorney as you likely will be at a significant disadvantage if the person suing you has an attorney.... Read More

If the other person's insurance company will not pay you then your only option is to file suit and let a judge or jury decide who was at fault for the accident. You would present evidence and testimony supporting your version of what occurred. More than likely, the insurance company for the at-fault driver will hire an attorney to defend the other driver in the lawsuit. The other driver, if he or she wants to, can counter-sue you for his or her damages. If that occurs, your insurance company, which you should notify immediately, would have someone defend you against the other driver's claim. You may want to consult with an attorney to discuss your rights and the legal process. Most accident attorney offer a free consultation so it will not cost you anything to get more information.... Read More