Nebraska · Comparative fault · Updated Oct 2026

Comparative fault in Nebraska: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in Nebraska, the law behind it and how insurers apply it.

Short answer

In Nebraska, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
Law
Neb. Rev. Stat. § 25-21,185.09: you're barred if your negligence is equal to or greater than the total negligence of those you sue; otherwise your damages are reduced
Insurance system
Fault (tort)

Insurance and small claims in Nebraska

No PIP required. Nebraska has no no-fault law: the driver who caused the crash (and their liability insurer) pays for others' injuries and damage.

Small claims limit for car damage in Nebraska: $7,500 since July 1, 2025 (not counting interest and costs). Nebraska small claims guide on Small Claims Map

How fast an insurer must handle a claim in Nebraska

  • Neb. Rev. Stat. § 44-1540 makes it an unfair claims settlement practice to fail to acknowledge claim communications with reasonable promptness or to fail to adopt standards for prompt investigation.
  • The statute sets no fixed number of days.

More facts for Nebraska

  • If you are 50% or more at fault, you recover nothing (Neb. Rev. Stat. § 25-21,185.09).

If the insurer says you were partly at fault

  1. Get the police report. An officer's crash report is public in Nebraska. Reporting a crash in Nebraska and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Nebraska Department of Insurance, Insurance Complaint Division.
  4. Sue before the deadline: 4 years for both property damage and injury. Deadlines to sue in Nebraska, with the calculator

Who pays in Nebraska: fault and payout explainer

Modified comparative fault (50% bar)In Nebraska, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Free help in Nebraska

Questions about comparative fault in Nebraska

Is Nebraska a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. Neb. Rev. Stat. § 25-21,185.09: you're barred if your negligence is equal to or greater than the total negligence of those you sue; otherwise your damages are reduced.

Where can I complain if an insurer blames me unfairly in Nebraska?

Nebraska Department of Insurance, Insurance Complaint Division: https://doi.nebraska.gov/consumer/file-complaint · 877-564-7323 (in Nebraska) or 402-471-0888

How fast must an insurer handle a car insurance claim in Nebraska?

Neb. Rev. Stat. § 44-1540 makes it an unfair claims settlement practice to fail to acknowledge claim communications with reasonable promptness or to fail to adopt standards for prompt investigation. The statute sets no fixed number of days.

How do I get the police report in Nebraska?

An officer's crash report is public in Nebraska. Buy a certified copy from NDOT for $13 plus tax, online, by mail or in person. By mail: NDOT Highway Safety, P.O. Box 94759, Lincoln, NE 68509 (call 402-479-4645 for the tax amount). https://dot.nebraska.gov/safety/crash-reporting/

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Sources

Last checked: Oct 24, 2026.