Hit-and-run laws and what to do in Nebraska

A hit-and-run is one of the few crashes where the other driver's first move makes your situation worse. In Nebraska, leaving the scene isn't a ticket you shrug off. Depending on what the crash caused, it runs from a misdemeanor to a felony that can send someone to prison and pull their license for years.

This page sticks to what Nebraska law actually says: the duties a driver has at the scene, the criminal penalties for fleeing, and, if the other driver is never found, how your own policy is supposed to cover you. The general concepts live on our national hub. Here we deal in the Nebraska rules, section numbers and all.

What a driver has to do at the scene

Two statutes set the duty. If the crash caused only property damage, Neb. Rev. Stat. § 60-696 says the driver has to immediately stop at the scene and give their name, address, telephone number, and operator's license number to the other people involved.¹ Hit a parked car or a mailbox with nobody around, and the same statute tells the driver to leave a written note with that information in a visible spot and report the collision to a peace officer without unnecessary delay.¹

If anyone is hurt or killed, § 60-697 raises the bar. The driver must stop, work out who was involved, hand over their name, address, and vehicle license number, show their operator's license to the person they struck or the people in the other vehicle, and render reasonable assistance to anyone injured, including driving them for medical treatment if it's plainly needed or the injured person asks for it.² Doing none of that and driving off instead is what the criminal charge punishes.

The criminal penalties for leaving the scene

A property-damage-only case is a Class II misdemeanor, which carries up to six months in jail and a $1,000 fine.¹³ If the driver already has a leaving-the-scene conviction from the past twelve years, it steps up to a Class I misdemeanor, up to one year in jail.¹³ The court can also order the person not to drive anywhere in Nebraska for up to a year and revoke their license for the same period.¹

Once someone is injured, the exposure changes entirely. Fleeing a crash that hurt another person is a Class IIIA felony under § 60-698, punishable by up to three years in prison plus eighteen months of post-release supervision and a fine of up to $10,000.⁴⁵ If the crash killed someone or caused serious bodily injury, which § 60-6,198 defines as an injury carrying a substantial risk of death or serious permanent disfigurement or protracted loss of function, it becomes a Class III felony: up to four years in prison, two years of post-release supervision, and a $25,000 fine.⁴⁵⁶ On any felony conviction the judge has to bar the person from driving for one to fifteen years and revoke their license for that same stretch.⁴

If the other driver flees, your own coverage steps in

Nebraska is an at-fault state with no no-fault insurance, so the driver who caused the crash owes the damages.⁷ That's cold comfort when the driver is gone. This is where uninsured motorist coverage matters, and Nebraska makes it hard to be without it.

Every auto liability policy issued in the state has to include uninsured and underinsured motorist coverage, at least $25,000 per person and $50,000 per accident, and a driver can't waive it outright.⁸ For hit-and-run purposes, § 44-6405 treats a vehicle whose owner or operator is unknown as an "uninsured motor vehicle," so your UM coverage is what pays when the other car speeds off.⁹

There's a Nebraska wrinkle worth knowing. If the fleeing car actually hit you, your claim is straightforward under subsection (3).⁹ But if it ran you off the road without touching your car, a so-called phantom vehicle, the statute only allows a UM claim when two things are true: the accident was reported to law enforcement as required by law, and the facts are corroborated by competent evidence from an independent and disinterested person, not you and not your passengers.⁹ In plain terms, a stranger who saw it has to back up your account. That single rule is why getting a witness's name at the scene can decide whether your claim survives.

What to do after a hit-and-run in Nebraska

Call the police from the scene. Beyond being the sensible move, a police report is a legal prerequisite for a no-contact UM claim, and if no officer investigates and the crash caused injury, death, or property damage of at least $2,000, Nebraska law requires you to file your own written report with the Department of Transportation within ten days.¹⁰ Failing to file that report is itself a Class V misdemeanor.¹⁰

Grab whatever you can about the other vehicle: plate, make, color, and the direction it went. Then find witnesses and write down their names and phone numbers, because that independent corroboration is exactly what your insurer will ask for on a phantom-vehicle claim.⁹ Photograph the damage, the road, and the position of your car before anything moves.

You can request the officer's crash report from the Nebraska Department of Transportation; our Nebraska crash reports page covers that.¹¹ Notify your own insurer promptly and tell them you intend to pursue an uninsured motorist claim. If your vehicle took real damage, keep in mind that a properly repaired car can still be worth less on paper, which is a separate diminished value claim.

Deadlines and limits on a Nebraska claim

If you end up filing suit, whether the at-fault driver is later identified or you're going after your own UM coverage, the deadline is four years from the crash date for both injury and property damage claims under Neb. Rev. Stat. § 25-207.¹² Nebraska applies modified comparative negligence with a 50% bar, so if you were partly at fault, your recovery drops by your share and disappears altogether once your fault reaches the combined fault of everyone you're suing.¹³

One thing Nebraska will not give you is punitive damages. The state constitution bars them, and the Nebraska Supreme Court confirmed it in Miller v. Kingsley, so even a driver who hit you and ran can't be forced to pay a punishment award on top of your actual losses.¹⁴ Your claim is for what the crash cost you: medical bills, lost wages, and vehicle damage.

Before you decide anything, a Nebraska attorney who handles these cases can read your policy and tell you what your UM coverage actually pays. Our legal directory is a place to start.

This is general information, not legal advice.

Sources

1. Neb. Rev. Stat. § 60-696 (motor vehicle; accident; duty to stop; property damage; penalty). https://nebraskalegislature.gov/laws/statutes.php?statute=60-696

2. Neb. Rev. Stat. § 60-697 (accident; driver's duty; injury or death). https://nebraskalegislature.gov/laws/statutes.php?statute=60-697

3. Neb. Rev. Stat. § 28-106 (misdemeanor penalty classifications). https://nebraskalegislature.gov/laws/statutes.php?statute=28-106

4. Neb. Rev. Stat. § 60-698 (accident; failure to stop; penalty; license revocation). https://nebraskalegislature.gov/laws/statutes.php?statute=60-698

5. Neb. Rev. Stat. § 28-105 (felony penalty classifications). https://nebraskalegislature.gov/laws/statutes.php?statute=28-105

6. Neb. Rev. Stat. § 60-6,198 (serious bodily injury, defined). https://nebraskalegislature.gov/laws/statutes.php?statute=60-6,198

7. Nebraska Department of Insurance, Auto Insurance and Types of Coverage. https://doi.nebraska.gov/important-auto-insurance-and-types-coverage

8. Neb. Rev. Stat. § 44-6408 (motor vehicle liability policy; uninsured and underinsured coverage; when required). https://nebraskalegislature.gov/laws/statutes.php?statute=44-6408

9. Neb. Rev. Stat. § 44-6405 (uninsured motor vehicle, defined; hit-and-run; physical contact and no-contact claims). https://nebraskalegislature.gov/laws/statutes.php?statute=44-6405

10. Neb. Rev. Stat. § 60-699 (accident report to the Department of Transportation; ten-day deadline; $2,000 threshold). https://nebraskalegislature.gov/laws/statutes.php?statute=60-699

11. Nebraska Department of Transportation, Crash Reporting. https://dot.nebraska.gov/safety/crash-reporting/

12. Neb. Rev. Stat. § 25-207 (four-year statute of limitations; personal injury and property damage). https://nebraskalegislature.gov/laws/statutes.php?statute=25-207

13. Neb. Rev. Stat. § 25-21,185.09 (comparative negligence; 50% bar). https://nebraskalegislature.gov/laws/statutes.php?statute=25-21,185.09

14. Neb. Const. art. VII, § 5; Miller v. Kingsley, 194 Neb. 123, 230 N.W.2d 472 (1975) (no punitive damages in Nebraska). https://nebraskalegislature.gov/laws/articles.php?article=VII-5