Nebraska Law (insurance, DMV, gated)

[lisalynn]

I was in a accident 3 months ago, the individual that hit me did not have insurance, The insurance company is now trying to collect my deductible. She said she would make payments but as of right know I have seen nothing and she is not returning the insurance company phone calls.

Is there any law in Nebraska if you are caught without insurance you are fined or what recourse do I have?
It would be nice if she would loose her license until my deductible was paid for.

[lisalynn]

but then again, if she was fine driving without insurance, I am sure it would not phase her to drive without a license.

[Sandhills Guru]

I would think if the accident was investigated by law enforcement she will or has received a ticket for no insurance. Not sure what happens then. You may have to take it too court to prove her negligence or that she was at fault. Even if she did not have insurance it doesn't put her at fault in the accident.

[lisalynn]

no, the accident was 100% her fault, we were driving East bound she was going west bound, and turned right in front of us.. We had no time to react. We took out her front end and the side door of her car. The police officer that was driving right behind her could not believe that she even attempted to turn when she did. So we have a very good witness to the accident. The lady told the police officer that she did not have her insurance card on her, and that it was at home. So I am not sure if she was issued a citation or not.

[Sandhills Guru]

Well if she failed to present the proof of insurance in 5 days, She more than likely got issued a ticket. Investigating police officers are not allowed to pass judgement on fault in an anccident in this state. They may issue tickets for failure to obey traffic devices, yeild right of way and so on, but that is where it stops. A court decides who is at fault.

Our daughter was in an accident over 10 years ago, unmarked intersection in a town. It was winter. She actually hit the other car in the side, clearly showing she was probably at fault. When it came to the court case on it because our insurance would not pay their damages due to some circumstances in the report, it ended up the people who took her to court had the tables turned. They ended up paying her damages.

Either your insurance company will take her to court for their cost, but ultimately it will be up to you to take her to court for your deductible.

[IsThisOneTaken?]

You are required to keep insurance on your vehicle. Even if you don't have your card in your possession, the insurance companies now report insurance status to DMV, and your insurance coverage is attached right to the your vehicle data. When an officer "runs" the plate, they can find out if the car is insured most of the time. So, if she didn't have it with her, the officer could have found out if she was insured and issued a citation if necessary.

Failure to present proof of insurance can carry up to a $500 fine and jail time.

[SoCiEtY's ReBel]

Originally Posted by lisalynn

I was in a accident 3 months ago, the individual that hit me did not have insurance, The insurance company is now trying to collect my deductible. She said she would make payments but as of right know I have seen nothing and she is not returning the insurance company phone calls.

Is there any law in Nebraska if you are caught without insurance you are fined or what recourse do I have?
It would be nice if she would loose her license until my deductible was paid for.

Basically, it comes down to a civil matter... You will need to sue her for any money out of your pocket...