Our Areas Of Practice

Personal
Injury

Workers’
Compensation
Wrongful
Death
Insurance
Settlements
and Mediation
Railroad Injuries
(FELA) And
Retaliation

Obtaining Compensation In Uninsured/Underinsured Motorist Claims

If you have been the victim of a motor vehicle accident, you are entitled to be made whole for the harms and losses caused by the negligent motorist. This includes compensation to you and your family for: past and future medical and pharmaceutical expenses, lost wages, past and future physical/psychological impairment and disability, loss of future earnings and earning power, mental distress, loss of enjoyment of life, pain and suffering, and inconvenience. Compensation for your damages is potentially recoverable from various sources depending on the specific circumstances of your claim and insurance coverage in force.

Were you involved in an accident with an uninsured or underinsured motorist? Call 402-817-2717 or toll free at 800-655-9606 to discuss your case in a free initial consultation. With offices in Omaha and Lincoln, we serve clients throughout Nebraska and Iowa.

Diligent Advocacy To Pursue Maximum Compensation

At Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O., we work diligently to ensure our clients are fully compensated for their injuries, and we carefully review all potential sources of recovery, including:

  • Automobile liability insurance of the negligent driver We seek compensation up to the policy limits of the negligent driver’s insurance, or any other party or entity, who may be responsible for the actions of the negligent driver. In cases where inadequate insurance exists, the assets of all parties responsible may also be recoverable.
  • Uninsured/underinsured coverage (UM/UIM) If the negligent driver has inadequate coverage or no automobile coverage at all, we may seek recovery under your own uninsured (UM) or underinsured (UIM) motorist insurance policy. (See below.)
  • Medical payments coverage (Med-Pay) If you have medical payments coverage on your automobile insurance policy, this coverage may also be available to pay medical expenses incurred in a motor vehicle accident regardless of who is at fault.

Understanding Uninsured And Underinsured Motorist Coverage

Unfortunately, far too often our clients are faced with one of the following scenarios:

1) The negligent driver who caused a motor vehicle accident has no automobile liability insurance. Although Nebraska law requires that all motorists carry automobile liability insurance, not everyone follows the law. A study released in April 2011 by the Insurance Research Council estimated that one in seven drivers is uninsured. The unfortunate victims of uninsured motorists, often recover nothing from the uninsured motorist unless that motorist has recoverable personal assets. Unfortunately, and not surprisingly, most motorists who neglect to carry automobile liability insurance have no recoverable personal assets to reimburse the injured victim for his or her losses.

2) The negligent driver’s automobile liability insurance limit is inadequate to compensate the injured party/parties for their losses. Nebraska requires relatively low-minimum liability policy limits of $25,000 per person and $50,000 per accident ($25,000/$50,000). This means that the liability of the negligent driver’s insurance company is limited to pay $25,000 to any one victim for his or her losses and a maximum of $50,000 to all victims. These days, it is not uncommon for a seriously injured motor vehicle accident victim to incur $25,000 in hospital bills in just a few days.

In either of the above scenarios, the injured party is forced to pursue a UM/UIM claim against his or her insurance provider. Nebraska law requires that all motorists carry UM/UIM insurance coverage. This coverage typically covers the difference between the victim’s UM/UIM coverage limit and the negligent driver’s coverage limit. The amount of additional UM/UIM moneys available to an injured party varies with the UM/UIM coverage limit provided in the injured party’s motor vehicle insurance policy. Please read our article, Auto Accidents: Insurance to Protect You and Your Loved Ones for recommendations on obtaining adequate UM/UIM coverage.

Unfortunately, for a variety of reasons, insurance companies will not voluntarily pay over UM/UIM proceeds. Amongst others, these reasons can include:

  1. That the injured party allegedly failed to follow a procedural policy requirement
  2. The insurance company believes that an injury was not sustained as a result of the motor vehicle accident
  3. The insurance company believes that medical treatment obtained was not reasonable or necessary, or
  4. That the insurance company believes the injured party was already fully compensated for his or her injuries by the negligent driver’s insurance limits

At Atwood, Holsten, Brown, Deaver & Spier, our lawyers have successfully dealt with these insurance issues on countless occasions. As part of our legal representation, we handle all elements necessary toward successful prosecution of a car accident claim to assist you in obtaining full compensation for your injuries and damages.

Contact Our Qualified Legal Team For Assistance

Call our firm at 402-817-2717 or toll free at 800-655-9606 to speak with one of our experienced uninsured motorist attorneys. The consultation is free and without obligation. You may also contact us online.

Rated by Super Lawyers Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017 AV PeerReviewRated | For Ethical Standards And Legal Ability AV PeerReviewRated | For Ethical Standards And Legal Ability ABA - Defending Liberty Pursing justice NATA

What Our Clients Say

The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance.

- WN

I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen...

- DW

"...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..."

- CG

"...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O."

- RD

"...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..."

- HR

Get A Free Consultation Now

Get Help Today. Call Us At 800-655-9606

Omaha Office
14301 First National Bank Parkway
Suite 100
Omaha, NE 68154

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
Atwood Holsten Brown Deaver Spier
Lincoln Office

575 Fallbrook Boulevard Suite 206
Lincoln, NE 68521

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410