Nebraska Accidents

FAQ | Glossary | Resources
EN ES

Wrecked on I-80 near Kearney by an uninsured semi - is there still a way to get paid?

“hit by an 18 wheeler near Kearney and the truck driver had no insurance am I screwed”

— Miguel R., Kearney

A Kearney plumber got sideswiped by a semi on the interstate and now the worst part is finding out the driver had no insurance at all.

A truck driver having no insurance does not automatically mean you're out of luck in Nebraska.

But it does mean the claim gets meaner, faster.

If you're a plumber in Kearney and an 18-wheeler drifted over on I-80 and ripped up your van or pickup, the first thing to understand is this: Nebraska is an at-fault state, and drivers are supposed to carry liability coverage with minimum limits of 25/50/25. So when a semi driver has nothing, somebody already broke a basic rule of the road before your claim even started.

That changes where the money fight goes.

The first place to look is your own policy

Most people think, "It wasn't my fault, so why would my insurance matter?"

Because uninsured motorist coverage is exactly for this kind of mess.

In Nebraska, uninsured and underinsured motorist coverage is a standard part of auto insurance unless it was properly rejected in writing. For injuries, your own UM coverage may step in when the at-fault driver has no liability insurance. If your shoulder, neck, back, or hand got lit up after the sideswipe, that's the coverage people usually end up leaning on.

Property damage is a different fight. Nebraska's uninsured motorist rules are mostly about bodily injury. So if your work truck, copper fittings, threader, camera, and the rest of your gear got smashed, payment for the vehicle often depends on whether you carry collision coverage. If you do, your insurer may pay for repairs or total loss value, minus your deductible, then go chase the uninsured truck driver later. If you don't, that part gets ugly.

And for a plumber, "vehicle damage" isn't just a dented door. It's missed service calls in Buffalo County, canceled installs, maybe no way to haul tools to jobs in Gibbon or Shelton for a week.

A commercial vehicle makes this more complicated than a normal crash

An uninsured "truck driver" is not always the same thing as an uninsured trucking company.

That distinction matters a lot.

If the 18-wheeler was hauling under a carrier's authority, leased to a company, or operating for a business with separate coverage, there may still be insurance somewhere in the chain even if the driver personally had none. The tractor, trailer, carrier, broker, and employer relationships can be a damn maze. One card in the cab doesn't tell the whole story.

This is where the crash report matters. If Nebraska State Patrol worked the wreck on the interstate, the report may identify the driver, owner, carrier, unit numbers, and other details that help figure out whether there was actually no coverage at all or whether somebody is just ducking the claim.

A lot of people hear "no insurance" from an adjuster or from the driver at the scene and assume that's the end of it. It isn't.

The bad news: your own insurer is not suddenly your friend

If you make a UM claim, your insurance company steps into the shoes of the uninsured driver for the injury part of the case.

That sounds fine until you realize what it really means.

Your insurer may start arguing about speed, lane position, blind spot visibility, whether you were already drifting, whether the impact was "minor," or whether your back problems came from years of crawling under sinks and hauling water heaters instead of the crash. For a plumber, that last one comes up constantly. Insurers love blaming pain on the trade.

On I-80 near Kearney, that sideswipe can happen in seconds, especially in spring when crosswinds kick up across the Platte River valley and traffic is running fast. But if the truck moved into your lane and pushed you over, fault still matters. Nebraska uses a modified comparative fault rule. If you're found 50% or more at fault, you're barred from recovering. If you're less than 50% at fault, your recovery gets reduced by your share.

Here's what usually helps most in a case like this:

  • Nebraska State Patrol report, dashcam footage, photos of lane markings and side damage, 911 audio, ECM or telematics data if it exists, repair estimates, and prompt medical records tying your injuries to the wreck

That side-swipe damage pattern can tell a story by itself. Long scraping down one side of your truck, mirror damage, wheel well damage, transfer paint from the tractor or trailer - that stuff often lines up better than anybody's memory does two months later.

Lost income matters more for a plumber than insurers want to admit

If you work with your hands, even a "soft tissue" crash can blow up your income.

A shoulder strain means lifting pipe hurts. A neck injury means turning to back into driveways or check mirrors becomes a chore. Hand numbness means using channel locks, threading, cutting, and overhead work turns slow and sloppy. Insurers act like missing a few service calls is no big deal. For self-employed tradespeople, it's the whole paycheck.

Don't just think in terms of hospital bills. Think canceled jobs, subcontractors you had to pay to cover work, rental vehicle costs, ruined materials, and whether you had to turn down larger plumbing jobs because you couldn't safely handle them.

Timing matters, especially when everybody starts pointing fingers

Nebraska gives you time to file a lawsuit in a car crash case, but waiting is still a mistake.

Not because your claim "dies" overnight. Because evidence does.

Tow yard photos disappear. Dashcam clips get overwritten. Witnesses driving through Kearney on I-80 are gone to Wyoming, Iowa, or Kansas by the next day. Trucking records don't stay around forever unless somebody demands they be preserved. And once the uninsured angle surfaces, every insurer involved starts looking for a way to pay less.

If the truck driver truly had no coverage, your realistic paths are usually your own UM coverage for injuries, your own collision coverage for vehicle damage if you bought it, possible medical payments coverage if it's on your policy, and a deeper look at whether a carrier or business behind the truck had insurance after all.

So no, you're not automatically screwed.

But if you assume "uninsured driver" means "no claim," that's exactly how this turns from a bad I-80 crash outside Kearney into a financial disaster.

by Jessica Hoagland on 2026-03-24

Nothing on this page should be taken as legal advice — it's general information that may not apply to your specific case. If you've been hurt, a lawyer can tell you where you actually stand.

Get a free case review →
FAQ
Whose insurance pays if I'm hurt as an Uber passenger in Fremont?
FAQ
Should I just use insurance or file a Fremont road hazard claim too?
Glossary
yaw marks
Like the curved streak left by a shopping cart when it swings too fast through a turn, these are...
Glossary
operating agreement
People often mix up an operating agreement with articles of organization, but they do different...
← Back to all articles