Free Personal Automobile Policy Study Guide

Nebraska Casualty exam — Personal Automobile Policy.

The Personal Auto Policy itself (Parts A through F, insureds, covered autos, exclusions) is covered in the national Personal Auto Policy guide. Nebraska is an at-fault state with compulsory liability insurance, mandatory UM and UIM and modified comparative negligence. This guide covers:

  • the Motor Vehicle Safety Responsibility Act and compulsory insurance law (Chapter 60)
  • the UM/UIM Insurance Coverage Act (44-6401 and following)
  • the auto cancellation statutes (44-514 to 44-520)
  • the auto claim rules in 210 NAC 45 and 60

Compulsory insurance and financial responsibility

Minimum limits: 25/50/25 (Neb. Rev. Stat. 60-534)

  • $25,000 bodily injury per person
  • $50,000 per accident
  • $25,000 property damage

What the policy must do

  • Cover the named insured and anyone driving with express or implied permission, anywhere in the United States and Canada.
  • The insurer's liability becomes absolute once a covered loss occurs (60-538). A binder satisfies the requirement (60-543).

Compulsory insurance rules

  • An owner may not let a registered vehicle be driven without a current liability policy, evidence of insurance or proof of financial responsibility (60-3,167).
  • Registration requires proof of insurance (60-387). Proof may be shown electronically on a phone, and showing it doesn't consent to a search of the phone (60-387.01).
  • Penalties. A violation suspends the owner's license, registration and plates until compliance. The owner must then keep proof of financial responsibility for three years. A driver who can show the prosecutor within 10 days that coverage was in force gets the citation dismissed.

Proof of future financial responsibility

  • SR-22. In Nebraska the insurer's certificate is called an SR-22 certificate (60-529). Starting July 1, 2027, it must be filed electronically by an authorized insurer.
  • Other forms of proof (60-528): a bond, a deposit of $75,000 per vehicle with the State Treasurer (60-549), or self-insurance for owners of more than 25 vehicles (60-562).
  • An insurer can't cancel a certified policy until 10 days after notice (60-544).
  • Judgments. An auto judgment unpaid for 60 days leads to suspension of the debtor's license and registration (60-516).

Fault: modified comparative negligence

  • A claimant's damages are reduced by their share of fault. Recovery is barred if the claimant's negligence is equal to or greater than the total negligence of all defendants (25-21,185.09). That's a 50% bar.
  • With more than one defendant, economic damages are joint and several. Noneconomic damages are several only, by each defendant's share (25-21,185.10).
  • A plaintiff who wins a judgment on an insurance policy recovers a reasonable attorney's fee (44-359). This doesn't apply to workers' comp or when the judgment doesn't beat a prior offer.

Uninsured and underinsured motorist coverage (44-6401 to 44-6413)

Required coverage (44-6408)

  • Every auto liability policy on a vehicle principally garaged in Nebraska must include both UM and UIM, at $25,000/$50,000.
  • On written request, the insurer provides higher limits under its rating plan, but it needn't go above $100,000/$300,000.
  • UM/UIM needn't be offered on umbrella or excess policies.

What counts as uninsured (44-6405, 44-6407)

  • A vehicle whose insurer denies coverage or becomes insolvent within four years after the accident.
  • A hit-and-run with no contact, if it was reported to law enforcement and the facts are corroborated by an independent, disinterested person.
  • Not included: government-owned vehicles.

Stacking and priority (44-6410, 44-6411)

  • No stacking of UM/UIM limits across vehicles.
  • With multiple policies, recovery is limited to the highest single limit.
  • Coverage on the occupied vehicle is primary. Other coverage is excess.

Other rules

  • Medical payments don't reduce UM/UIM limits, but UM/UIM won't pay again for expenses medpay already paid (44-6409).
  • Exclusions. No coverage while occupying a vehicle the named insured or a resident relative owns but didn't insure on the policy. The policy can't exclude a permissive occupant (44-6413).
  • UIM settlements. When the insured gives notice of a tentative settlement, the UIM insurer has 30 days to substitute its own payment. Otherwise it loses subrogation for UIM amounts (44-6412).

Cancellation and nonrenewal (44-514 to 44-520)

Scope. Private passenger cars and station wagons not used for livery or rental, and pickups not used in business. Assigned risk and garage policies are excluded. A policy in force under 60 days (not a renewal) is exempt.

Allowed reasons for cancellation (44-515)

  • nonpayment
  • fraud or material misrepresentation, or violation of policy terms
  • suspension or revocation of the license of the named insured or a regular operator

Notice (44-516, 44-517)

  • Cancellation: at least 30 days, or 10 days with the reason for nonpayment. It goes by registered, certified or tracked first-class mail.
  • Reason on request: the insurer sends it within 5 days of the request.
  • Nonrenewal: at least 20 days before the end of the term, unless the insurer offered to renew or the premium wasn't paid.
  • Assigned risk notice: every cancellation or nonrenewal notice must tell the insured about possible eligibility through an affiliated insurer or the automobile liability assigned risk plan (44-520).
  • Proof: evidence of mailing to the last known address is proof of receipt (44-519).

Rating disclosure. Insurers disclose the location used to set the rate and whether credit-based rating was used (44-7516.01).

Auto claims rules (210 NAC 45 and 60; 44-1540)

Repairs

  • An insurer can't require a particular repair shop. It isn't liable for more than the lowest estimate for like kind and quality repair.
  • If the claimant's shop estimate is higher, the insurer may pay the difference, name a quality shop that will do the work for its estimate, or negotiate with the claimant's shop.
  • Aftermarket parts must be at least equal to the originals in fit, quality and performance. Their use must be disclosed in writing on the estimate in at least 10-point type.
  • The claimant gets a copy of the estimate. Betterment and depreciation deductions must be itemized in dollars.
  • The insurer pays all reasonable towing, gives notice before ending storage payments, and can't make the claimant travel an unreasonable distance.

Subrogation and third parties

  • The insured's deductible is included in subrogation demands.
  • Third-party claimants can't be steered to their own insurer just to delay payment.

Salvage (60-171, 60-173)

  • A late-model vehicle is salvage when repairs reach 75% of its retail value.
  • The insurer takes title and applies for a salvage branded title. An owner who keeps the salvage sends in the title within 30 days.

Transportation network companies (75-333 to 75-341)

TNC stage Required primary coverage
App on, waiting for a ride request $25,000/$50,000/$25,000
Engaged in a ride, passenger on board $1,000,000 liability
  • Coverage may come from the driver, the TNC or both.
  • Drivers carry proof of TNC coverage while using the app.
  • A personal auto insurer may offer a TNC endorsement for a separately stated premium.

Common exam traps

  • Minimums are 25/50/25. UM and UIM are both required at 25/50.
  • Nebraska bars recovery when the claimant is 50% or more at fault.
  • Cancellation notice is 30 days, or 10 days for nonpayment. Nonrenewal notice is 20 days.
  • The SR-22 goes electronic-only on July 1, 2027.
  • UM/UIM can't be stacked. A no-contact hit-and-run needs independent corroboration.

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Practice questions are study aids generated for exam preparation and are not actual exam questions. Content is provided for educational purposes and is not legal advice. Verify current statutes, rules, and exam specifications with the Insurance Department and the exam administrator before relying on it.