Rule Hub · DrivingUS requirements, state by state

Is Nebraska an At-Fault or No-Fault State?

No — Nebraska is an at-fault (tort) state, not a no-fault state.

Fault system
At-fault (tort)

Nebraska never adopted a no-fault act. The driver at fault — through that driver's liability insurance — pays, and the Uninsured and Underinsured Motorist Insurance Coverage Act is written the same way, covering people "legally entitled to recover compensatory damages" from the other motorist. There is no injury threshold to clear before suing and no PIP layer underneath.

Comparative negligence rule
Modified comparative — 50% bar

Nebraska bars recovery at 50%, not 51%. Your damages are cut in proportion to your share of the fault, but if your contributory negligence "is equal to or greater than the total negligence of all persons against whom recovery is sought" you take nothing. Split the blame down the middle and you recover nothing at all. The jury must be told what its allocation will do, and the Nebraska Supreme Court has repeatedly called a failure to give that instruction reversible error.

How Nebraska compares with every other state

What the fault rule decides

In an at-fault state the driver who caused the crash — through their liability insurer — pays for the harm. That is the arrangement in 38 of the 51 jurisdictions on this site, so it is the one most US advice assumes. The practical consequence is that your recovery depends on two things you do not control: how much liability cover the other driver bought, and what share of the blame you are assigned.

Modified comparative fault turns the case into a percentage. On a hypothetical $100,000 of damages — arithmetic, not a figure from Nebraska law — being 20% to blame leaves you $80,000, and being 40% to blame leaves you $60,000. Cross the line at 50% and the award is not reduced, it is gone. 10 of the 50 jurisdictions on this site draw the line in the same place, and the whole dispute after a serious crash tends to be about which side of it you land on.

Every statute cited for Nebraska

Why the rule looks like this

More on Nebraska

Checked against the primary sources above on September 28, 2026. If a figure here is wrong, tell us and we will fix it — what we have corrected so far is public.