UM/UIM (UNINSURED/UNDERINSURED MOTORIST) DEMAND LETTER

State of Nebraska

[LAW FIRM LETTERHEAD]

PRIVILEGED AND CONFIDENTIAL
SETTLEMENT COMMUNICATION - FOR RESOLUTION PURPOSES ONLY
PROTECTED UNDER NE RULES OF EVIDENCE AND F.R.E. 408

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [ADJUSTER_EMAIL]

Date: [DATE]

[INSURANCE_COMPANY_NAME]
[UM_UIM_CLAIMS_DEPARTMENT_ADDRESS]
[CITY], [STATE] [ZIP]

Attention: [ADJUSTER_NAME], [ADJUSTER_TITLE]
Re: UM/UIM POLICY LIMITS DEMAND - NEBRASKA LAW
Insured/Claimant: [INSURED_CLAIMANT_NAME]
Policy Number: [POLICY_NUMBER]
Claim Number: [CLAIM_NUMBER]
Date of Loss: [DATE_OF_LOSS]
UM/UIM Policy Limits: [UM_UIM_LIMITS]
Tortfeasor: [TORTFEASOR_NAME]
Tortfeasor's Carrier: [TORTFEASOR_CARRIER]
Tortfeasor's Limits: [TORTFEASOR_LIMITS]
Response Deadline: [RESPONSE_DEADLINE]

Dear [ADJUSTER_NAME]:

I. INTRODUCTION AND NATURE OF DEMAND

This firm represents [CLIENT_NAME] ("our client") in connection with a claim for [UNINSURED/UNDERINSURED] motorist benefits under Nebraska law arising from a motor vehicle collision on [DATE_OF_LOSS]. This letter constitutes a formal demand for payment of the full UM/UIM policy limits of [UM_UIM_LIMITS].

Our client's damages far exceed the available coverage. Under Nebraska law, UM/UIM coverage exists precisely for situations like this - to protect your insured when the negligent party lacks sufficient coverage.

II. NEBRASKA UM/UIM LAW

A. Stacking Rules in Nebraska

Stacking permitted. Neb. Rev. Stat. 44-6408

B. Coverage Analysis Under Nebraska Law

C. Coverage Trigger

For Uninsured Motorist (UM) Claims:

The tortfeasor qualifies as an "uninsured motorist" under Nebraska law because:

• The tortfeasor had no liability insurance at the time of the collision
• The tortfeasor's insurer has denied coverage
• The tortfeasor's insurer is insolvent
• The tortfeasor was a hit-and-run driver who cannot be identified
• The tortfeasor's insurance limits are less than state minimum requirements

For Underinsured Motorist (UIM) Claims:

The tortfeasor qualifies as an "underinsured motorist" under Nebraska law because:

• The tortfeasor's liability limits of [TORTFEASOR_LIMITS] are insufficient to compensate our client
• Our client has exhausted/will exhaust the tortfeasor's policy limits
• Our client's damages exceed the available coverage

III. THE COLLISION AND LIABILITY

A. Facts of the Collision

On [DATE_OF_LOSS], at approximately [TIME], our client was [DESCRIBE_CLIENT_ACTIVITY] at or near [LOCATION_OF_COLLISION] in Nebraska.

[DETAILED_DESCRIPTION_OF_COLLISION]

B. Tortfeasor's Negligence

The tortfeasor, [TORTFEASOR_NAME], was negligent under Nebraska law in the following respects:

• Failure to maintain proper lookout
• Failure to yield right-of-way
• Following too closely
• Excessive speed for conditions
• Distracted driving
• Running red light/stop sign
• Improper lane change
• Driving under the influence
• [OTHER_NEGLIGENCE]

C. Evidence of Liability

The following evidence establishes liability:

1. Police Report
[POLICE_DEPARTMENT] Traffic Crash Report (Report No. [REPORT_NUMBER])

2. Witness Statements
[NUMBER] independent witnesses observed the collision

3. Physical Evidence
Point of impact, vehicle damage patterns, and debris field analysis

4. Expert Analysis (if applicable)
[ACCIDENT_RECONSTRUCTIONIST_NAME] has concluded [SUMMARY_OF_OPINION]

D. Our Client's Freedom from Comparative Fault

Under Nebraska law, our client bears no comparative fault for this collision.

IV. OUR CLIENT'S INJURIES AND TREATMENT

A. Injury Summary

As a direct and proximate result of this collision, our client sustained:

Primary Injuries:
- [PRIMARY_INJURY_1]
- [PRIMARY_INJURY_2]
- [PRIMARY_INJURY_3]

B. Treatment Timeline

C. Current Condition and Prognosis

[DESCRIBE_CURRENT_CONDITION_AND_PROGNOSIS]

D. Permanent Impairment

V. DAMAGES

A. Medical Expenses

Past Medical Expenses:

Future Medical Expenses (Present Value):

B. Lost Income

Past Lost Income:

$[TOTAL_PAST_LOST_INCOME]

Future Lost Earning Capacity:

$[FUTURE_LOST_EARNING_CAPACITY] (Present Value)

C. Pain and Suffering / Non-Economic Damages

[DESCRIBE_PAIN_AND_SUFFERING]

D. Damages Summary

VI. SETTLEMENT WITH TORTFEASOR'S INSURER

A. Settlement Status

We [HAVE REACHED/ARE PURSUING] a settlement with the tortfeasor's liability carrier, [TORTFEASOR_CARRIER], for the tortfeasor's policy limits of $[TORTFEASOR_LIMITS].

B. Consent to Settle / Preservation of Subrogation Rights

IMPORTANT: Pursuant to Nebraska law and policy terms, we hereby request consent to settle with the tortfeasor's carrier.

Please provide written consent within [NUMBER] days.

VII. DEMAND FOR UM/UIM BENEFITS

A. Calculation of UIM Benefits Due

B. Policy Limits Demand

We hereby demand payment of the full UM/UIM policy limits of $[UM_UIM_LIMITS].

Our client's damages of $[TOTAL_DAMAGES] vastly exceed the combined coverage available. This is a clear policy limits case under Nebraska law.

VIII. BAD FAITH WARNING

[CARRIER_SHORT_NAME] owes our client, its own insured, the duties of good faith and fair dealing recognized under Nebraska law.

Nebraska Bad Faith Standard:

Nebraska recognizes common law bad faith tort for first-party claims. Insurer acts in bad faith when it refuses to pay claim without reasonable justification. LeRette v. American Medical Security, 705 N.W.2d 41 (Neb. 2005).

Available Remedies for Bad Faith:

Compensatory damages, consequential damages, emotional distress, and punitive damages

Any attempt to deny, delay, or lowball this claim will be met with a bad faith action.

IX. ARBITRATION CONSIDERATIONS

A. Policy Arbitration Clause

The policy [CONTAINS/DOES_NOT_CONTAIN] an arbitration clause for UM/UIM disputes under Nebraska law.

[IF APPLICABLE: Quote arbitration clause and state procedural requirements]

B. Arbitration Demand (If Applicable)

If [CARRIER_SHORT_NAME] fails to accept this demand, consider this letter as notice of our intent to invoke arbitration under Nebraska law.

X. RESPONSE DEADLINE

This demand expires at 5:00 p.m. [TIME_ZONE] on [RESPONSE_DEADLINE].

Consequences of Non-Response

If [CARRIER_SHORT_NAME] fails to accept this demand:

1. We will invoke arbitration (if required) or file suit in Nebraska
2. We will pursue bad faith damages under Nebraska law
3. We will file a complaint with Nebraska Department of Insurance, 1526 K Street, Suite 200, Lincoln, NE 68508

XI. CONCLUSION

This claim presents clear liability, severe injuries, and damages far exceeding coverage. [CARRIER_SHORT_NAME] has an opportunity to resolve this matter fairly by paying the policy limits to its own insured under Nebraska law.

Respectfully submitted,

[LAW_FIRM_NAME]

By: _______________________________
[ATTORNEY_NAME]
[BAR_NUMBER]
[ADDRESS]
[CITY], NE [ZIP]
[PHONE]
[EMAIL]

Counsel for [CLIENT_NAME]

ENCLOSURES:
- Policy declarations page
- UM/UIM coverage provisions
- Police report
- Medical records and bills
- Photographs
- Expert reports (if applicable)

CC:
- [CLIENT_NAME]
- [TORTFEASOR_CARRIER] (re: consent to settle)

NEBRASKA UM/UIM LAW QUICK REFERENCE