Car Accidents Involving Uninsured or Underinsured Drivers in Mississippi

Being involved in a car accident has the potential to be a life-changing experience. At the very least, a car accident is an expensive inconvenience that results in more tasks and to-dos—the last thing that you need. At the very worst, a car accident could lead to fatal or permanent injuries, result in lost wages and loss of earning capacity, and cause pain, suffering, and emotional distress.

Perhaps the only thing worse than the idea of being in a car accident is the idea of being in a car accident with a driver who doesn’t have insurance coverage. If you’re involved in a car accident with an uninsured or underinsured driver in Mississippi, here’s what you should know about your rights and how to recover damages:

Facts About Uninsured Drivers in Mississippi

Driving without insurance is a big problem in the United States. To be sure, the Insurance Information Institute (III) reports that in 2019, about one in eight drivers were uninsured. The same study reports that Mississippi has the highest estimated percentage of uninsured motorists, with an estimated 29.4 percent of motorists driving without insurance. With nearly 30 percent of drivers in our state uninsured, getting behind the wheel in Mississippi is extra risky. And if you’re in a car accident with an uninsured driver, knowing what to do is very important.

Mississippi’s Car Accident Fault Laws

Mississippi is an at-fault car accident state. This means that if you’re involved in an accident with another driver who is found to be at fault for the accident, you maintain the right to request compensation from them for damages, typically through their insurance carrier. In the event that you cannot reach a settlement amount, you have the right to file a lawsuit for damages against the at-fault party. Again, these types of claims are typically paid, settled, or litigated by/through an insurance company.

This means that if you are pursuing damages from an at-party party who doesn’t carry liability insurance, recovering compensation can be more difficult.

How Will I Recover Compensation if Hit by an Uninsured or Underinsured Driver?

If you are hit by an uninsured or underinsured (a driver who has some insurance, but not enough to fully cover the value of damages you suffer) driver, you may be very nervous about what your options for recovery are, especially if your damages total into the tens of thousands of dollars or more.

To help accident victims reduce their risk, the state of Mississippi requires insurance companies to offer all policyholders uninsured and underinsured motorist coverage—drivers must indicate in writing if they want to opt out of this coverage option. In the event that you are involved in an accident with a driver who doesn’t have insurance or doesn’t have enough insurance to cover your costs, your uninsured/underinsured coverage through your own policy can be used to cover:

• Cost of vehicle repairs
• Medical bills
• Pain and suffering
• Lost income
• Any other economic/non-economic costs

Can I File a Lawsuit Against an Uninsured/Underinsured Driver?

Sometimes, even the courage that you have through your uninsured/underinsured policy won’t be enough to cover the costs of your damages. When this is the case, you may be wondering what other options exist and whether you can file a lawsuit against the driver who hit you.

While a lawsuit may be allowed, note that if the driver was operating their vehicle without insurance, chances are high that they won’t have the economic means to pay damages, regardless of the outcome of a lawsuit. Therefore, this is rarely a recommended option.

There may be other avenues for recovering compensation or reducing your bills after a crash. For example, an attorney will be able to help you explore third-party liability of other parties, such as a negligent vehicle manufacturer or maintainer of a roadway. If anyone else’s fault contributed to the accident, your attorney will identify this and their proportion of liability. Your attorney may also be able to work with the hospital to significantly reduce the amount of medical bills you owe, which often make up one of the biggest chunks of total damages.

You Have Rights After a Crash

After being involved in a crash, it’s important to know that you have legal rights. Whether you’re involved in a crash with an uninsured driver or an insured driver, if you weren’t at fault for the crash, you can seek compensation for your injuries. If you have more questions about your rights, working with a Mississippi car accident attorney is recommended.