The Person Who Hit Me Doesn’t Have Car Insurance – What Are My Options?

Mississippi has some of the highest rates of uninsured motorists nationwide. If you’re in an accident in this state, there’s a 30% chance that the person who hit you doesn’t have insurance. And this doesn’t even account for the many drivers in the state who only carry minimum insurance limits, so would be classified as underinsured. So, what happens if you are in an accident with a driver who doesn’t have car insurance or only has these minimum limits?

Mississippi Auto Insurance Laws

Whether a driver is an uninsured motorist (UM) or an underinsured motorist (UIM), Mississippi treats them the same. This is because the state includes underinsured drivers in its official definition of uninsured drivers.

According to Mississippi law, every auto insurance policy issued in the state must have uninsured motorist (UM) coverage. The only way for a driver not to have this coverage is for them to specifically reject it in writing.

Mississippi requires that all motorists carry liability insurance with the following minimum limits:

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

These sound like adequate limits, but they’re actually quite low. Assuming you are in an accident and are seriously injured, the damages for medical care, lost wages, and pain and suffering could easily be over $100,000. When the driver doesn’t have adequate coverage, or no coverage at all, this can be a problem.

Who Pays If You Are Hit by an Uninsured Motorist?

If the driver who hit you doesn’t have insurance, you have the right to sue them for damages. But, if they failed to secure auto insurance, there’s a good chance that they’re not going to have any financial assets either.

Fortunately, a majority of drivers in Mississippi that have auto insurance also have uninsured motorist coverage. Even if you only have those minimum limits, you might have additional coverage available due to something called “stacking.”

If your insurance policy covers more than one vehicle, you can “stack” coverage in most situations. So, if you cover two vehicles, that $50,000 per accident for bodily injury limit becomes $100,000, and the $25,000 per person becomes $50,000.

Mississippi also applies what is called a “set off” when uninsured motorist coverage is a factor, and both parties have some form of coverage. For example, you might get into a serious accident with someone who only carries minimum liability limits. If you also have UM coverage equal to $50,000 per person and $100,000 per accident, there is a set off that leaves you with only $25,000/$50,000 in coverage. In some cases, this set off can leave you with an incredible shortfall to cover your damages.

Obtaining Compensation for Accidents Caused by Uninsured Drivers

In most cases, you will be making an uninsured motorist claim with your own insurance company. You might assume this would be easier, but the truth is that it can still be challenging. Insurance companies aren’t in the business of paying fair claims. They want to make money and do so by paying out as little as possible.

After you’ve filed your claim, it will be up to you to build a strong case for maximum compensation. An experienced and aggressive car accident attorney can ensure that your insurance company holds up its end of the contract by compensating you for various damages, including:

• Medical expenses
• Lost income
• Property damage
• Pain and suffering

In addition to your own insurance company, you still have the option of pursuing the driver directly for compensation. In some cases, a third party may carry some degree of fault as well. Your attorney can conduct an independent investigation into your accident to identify all responsible parties, so you have a chance for the best possible outcome.

A Mississippi Car Accident Attorney Can Help With Uninsured Motorist Claims

If you or someone you love has suffered injury in an accident caused by an uninsured or underinsured driver, you need the assistance of a skilled and knowledgeable Mississippi car accident attorney. Your attorney can review your insurance policy to determine what benefits you’re entitled to, as well as find creative avenues to pursue the compensation you need and deserve.

At Mississippi Car Accident Attorney, we are dedicated to the pursuit of justice for our readers. Our mission is to educate and help the people of Mississippi pursue maximum awards for their injuries.