Whether you’re driving along I-55 or taking a backroad in rural Mississippi, car accidents can happen when you least expect them. Knowing your legal rights after a crash is essential—especially when it comes to fault, insurance, and timelines for filing a claim. Mississippi’s laws tend to favor at-fault drivers, so it’s especially important for injury victims to understand how the system works and what steps to take after an accident.
Mississippi Is an At-Fault State
Mississippi follows a fault-based system for car accidents. This means the driver who caused the crash is financially responsible for the other driver’s injuries and damages. If you’re the victim, you can:
- File a claim with your own insurance company
- File a third-party claim with the at-fault driver’s insurer
- File a personal injury lawsuit directly against the at-fault party
Gathering evidence at the scene and getting a police report is vital to support your claim.
Pure Comparative Negligence in Mississippi
Mississippi uses a pure comparative negligence rule. This means you can still recover damages even if you were partially at fault for the crash—even up to 99% responsible. However, your compensation will be reduced by your percentage of fault.
For example, if you’re awarded $100,000 but are found 30% at fault, you’d receive $70,000.
Minimum Car Insurance Requirements
All drivers in Mississippi must carry minimum liability insurance with the following limits:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
These are the bare minimums, and they may not cover the full cost of a serious crash. Uninsured/underinsured motorist (UM/UIM) coverage is not required by law, but it is highly recommended.
Statute of Limitations in Mississippi
If you’ve been injured in a car accident, you have three years from the date of the crash to file a personal injury lawsuit. For property damage claims, the deadline is also three years.
Failing to meet this deadline could permanently bar you from recovering compensation through the court system.
When to Report a Crash
Under Mississippi law, you must report a crash to the police if:
- Someone is injured or killed
- There appears to be $500 or more in property damage
You should also report the accident to your insurance company as soon as possible, regardless of who was at fault. A police report can help validate your claim and support your version of events.
What If the Other Driver Has No Insurance?
Mississippi has one of the highest rates of uninsured drivers in the country. If you’re hit by someone without insurance, you’ll need to rely on your own uninsured motorist (UM) coverage—if you’ve purchased it. This optional coverage can help pay for medical bills, lost wages, and pain and suffering.
UM/UIM coverage is often a lifeline for victims injured in hit-and-run crashes or by underinsured drivers.
What Damages Can You Recover?
If you’re hurt due to someone else’s negligence, you may be able to recover compensation for:
- Medical expenses (current and future)
- Lost income and earning capacity
- Pain and suffering
- Emotional distress
- Property damage
In cases involving reckless or intentional misconduct, punitive damages may also be awarded.
Can Passengers File Claims Too?
Yes. Injured passengers have the same rights as drivers when it comes to filing insurance claims. Depending on who was at fault, passengers may be able to seek compensation from the driver of the vehicle they were in or another involved party.
Passengers rarely share liability, making their cases generally easier to prove.
Why Legal Representation Can Help
Although Mississippi’s pure comparative fault rule may allow recovery even in complicated situations, insurance companies may use that rule to try to shift blame and reduce payouts. A skilled car accident attorney can investigate your case, gather evidence, and advocate for the maximum compensation you deserve. Most work on a contingency basis, meaning you don’t pay unless you win.