Mississippi Car Accident Settlement Process and Timeline

Mississippi’s car accident laws follow a comparative negligence system and give victims three years to file their claims. Understanding the car accident settlement process is crucial to protecting your rights and maximizing your chances of receiving a fair settlement.

The car accident settlement process can feel overwhelming and challenging. An experienced car accident attorney in Mississippi can guide you through the process and help you receive the fair compensation you deserve.

Essential Steps To Take After a Car Accident in Mississippi

After an accident, your safety and the safety of others are the first priorities. Once you’ve ensured everyone’s safety, you must take several critical steps to protect your legal interests and comply with Mississippi law.

Report the Car Accident

Mississippi code requires drivers to report car accidents in certain circumstances. You must immediately contact law enforcement if the accident involves:

• Any injury or death to a person
• Property damage exceeding $500 to any vehicle

You should notify law enforcement authorities as soon as possible using the fastest means of communication. When reporting the accident, contact:

• The local police department if the crash occurred within city limits
• The county sheriff’s office or the Mississippi Highway Patrol, if it happened outside municipal boundaries

The highway patrol or the sheriff responding to the scene will investigate the accident. Within six days after completing the investigation, they will forward a written report of the accident to the Mississippi Department of Public Safety. The Department may also ask the drivers involved for supplemental reports in case the original report is insufficient. This includes additional information from witnesses to help in the investigation.

Show proof of your liability insurance

Mississippi requires all drivers to maintain liability insurance coverage. The driver or motor vehicle operator should have the insurance card either in a physical copy or an electronic image. Failure to show proof of insurance in your car could result in a $100 fine. Your driving privilege can be suspended for a year or until you show proof of your liability insurance. You’re also responsible for paying the fines and fees set by the Department of Public Safety.

If you have a valid insurance at the time of the accident but are unable to show proof, it’s possible to have your case dismissed. You can present the insurance evidence at the hearing or at the payment date to prove that it was in effect. The court will waive all costs and will dismiss the case with prejudice.

Mississippi Car Insurance Requirements

Mississippi Code requires the following minimum insurance coverage amounts:

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

These are to provide protection for those who suffer damages or injuries in an auto accident.

How Mississippi’s Comparative Negligence Law Affects Your Settlement Claim

Mississippi follows a pure comparative negligence rule. Under this rule, the injured party can still recover money even if they were partially at fault. The jury will reduce the amount of damages awarded based on their percentage of fault or how much the injured person contributed to the accident or damage.

For example, if damages total $100,000 and you’re determined to have been 30% at fault, the jury will reduce the amount you can recover by $30,000, resulting in $70,000 in compensation.

After an accident, you have three options:

• You can file a claim with your own insurance company
• You can file a claim with the insurance company of the at-fault driver
• You can file a lawsuit against the party at fault

Types of Damages You Can Recover

Mississippi law allows accident victims to pursue various types of damages:

Economic Damages

• Medical expenses, including ongoing medical treatment and medical care
• Lost wages and diminished earning capacity
• Property damage and vehicle repair or replacement costs
• Rehabilitation and therapy expenses

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Permanent disability or disfigurement

Mississippi does not limit the economic damages a victim can claim. However, Mississippi code establishes a statutory limit of $1,000,000 for non-economic damages.

Observe Mississippi’s Statute of Limitations

Under Mississippi civil statutes of limitations, accident victims have three years from the date of the accident to file car accident lawsuits for personal injury and property damage claims. If you miss this deadline to file, you might lose your right to file for compensation.

There are exceptions to the statutes of limitations. In certain circumstances, the deadline delays its start. These include:

• If the injured person is a minor under 18 years old at the time of the accident, the three-year period starts to run on their 18th birthday
• If the injured person is mentally incapacitated or of unsound mind, the statute of limitations may not begin until the removal of their disability as provided by law
• If the car accident involves a government entity, Mississippi Code requires a notice within 90 days of the accident, and the party must file the action within a year

The maximum amount of extension for a car accident statute of limitations is 21 years.

Working With Insurance Companies

After you file a report of the car accident, insurance adjusters will conduct their own investigation. They will review the police reports, medical records, witness statements, and other relevant evidence. They will then make a car accident settlement offer.

It is important to remember that insurance companies operate as businesses. They sometimes focus on minimizing the settlement check. If you think you deserve a better settlement, consult a car accident attorney to ensure fair compensation and a settlement offer that covers all the injuries and damages you sustained.

Seek Legal Advice From a Mississippi Car Accident Attorney

Dealing with the aftermath of an auto accident is overwhelming. In most cases, you will be handling insurance calls and worrying about your medical bills. An experienced car accident lawyer can help you review your car accident case, help you understand the legal complexities of the Mississippi settlement process, and ensure you receive fair compensation. If you’re feeling overwhelmed and need assistance gathering evidence and negotiating your insurance claim, contact a Mississippi car accident lawyer.