How to Deal with Uninsured Motorists in a Mississippi Auto Accident
Mississippi has some of the highest rates of uninsured motorists in the nation. If you get hit by another driver, there’s a 30% chance that you’ve been involved in an accident with someone that has absolutely no insurance. And this doesn’t even touch on the scores of drivers that only carry minimum limits, so are otherwise considered underinsured.
Uninsured and Underinsured Motorist Laws in Mississippi
Mississippi requires that all motorists carry liability insurance with limits of at least $25,000 per person and $50,000 per accident. This sounds like a lot, but it really isn’t that much.
Assuming your accident was serious, property damage, medical bills, lost wages, and pain and suffering damages could easily top $100,000 or much more. When the driver that is at fault doesn’t have proper coverage, this becomes a complex issue.
You might feel an immediate sense of relief because you carry uninsured motorist coverage. Not so fast. This can help. But getting what you need and deserve from this coverage can be complicated.
What Happens If I’m Hit by An Uninsured Motorist?
If you were hit by an uninsured motorist, you could always sue them for damages. These efforts would be futile, however, if that driver didn’t have any financial resources to pay an award.
Most drivers in Mississippi have uninsured motorist coverage. Those that don’t have to specifically opt-out of the coverage when setting up a policy.
One of the most important benefits of this coverage is the ability to stack your coverage in most cases. Here is how stacking works: your insurance policy covers 2 vehicles with uninsured/underinsured motorist coverage of $25,000 per person/$50,000 per accident. When you can stack, you’ll have coverage for $50,000 per person/$100,000 per accident.
Another feature of uninsured motorist coverage in this state is referred to as the “set off.” Assume you’re in an accident with someone that carries coverage of $25,000 per person/$50,000 per accident. You have your own uninsured motorist coverage equal to $50,000 per person/$100,000 per accident. If you have $50,000 in total damages, there is a set off for the at-fault driver’s $25,000 in coverage, which leaves you with just $25,000 ($50,000-$25,000) in UM coverage remaining.
Using the same scenario, this would become an issue if you only carried $25,000 in UM coverage. This would leave you with $0 coverage and $25,000 short to cover your damages. Because the at-fault party’s $25,000 in coverage sets off your own $25,000 in coverage.
What Are Your Rights Following a Hit and Run Accident in Mississippi?
Experiencing a motor vehicle collision is stressful enough but discovering that the other motorist has fled the scene multiplies the anxiety. In Mississippi, a hit-and-run crash leaves victims facing unique legal, financial, and emotional hurdles. Understanding your legal rights is vital to safeguarding your health, securing financial recovery, and holding the responsible party accountable.
1. The Right to Seek Immediate Emergency Assistance
Under Mississippi law, your priority after any collision—including a hit-and-run—is safety. You have the uncompromised right to call 911 to request police intervention and emergency medical services. When law enforcement arrives, you have the right to have the incident officially documented through a police report. This document creates an official record of the crime, which is critical for your insurance claims and any subsequent investigation.
2. The Right to Pursue Financial Compensation
Even though the perpetrator has vanished, you are not stripped of your right to recover damages. Mississippi follows a fault-based (tort) system, meaning the person who caused the crash is financially liable. Because they fled, your path to compensation generally branches into two directions:
- Uninsured Motorist (UM) Coverage: In Mississippi, auto insurance companies are required to offer Uninsured Motorist coverage pursuant to [Mississippi Code § 83-11-103]. Unless you explicitly rejected this option in writing, your own policy treats a fleeing hit-and-run driver as an uninsured motorist (with specific requirements such as actual physical contact under Mississippi Code § 83-11-103 and reporting requirements under Mississippi Code § 83-11-105. You have the right to file a UM claim to cover medical bills, lost wages, vehicle property damage, and pain and suffering.
- Civil Lawsuit Upon Apprehension: If law enforcement successfully tracks down and identifies the fleeing driver, you possess the right to file a personal injury lawsuit directly against them. Through a civil claim, you can pursue economic and non-economic damages to make yourself whole.
3. Protection Under Mississippi’s Pure Comparative Fault Rule
If the fleeing driver is eventually found and they or their insurer attempt to shift blame, you are protected by Mississippi’s pure comparative system codified under [Mississippi Code § 11-7-15]. Under this law, even if you share a percentage of the blame for the initial collision, you still retain the right to recover compensation. Your total award will simply be reduced by your assigned percentage of fault.
4. Rights Under the Mississippi Crime Victims’ Bill of Rights
If the hit-and-run resulted in severe injuries or a felony classification (as fleeing an accident involving injury or death is a felony in Mississippi), you are granted specific protections under state law. These include the right to be treated with dignity, to be notified of court proceedings involving the suspect, to confer with prosecutors, and to submit a victim impact statement prior to the offender’s sentencing.
5. Time Limits to Exercise Your Rights
Be mindful that your rights are bound by strict legal deadlines. Under Mississippi’s personal injury statute of limitations outlined in Mississippi Code § 15-1-49, you generally have three years from the date of the accident to file a civil lawsuit. Missing this window permanently forfeits your right to sue for compensation.
Protecting your interests requires prompt action, careful documentation of the scene, and often the guidance of a qualified personal injury attorney who can help navigate complex insurance policies while law enforcement handles the criminal investigation.
How a Personal Injury Attorney Can Help
As you can see, issues related to uninsured and underinsured motorists are incredibly complex. In a perfect world, insurance would function the way we would hope, but this isn’t most people’s reality. These companies are in business to make a profit, and they behave accordingly.
Insurance companies use a variety of tactics to minimize their payouts and deny responsibility for claims, even though they should be paying for damages under the terms of their contracts. For example, an insurer might offer you much less than your case is worth or use delaying tactics in the hopes of wearing you down.
Rather than deal with these issues yourself, particularly in the wake of a serious accident, it makes sense to have a strong legal advocate on your side. A personal injury attorney will take over negotiations with your insurance company, help you find the providers you need, and will fight for the full and fair compensation you deserve from every available source.
Get Help with Your Uninsured Motorist Claim
What many injury victims fail to realize is that they aren’t out of luck if an uninsured driver hits them. Your own uninsured/underinsured motorist coverage can be used to cover the same damages as the liability insurance of an at-fault driver. This includes medical expenses, lost income, and pain and suffering.
Insurance companies would prefer that you don’t understand these facts and will do everything possible to minimize their payouts. At Reeves & Mestayer, PLLC, we have extensive experience dealing with uninsured motorist claims in Mississippi and will work tirelessly to secure all of the coverage available to you after a serious crash.
Dealing with insurers can be tough. Contact our Biloxi office now at 1-855-558-2977 for a free consultation to discuss your situation.
Frequently Asked Questions: Mississippi Uninsured Motorist Accidents
What should I do immediately after an accident with an uninsured driver?
Call local law enforcement right away to file an official police report. Seek medical attention immediately for any injuries, even if they seem minor. Collect contact details from witnesses, take photos of the accident scene, and notify your own insurance company promptly to protect your right to file an uninsured motorist claim.
Is car insurance mandatory for all drivers in Mississippi?
Yes, Mississippi law requires all vehicle owners to carry liability insurance under Mississippi Code Section 63-15-3. The mandatory minimum coverage limits are twenty-five thousand dollars for bodily injury per person, fifty thousand dollars for bodily injury per accident, and twenty-five thousand dollars for property damage. Despite this legal requirement, a significant number of motorists still drive without any active insurance policy.
What is uninsured motorist coverage in Mississippi?
Uninsured motorist coverage is an optional insurance policy add-on designed to protect you if a driver without liability insurance causes a crash, as governed by Mississippi Code Section 83-11-101. In Mississippi, this coverage helps pay for your medical expenses, lost wages, and vehicle repair costs when the at-fault party cannot pay out of pocket or lacks any coverage entirely.
Do Mississippi insurance companies have to offer uninsured motorist coverage?
Yes, Mississippi Code Section 83-11-101 mandates that insurance providers must include uninsured motorist coverage on every auto policy they issue. However, policyholders have the legal right to reject this specific coverage. To decline it, you must sign a formal written rejection form; otherwise, the coverage remains active on your auto insurance policy automatically.
Can I sue an uninsured driver directly for my damages?
Yes, you have the legal right to file a personal injury lawsuit directly against the uninsured motorist under Mississippi Code Section 83-11-105. However, winning a court judgment does not guarantee payment. Uninsured drivers often lack personal financial assets or cash reserves, meaning collecting the court-awarded monetary compensation can be extremely difficult, even with a successful legal verdict.
How does uninsured motorist property damage coverage work?
Uninsured motorist property damage coverage specifically pays to repair your vehicle or cover its actual cash value if an uninsured driver hits you, pursuant to Mississippi Code Section 83-11-101. This coverage typically includes a small deductible and ensures you do not have to pay out of pocket to fix your car when someone else causes the accident.
What happens if my damages exceed the uninsured motorist policy limits?
If your total medical bills and repair costs exceed your uninsured motorist policy limits established under Mississippi Code Section 83-11-101, you may face financial shortfalls. You can pursue the at-fault driver’s personal assets through a lawsuit, though recovery remains unlikely. Reviewing your policy limits beforehand helps ensure you carry adequate coverage to protect against severe accidents involving uninsured motorists.
Will filing an uninsured motorist claim raise my insurance rates?
In Mississippi, filing a claim under your uninsured motorist coverage generally should not cause your insurance rates to increase under Mississippi Code Section 83-11-101, provided you were not at fault for the accident. Insurance regulations protect policyholders from being penalized for utilizing coverage they paid for when another reckless, uninsured motorist caused the collision and damages.
What is the statute of limitations for Mississippi auto accident claims?
In Mississippi, you generally have three years from the exact date of the auto accident to file a personal injury or property damage lawsuit under Mississippi Code Section 15-1-49. Failing to file your claim within this strict three-year legal window usually means you lose your right to pursue compensation through the civil court system permanently.
Should I hire a lawyer for an uninsured motorist accident?
Hiring an experienced personal injury attorney is highly recommended after an accident with an uninsured driver. Navigating complex insurance policies governed by Mississippi Code Section 83-11-101, dealing with your own insurer, and pursuing legal action require specialized knowledge. A skilled lawyer protects your rights, handles negotiations, and helps maximize your financial recovery while you focus on healing.
What if the uninsured driver flees the scene of the accident?
If the at-fault driver flees, it is classified as a hit-and-run accident under Mississippi Code Section 83-11-103. Mississippi law typically treats unidentified hit-and-run drivers under your policy’s uninsured motorist provisions. You must report the hit-and-run to the police immediately, as most insurance policies require a prompt official report to validate claims involving fleeing or unidentified motorists.
Does uninsured motorist coverage pay for lost wages?
Yes, uninsured motorist bodily injury coverage can compensate you for lost wages under Mississippi Code Section 83-11-103 if your injuries prevent you from working after an accident. This includes past lost income and potential future earning capacity. Providing thorough documentation from your employer and medical providers is essential to support your claim for lost earnings effectively.
Last Updated: September 2026
