Who Pays Your Medical Bills After a Hit-and-Run Crash on the Gulf Coast

Who Pays Your Medical Bills After a Hit-and-Run Crash on the Gulf Coast?

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The moments following a car crash are always chaotic, but a hit-and-run introduces a distinct kind of panic. You are left on the side of the road—perhaps on Highway 90 in Biloxi or a busy intersection in Gulfport—watching tail lights fade into the distance. In that instant, the primary question shifts from “Is everyone okay?” to “Who is going to pay for this?”

When the other driver vanishes, they take their insurance card with them. For many victims in Mississippi, this creates a terrifying financial void. You may be facing ambulance fees, emergency room costs at Memorial Hospital or Singing River, and the prospect of long-term rehabilitation, all without a clear party to hold accountable.

The Role of Uninsured Motorist (UM) Coverage

In a standard accident, you file a claim against the at-fault driver’s liability insurance. In a hit-and-run, that driver is a ghost. This is where Uninsured Motorist (UM) coverage becomes the most vital component of your financial recovery.

Under Mississippi law, a hit-and-run driver is treated legally as an uninsured motorist. This means that if you have UM coverage on your own auto policy, your insurance company steps into the shoes of the missing driver. They are contractually obligated to pay for the damages that the at-fault driver would have been responsible for, up to your policy limits.

Many drivers on the Gulf Coast misunderstand UM coverage. They assume it only applies if the other driver stays at the scene and admits they have no insurance. However, the definition is broader. It encompasses “phantom vehicles” that cause an accident without making contact (like forcing you off the road) and drivers who flee the scene after a collision.

To trigger this coverage, you generally must prove that the accident was not your fault and that the other vehicle exists. This is why police reports and witness statements are so significant. Your own insurance carrier will investigate the claim just as rigorously as if it were defending the other driver, so having a solid evidentiary foundation is essential.

“Stacking” Coverage in Mississippi

Mississippi offers a unique consumer-friendly protection known as “stacking” for Uninsured Motorist coverage. This legal concept can significantly increase the amount of money available to pay your medical bills.

If you have multiple vehicles under a single policy, or multiple policies within the same household, you may be able to combine—or “stack”—the coverage limits for each vehicle. For example, if you insure three cars and each has $25,000 in UM bodily injury coverage, you might be able to stack them to create a total pool of $75,000 available for your medical expenses.

This applies even if the car you were driving at the time of the crash was not the one with the highest limit, or if you were a passenger in someone else’s vehicle. Class I insureds (usually the named policyholder and resident family members) generally have broader stacking rights than Class II insureds (passengers). Determining exactly how much coverage is available often requires a careful review of the policy language and the application of current Mississippi case law, but it is a critical step in finding enough funds to cover serious injuries.

Medical Payments (MedPay) Coverage

While Uninsured Motorist coverage is designed to replace the liability insurance of the at-fault driver, Medical Payments coverage, often called MedPay, serves a different purpose. This is an optional coverage in Mississippi that pays for medical and funeral expenses for you and your passengers, regardless of who caused the accident.

MedPay is akin to health insurance for your car. It kicks in almost immediately and is not dependent on proving fault or finding the other driver. If you are injured in a hit-and-run on I-10, MedPay can cover your initial deductibles, ambulance rides, and co-pays while the longer process of the UM claim gets sorted out.

The limits for MedPay are typically lower than liability limits—often ranging from $1,000 to $10,000—but this liquidity is essential in the first few weeks after a crash. It can prevent medical providers from sending bills to collections while you recover. Importantly, using your MedPay benefits generally does not preclude you from also pursuing a UM claim or a personal injury lawsuit if the driver is eventually caught.

Health Insurance and Subrogation

If you have private health insurance, it will likely be your first line of defense for hospital bills. However, relying on health insurance in a car accident case comes with strings attached.

When your health insurer pays for treatment related to an accident caused by someone else (even an unknown hit-and-run driver), they often assert a “lien” or a right of subrogation. This means that if you eventually recover money from your own auto insurance (via a UM claim) or from the at-fault driver, your health insurance company may demand to be reimbursed for the bills they paid.

Ignoring these liens can lead to legal complications later. A skilled legal team works to identify these liens early and negotiate them down. In Mississippi, the “made whole” doctrine can sometimes protect victims, ensuring that an insurer cannot take money from a settlement unless the victim has been fully compensated for all their losses. Navigating the interplay between auto insurance benefits and health insurance subrogation is one of the most technical aspects of a hit-and-run case.

Physical Contact vs. Phantom Vehicles

Mississippi law distinguishes between hit-and-run accidents where there is actual physical contact and those involving “phantom vehicles” that cause a crash without touching your car.

If a driver sideswipes you on Pass Road and speeds off, the physical damage to your vehicle serves as proof of contact. This makes the UM claim relatively straightforward regarding the existence of the other vehicle.

However, if a reckless driver drifts into your lane and forces you to swerve into a ditch to avoid a head-on collision, and that driver never stops, you have a “phantom vehicle” case. In these situations, your insurance company may be more skeptical. They might argue that you simply lost control of your vehicle on your own. To succeed in a phantom vehicle claim, you must provide “clear and convincing evidence” that the other vehicle caused the accident. This is a higher burden of proof than the standard “preponderance of the evidence.” Independent witness testimony, surveillance footage from nearby businesses, or dashcam video becomes indispensable in these non-contact scenarios.

The Importance of the Police Report

In any hit-and-run claim, the police report is the foundational document. Insurance policies typically require that you report a hit-and-run accident to the police within a strict timeframe—often 24 hours—to be eligible for UM benefits.

Failing to call the police can be fatal to your claim. An insurance adjuster may view a delayed report as a sign that the accident didn’t happen the way you described, or that it was a single-vehicle accident you are trying to blame on a non-existent driver.

When the officer from the Biloxi Police Department, the Gulfport Police, or the Mississippi Highway Patrol arrives, ensure they understand exactly what happened. Explicitly state that another vehicle caused the crash and fled. If you have any description of the car—make, model, color, partial tag number—make sure it goes into the official report. This document serves as the official record that links your injuries to a criminal act (leaving the scene) rather than just a mishap.

Punitive Damages in Hit-and-Run Cases

Fleeing the scene of an accident is not just a traffic violation; it is a crime that demonstrates a “willful and wanton” disregard for the safety of others. Because of this, if the hit-and-run driver is eventually identified and found, you may be entitled to seek punitive damages.

Punitive damages are designed to punish the wrongdoer and deter similar conduct in the future. While standard damages cover your medical bills and lost wages, punitive damages are an additional sum awarded by a jury.

Even if the driver is never caught, the concept of punitive behavior is relevant when dealing with your own insurance company. While you typically cannot recover punitive damages from your own UM policy in Mississippi (policy language varies), the egregious nature of the other driver’s conduct helps establish the severity of the event. It paints a clear picture of liability that prevents the insurance company from trying to assign any comparative fault to you.

Why You Need an Attorney for a “First-Party” Claim

Many people assume that because they are dealing with their own insurance company (a “first-party” claim), the process will be friendly and fair. Unfortunately, in the context of a high-value UM claim, your insurance company’s interests are directly opposed to yours.

Every dollar they pay out on a UM claim is a dollar of profit lost. Consequently, adjusters may scrutinize your medical records for pre-existing conditions, question the necessity of your treatments, or argue that the accident was actually your fault. They effectively become the defense team for the driver who fled.

Having legal representation changes this dynamic. An attorney ensures that your rights under the policy are respected. We handle all communication with the adjuster, ensuring that you do not inadvertently say something that could devalue your claim. We also manage the technical requirements of proof—gathering the medical evidence, securing the crash report, and calculating the full value of your “stackable” limits—so that you are not shortchanged by the company you have paid premiums to for years.

Steps to Take Immediately After the Crash

Your actions in the minutes and days after a hit-and-run can determine the success of your claim.

  • Call 911 immediately. Do not leave the scene to chase the other driver. It is dangerous and can compromise the investigation.
  • Gather evidence. If safe to do so, take photos of your vehicle’s position, the damage, skid marks, and debris.
  • Identify witnesses. If anyone stopped, get their names and phone numbers. Their testimony is often the difference between a paid claim and a denial in phantom vehicle cases.
  • Seek medical attention. Go to the ER or urgent care immediately, even if you feel fine. Adrenaline can mask injuries. A delay in treatment gives the insurance company an excuse to argue your injuries are unrelated to the crash.
  • Notify your insurer. Report the accident, but stick to the basic facts. Do not give a recorded statement until you have consulted with counsel.
  • Check for cameras. Look for nearby businesses with security cameras or doorbell cameras that might have captured the fleeing vehicle.

Does a Hit-and-Run Affect Your Insurance Rates?

A common fear is that filing a UM claim will cause your premiums to skyrocket. Mississippi law offers some protection here. Generally, your rates cannot be increased solely for filing a claim if the accident was not your fault.

Since a hit-and-run by definition involves the negligence of another driver, utilizing the coverage you paid for (Uninsured Motorist coverage) should not result in a penalty. This is a “not-at-fault” claim. However, insurance pricing models are complex. If you have a history of multiple claims, insurers may view you as a higher risk. Despite this, the cost of medical bills for a serious injury far outweighs a potential minor increase in premiums. You purchased insurance specifically for this worst-case scenario; failing to use it effectively means paying out of pocket for someone else’s crime.

When the Driver Is Caught: Changing Strategies

Sometimes, good police work or a guilty conscience leads to the hit-and-run driver being identified days or weeks later. If this happens, the legal strategy shifts.

We immediately investigate the identified driver’s insurance status. If they have liability coverage, the claim starts there. However, hit-and-run drivers are frequently uninsured or carry only the state minimum limits ($25,000 per person). In these cases, your UM coverage remains essential. It converts to “Underinsured Motorist” coverage, picking up the difference between the at-fault driver’s limits and the actual cost of your medical care.

Furthermore, identifying the driver opens the door to a personal lawsuit against them directly. While you cannot get blood from a stone, investigating their assets is part of a thorough legal process. It also strengthens the case for punitive damages, as a jury is likely to look very unfavorably on a defendant who left an injured person on the roadside.

Common Defenses Insurance Companies Use

Be prepared for the standard arguments insurers use to deny hit-and-run claims:

  • “There was no other car.” They may claim you fell asleep or were distracted and hit a barrier yourself.
  • “The damage is minor.” They will argue that the impact was too soft to cause the spinal or traumatic brain injuries you are claiming.
  • “Delay in treatment.” If you waited a week to see a doctor, they will argue that your injury happened elsewhere.
  • “Pre-existing conditions.” They will blame your back pain on age or a prior job rather than the crash.

Overcoming these defenses requires a meticulously built case supported by medical experts and accident reconstruction data.

Moving Forward After a Hit-and-Run

A hit-and-run accident feels like a personal violation. It leaves you hurt, angry, and worried about the future. But while the other driver may have abandoned their responsibility, you do not have to face the aftermath alone. The system has safety nets—UM coverage, MedPay, and legal avenues for stacking limits—that are designed to protect you. Accessing them requires knowledge of the law and a refusal to accept a lowball offer from an insurance adjuster who is just doing their job to save the company money.

At Reeves & Mestayer, we have spent years helping Gulf Coast families navigate the frustrating reality of hit-and-run crashes. We know how to find the coverage you didn’t know you had, how to handle the subrogation liens from health insurers, and how to prove the existence of phantom vehicles. Let us handle the investigation and the insurance companies so you can focus on healing. Call us today at 228-374-5151 or reach out online for a confidential consultation.