Being involved in a car accident is stressful enough, but discovering that the at-fault driver is uninsured can add another layer of frustration and uncertainty. Mississippi law requires drivers to carry liability insurance, yet many motorists drive without it. If you or a loved one has been injured in a car accident caused by an uninsured driver, you may be wondering how you will recover compensation for your medical bills, lost wages, and other damages.
At Barrett Law, PLLC, we help accident victims across Mississippi recover the full compensation they deserve, even when the at-fault driver has no insurance. Jonathan Barrett, a Mississippi car accident attorney, has spent decades fighting for the rights of injured victims and their families. If you have been hit by an uninsured driver, we can help you explore all available legal options.
Mississippi’s Auto Insurance Requirements
Mississippi law requires all drivers to carry minimum liability insurance coverage to cover damages in the event of an accident. According to Mississippi Code § 63-15-3, drivers must carry the following minimum limits:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
These limits are intended to compensate victims for medical bills, lost wages, and vehicle repairs when another driver is at fault. However, many drivers fail to carry insurance, leaving accident victims wondering how they will get compensated for their injuries.
What Are Your Options If the At-Fault Driver Is Uninsured?
If you are hit by an uninsured driver in Mississippi, you still have legal options to recover compensation.
1. File a Claim with Your Uninsured Motorist (UM) Coverage
Mississippi requires insurance companies to offer uninsured motorist (UM) coverage when you purchase a policy. If you have UM coverage, your own insurance policy will cover your injuries and damages up to your policy limits.
UM coverage can help pay for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage (if you have UM property damage coverage)
If you are unsure whether you have UM coverage, check your insurance policy or speak with an attorney.
2. File a Lawsuit Against the At-Fault Driver
If the at-fault driver has no insurance, you may have the option to file a personal injury lawsuit against them. If the driver has assets or income, the court may order them to pay for your damages. However, many uninsured drivers have limited financial resources, making it difficult to recover compensation through a lawsuit.
3. Seek Compensation Through Other Insurance Coverage
In some cases, other insurance policies may apply:
- Underinsured Motorist (UIM) Coverage – If the at-fault driver had some insurance but not enough to cover your damages, UIM coverage may help.
- Medical Payments (MedPay) Coverage – MedPay can help cover medical expenses regardless of who was at fault.
- Collision Coverage – If your vehicle was damaged, collision coverage may help pay for repairs.
An experienced Mississippi car accident lawyer can review your insurance policy and identify all available sources of compensation.
Who Is Affected by Uninsured Driver Accidents?
Uninsured driver accidents affect all types of motorists, including:
- Everyday commuters – Many working individuals rely on their vehicles to get to work and need compensation for lost wages after an accident.
- Families – If a family member is injured by an uninsured driver, medical expenses and financial burdens can pile up.
- Motorcyclists – Motorcyclists involved in uninsured driver accidents often suffer severe injuries and need long-term medical care.
- Truck drivers and commercial vehicle operators – When a truck is hit by an uninsured driver, the trucking company and driver may have to navigate complex insurance claims.
If an uninsured driver has left you injured, Barrett Law, PLLC can help pursue every available option to recover damages.
Mississippi Laws and Penalties for Driving Without Insurance
Mississippi has strict laws and penalties for drivers caught driving without insurance. According to Miss. Code Ann. § 63-15-4, uninsured drivers may face:
- A $500 fine
- Suspension of their driver’s license until they show proof of insurance
- Additional penalties for repeat offenses
However, even with these penalties in place, many drivers still choose to drive uninsured, putting others at financial risk.
Practical Steps After an Accident with an Uninsured Driver
If you have been hit by an uninsured driver, here’s what you should do to protect your claim:
- Call 911 Immediately – A police report is crucial when dealing with an uninsured driver.
- Seek Medical Attention – Some injuries do not appear immediately, so get checked by a doctor.
- Get the Other Driver’s Information – Even if they don’t have insurance, obtain their name, address, phone number, and vehicle details.
- Take Photos and Document the Scene – Capture vehicle damage, injuries, and the accident location.
- Talk to Witnesses – Witness statements can support your claim, especially if the other driver tries to deny fault.
- Report the Accident to Your Insurance Company – If you have uninsured motorist coverage, notify your insurer.
- Consult a Mississippi Car Accident Lawyer – An attorney can help you explore your legal options and maximize your compensation.
Do not accept any offers or sign documents from an insurance company without speaking to a lawyer.
Frequently Asked Questions About Uninsured Driver Accidents in Mississippi
Can I still recover compensation if I was hit by an uninsured driver?
Yes. You may be able to file a UM claim with your own insurance or pursue a lawsuit against the at-fault driver.
What if I don’t have uninsured motorist coverage?
If you do not have UM coverage, your options may be limited to filing a lawsuit against the at-fault driver or seeking compensation through other insurance policies.
How long do I have to file an uninsured motorist claim in Mississippi?
The statute of limitations for car accident claims in Mississippi is three years from the date of the accident.
Will my insurance rates increase if I file a UM claim?
Filing a UM claim should not directly increase your premiums, but every insurance company handles claims differently.
What if the uninsured driver offers to pay out of pocket?
Do not accept cash payments or verbal promises. You may have undiscovered injuries or vehicle damage. Always file a police report and consult a lawyer.
What if I was injured as a passenger in a car hit by an uninsured driver?
Passengers may be able to file a UM claim through the driver’s insurance policy or their own policy.
How can an attorney help me if the at-fault driver is uninsured?
An attorney can review your insurance policy, file claims on your behalf, and explore legal options to recover compensation.
Injured or Lost a Loved One in a Car Accident in Mississippi? Call Mississippi Car Accident Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If you were hit by an uninsured driver in Mississippi, you still have options to recover compensation. At Barrett Law, PLLC, we fight for injured victims across Mississippi, including Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, and Brandon.
Call (601) 790-1505 today for a FREE consultation—available 24/7/365. Let us handle the legal battle while you focus on your recovery.
