Detailed Answer
After a collision, insurers sometimes delay or deny valid claims to protect their bottom line. Under Mississippi law, you have tools to challenge these tactics and secure fair treatment.
1. Review Your Insurance Policy
Begin by reading your auto policy. Note deadlines for submitting proofs of loss and any required forms. Insurers must follow their own policy terms.
2. Understand Mississippi’s Claims Laws
- Unfair Claim Practices. Mississippi Code § 83-3-205 prohibits unfair methods or deceptive acts in insurance. An insurer that unreasonably delays or denies a claim may violate this statute (Miss. Code § 83-3-205).
- Property Damage Deadlines. For property damage—like collision repairs—Mississippi Code § 83-11-161 requires insurers to accept or deny a claim within 30 days of proof of loss and to pay valid claims within 60 days (Miss. Code § 83-11-161).
3. Document Everything
Keep copies of all correspondence, photos of vehicle damage, repair estimates, medical bills and your proof‐of‐loss forms. A clear paper trail makes it harder for the insurer to claim you didn’t provide information.
4. Send a Written Demand
If the insurer stalls, send a certified letter demanding a decision or payment. Cite the relevant statute (for example, § 83-11-161) and set a reasonable deadline—often 14 days.
5. File a Complaint with the Mississippi Department of Insurance
If your insurer still fails to act, you can file a complaint online with the Mississippi Department of Insurance. They investigate unfair claims handling and can order corrective action.
6. Consider Legal Action
If delays continue beyond statutory deadlines, you may have a bad-faith claim against the insurer. Consult a qualified attorney experienced in insurance litigation to evaluate potential damages, including attorney’s fees.
Disclaimer: This article provides general information under Mississippi law. It does not create an attorney-client relationship or constitute legal advice. Always consult a licensed attorney for advice about your specific situation.
Helpful Hints
- Act quickly: meet all policy deadlines to avoid coverage denials.
- Keep a detailed claim journal: note dates, names and outcomes of each contact.
- Obtain multiple repair estimates to counter low‐ball offers.
- Use certified mail for written demands to prove timely delivery.
- Leverage the DOI as your ally: they enforce insurance laws in Mississippi.