How Can I Determine Which Insurer Covered the At-Fault Driver in Mississippi?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under Mississippi law, every motorist must carry liability insurance to register and operate a vehicle. The key to identifying the at-fault driver’s insurer lies in official accident records and, if necessary, civil discovery.

1. Obtain the Official Accident Report

Mississippi officers prepare a written crash report that usually lists each driver’s insurance company, policy number and coverage limits. You can request this report because it is a public record under Mississippi Code §63-7-19. To access it:

  • Contact the law enforcement agency that responded to the crash.
  • Submit a request to the Mississippi Department of Public Safety (DPS) Crash Records Unit.
  • Pay any nominal copying or processing fee.

See Mississippi Code Ann. §63-7-19 (https://law.justia.com/codes/mississippi/2013/title-63/chapter-7/section-63-7-19/).

2. Review the Insurance Information on the Report

The accident report fields include “Insurance Company” for each driver. That entry is the primary source. If the at-fault driver provided proof of insurance at the scene, it will appear here.

3. Contact the Driver Directly

If the report is incomplete, you can send a written request to the at-fault driver asking for their insurer’s details. Under Mississippi’s Financial Responsibility law, drivers must maintain continuous coverage (Miss. Code Ann. §63-15-3) and produce it on demand.

See Mississippi Code Ann. §63-15-3 (https://law.justia.com/codes/mississippi/2013/title-63/chapter-15/section-63-15-3/).

4. Use Civil Discovery in a Lawsuit

If you file a lawsuit, you can use the Mississippi Rules of Civil Procedure to obtain insurance details:

  • Interrogatories: Ask the defendant to identify their insurer and policy limits.
  • Requests for Production: Request copies of insurance policies covering the date of loss.
  • Subpoenas: Compel third parties or corporate records if the driver fails to respond.

See Miss. R. Civ. P. 26(b)(4) (scope of discovery).

Helpful Hints

  • Keep a copy of the crash report number; it speeds up requests to DPS or local agencies.
  • Verify the report’s insurance entry against any photos of the driver’s insurance card taken at the scene.
  • Ask your own insurer to assist; they have subrogation units that investigate at-fault coverage.
  • Document all written requests and responses to preserve evidence of your efforts.
  • If the driver admits no coverage, report the matter to law enforcement and notify your insurer immediately.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.