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.