Detailed Answer
Under Mississippi law, every motorist must maintain minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, plus $25,000 for property damage (Miss. Code § 63-15-1). If the at-fault driver lacked coverage on the date of loss, you still have several avenues to pursue compensation:
- Uninsured/Underinsured Motorist (UM/UIM) Claim
Mississippi law requires insurers to offer UM/UIM coverage equal to the policy’s liability limits (Miss. Code § 83-11-107). If you purchased this coverage, file a UM claim with your own insurer. Your carrier must investigate and pay covered losses up to your policy limits. - Civil Lawsuit Against the Driver
You can sue the at-fault driver directly. If you obtain a judgment, you can enforce it by garnishing wages, levying bank accounts and placing liens on real property. Keep in mind that recovery depends on the driver’s assets and income. - Criminal Penalties and License Suspension
Driving without insurance is a misdemeanor in Mississippi (Miss. Code § 63-15-9). If you notify the Department of Public Safety within 30 days of judgment, they can suspend the driver’s license until proof of insurance and payment of all fines and reinstatement fees are submitted. - Medical Payments (MedPay) or Personal Injury Protection (PIP)
Check your own auto policy for MedPay or PIP benefits. These first-party coverages may reimburse medical bills regardless of fault. - Other Third-Party Coverage
Explore health insurance, homeowners or renters liability policies, and credit-card benefits that sometimes cover auto-related injuries or losses.
Helpful Hints
- Review your declarations page to confirm UM/UIM, MedPay and PIP limits.
- Document all medical treatments, repair bills and lost wages.
- Notify your insurer promptly to preserve UM/UIM rights.
- Keep records of communications with the at-fault driver and law enforcement.
- Consult a personal injury attorney to evaluate the driver’s assets before filing suit.
Disclaimer: This article is for informational purposes only. It does not constitute legal advice. Consult a licensed attorney to address your specific situation.