Detailed Answer
Disclaimer: This article provides general information only and is not legal advice. Always consult a qualified attorney about your specific situation.
In Mississippi, the at-fault driver’s insurer must investigate and either accept or deny liability for your injuries. To improve your chances that the insurer admits fault, follow these key steps:
- Secure Evidence at the Scene
Take clear photos of all vehicles, visible injuries, road conditions, traffic controls and skid marks. Get contact information from any witnesses. Accurate documentation establishes fault. - Obtain the Police Report
A law enforcement report carries weight with insurers. Request a certified copy of the report through the arresting agency or online portal. - Seek Prompt Medical Care
See a doctor immediately. Follow all treatment recommendations. Medical records and bills form the basis of your injury claim. - Notify the Insurer Quickly
Mississippi law encourages prompt reporting. Call the at-fault driver’s insurer—identified on their policy card—within days of the crash. Under the Unfair Claims Settlement Practices Act, an insurer must acknowledge and begin investigating your claim without undue delay (Miss. Code Ann. § 83-5-13: link). - Submit a Detailed Demand Package
Mail a written demand including:- Date, time and location of the crash.
- Police report number and law enforcement agency.
- Photos, witness statements and diagram of collision.
- Treatment records, diagnostic reports and itemized medical bills.
- Lost-wage documentation from your employer.
- Statement of damages and your settlement demand.
- Cooperate with Reasonable Requests
The insurer may request recorded statements, authorizations for medical records or additional documentation. Provide these promptly, but answer only questions about the collision facts—avoid speculation on liability or future health. - Understand Minimum Liability Coverage
Mississippi requires drivers to carry at least $25,000 per person and $50,000 per accident in bodily injury liability coverage (Miss. Code Ann. § 83-11-103: link). Knowing these limits helps you tailor your demand. - Track Timelines
Under § 83-5-13, an insurer must accept or deny your claim within a reasonable time after receiving proof of loss. If too much time passes with no decision, remind them in writing and cite the statute. - Escalate or Seek Help
If the insurer unreasonably delays or denies your claim, you can file a complaint with the Mississippi Insurance Department (MID). You may also consult an experienced personal injury attorney to draft a demand letter or file suit.
Helpful Hints
- Keep a detailed injury diary: note pain levels, doctor visits and how injuries affect daily activities.
- Never sign a blanket medical release; limit authorizations to records relating to your crash injuries.
- Send all communications by certified mail with return receipt to create a clear record.
- Get repair estimates from reputable auto shops before negotiating property damage.
- Retain all receipts for expenses related to the crash (taxis, medical co-pays, prescriptions).
- Speak with witnesses early—memories fade. Ask them to put statements in writing.