Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
After a collision in Mississippi, the at-fault driver’s liability insurer must pay up to its policy limits. If those limits fall short of your actual loss-of-use or rental car expenses, you can tap other coverages or legal remedies to recover the remainder.
1. Use Your Underinsured Motorist (UIM) Coverage
Mississippi law requires insurers to offer UIM coverage under Miss. Code Ann. § 83-11-103 (link). UIM coverage bridges the gap between the at-fault driver’s limits and your out-of-pocket losses. To pursue a UIM claim:
- Notify your insurer in writing soon after the at-fault policy pays its limits.
- Provide itemized rental invoices and repair shop timelines.
- Submit any proof of loss forms your insurer requests.
2. Claim Rental Reimbursement from Your Own Policy
If your policy includes a rental reimbursement endorsement, it covers a daily rental fee (often $20–$50/day) up to your chosen limit. To file this claim:
- Review your declarations page to confirm the reimbursement limit and deductible.
- Submit all rental agreements and payment records that match the vehicle’s repair period.
3. File a Direct Lawsuit for Excess Damages
When insurance funds run out, you can sue the at-fault driver personally. Mississippi courts allow recovery of loss-of-use as part of property-damage damages. In a direct lawsuit you can claim:
- Loss-of-use: the fair rental value while your vehicle was unavailable.
- Replacement car expenses if you didn’t rent.
To support these damages, keep actual rental receipts or show reasonable daily values. Remember to file within Mississippi’s three-year statute of limitations for tort claims (Miss. Code Ann. § 15-1-49, link).
Helpful Hints
- Document every conversation and send written notices to both insurers.
- Keep all repair shop estimates and confirm the vehicle in-shop dates.
- Obtain detailed rental invoices showing daily rates, dates and total costs.
- Review both your UIM and rental reimbursement limits before negotiating.
- Consider consulting a personal injury attorney with Mississippi motor-vehicle experience.