Detailed Answer
After an accident in Mississippi, proving the at-fault driver’s insurer must cover your medical expenses requires a clear, documented process. Below are four key steps to guide you:
1. Establish Fault Quickly
Gather evidence at the scene: photos of vehicle damage, skid marks, traffic signals and road conditions. Obtain contact details for witnesses. Secure a copy of the police report. A compelling record of negligence—showing duty, breach, causation and damages—strengthens your claim.
2. Document Your Medical Treatment
Seek prompt medical care. Follow all treatment plans and attend every appointment. Keep original bills, itemized invoices, insurance explanations of benefits (EOBs) and medical reports. Detailed records prove that your injuries stem directly from the accident.
3. Send a Written Demand Letter
Compile your evidence into a demand package. Include the police report, medical records, billing statements and a summary of your out-of-pocket costs. Address this letter to the claims adjuster for the at-fault driver’s insurer. Mississippi law requires liability policies to provide at least $25,000 per person/$50,000 per accident in bodily injury coverage.
4. Follow Up and Enforce Deadlines
Mississippi’s statute of limitations for personal injury suits is three years from the date of the accident (Miss. Code § 15-1-49). If the insurer denies or delays payment, consider filing a lawsuit before this deadline. You may also invoke a hospital or medical provider lien under Miss. Code § 83-13-1 to secure funds from any eventual settlement.
Disclaimer: This article is for informational purposes only and is not legal advice. Always consult a qualified attorney to discuss the specifics of your case.
Helpful Hints
- Notify the insurer immediately after the crash to preserve your rights.
- Keep a written injury journal to document pain levels and recovery progress.
- Avoid posting accident details or photos on social media.
- Get written estimates for vehicle repairs to support property damage claims.
- Use certified mail when sending demand packages to ensure receipt.
- Consult a personal injury attorney if the insurer undervalues your medical expenses.