Detailed Answer
After a car accident in Mississippi, you can pursue property damage and bodily injury compensation independently. By separating these claims, you avoid delays tied to medical evaluations and streamline reimbursement for vehicle repairs. Below are the key steps under Mississippi law.
1. Notify All Relevant Insurers Promptly
Mississippi law requires you to give prompt notice to your insurer and the at-fault driver’s insurer. Provide accident details, vehicle identification numbers, and a statement that you intend to file a separate property damage claim.
2. Gather and Preserve Evidence
- Photograph all vehicle damage from multiple angles immediately after the crash.
- Obtain a written police report detailing the accident.
- Collect witness contact information and written statements if possible.
- Keep repair estimates from licensed auto body shops.
3. File a Property Damage Claim with the At-Fault Insurer
Send a formal demand letter outlining vehicle damage, repair costs, and supporting documents. If the insurer delays or denies your claim unreasonably, you may file suit in chancery or circuit court. Mississippi Code §15-1-49 sets a three-year statute of limitations for property damage claims (Miss. Code §15-1-49).
4. Use Your Collision Coverage If Needed
If the at-fault party lacks adequate insurance, turn to your own collision coverage. File a claim under your policy, pay your deductible, and let your insurer pursue subrogation against the at-fault party.
5. Consider Small Claims Court for Minor Damage
Mississippi small claims courts handle disputes up to $3,500. Filing fees are modest, and you can represent yourself. This option can speed resolution for low-value claims.
6. Track Statutes of Limitations Separately
Both property damage and bodily injury claims have a three-year deadline under Miss. Code §15-1-49. Filing separately ensures you don’t miss either deadline.
Helpful Hints
- Document all repair expenses and towing fees.
- Keep copies of every letter, email, and phone log with insurers.
- Get at least two repair estimates to support your demand.
- Request a rental car if your policy covers loss of use.
- Consider a public adjuster for complex or high-value vehicle damage.
- If an insurer denies coverage, consult an attorney before filing suit.
Disclaimer: This article provides general information about Mississippi law and is not legal advice. For guidance specific to your situation, consult a licensed attorney.