Mississippi Car Accident Laws: What Drivers Need to Know
Getting into a car accident can be devastating and tragic; it can cause severe damage, injury, and even fatalities. On top of the travesty, you must navigate strict legal deadlines and complicated insurance policies, which adds frustration and anxiety. To make matters worse, deadlines, laws, and insurance policies vary by location! If you’re a Mississippi resident who wants to be prepared in case of an accident, it’s wise to get a good idea of how the laws work in your area. If you’ve already gotten into a car accident in Mississippi, you’ll need to know what deadlines and laws you’re dealing with.
Car Insurance Coverage
Car insurance helps provide compensation in case an accident or damage occurs, and you can choose the limits of your coverage in terms of total costs. Most states have a minimum coverage requirement, meaning insurance coverage totaling a certain financial threshold. In Mississippi, you’ll need to have car insurance at a minimum of $25,000 coverage for property damage and single-person injury or death. Your coverage should be at least $50,000 for all people in the accident. You can choose higher coverage limits than these numbers, but not lower. Like any state, car insurance is always required; driving without proper insurance is against the law.
Post-Accident Safety
It can be scary to find yourself in an accident of any severity. Get yourself to safety if you can, but don’t force yourself from the vehicle if stuck. If you need emergency services, calling 911 will bring police and first responders to the scene to help you. If the accident is a non-emergency, contact the non-emergency line to report the accident to police to establish a record. It’s a bright idea to see a doctor regardless, as some injuries may initially present minor symptoms and grow in severity with time, like concussions.
Reporting the Accident
In most accidents, you must report it to the police to establish a record, even if the accident is minor. In Mississippi, if an accident results in any injury or damage over $500, you’re required to report the accident. Estimating how much damages cost at the accident scene can be challenging, so it’s a good idea to report the accident regardless. Reporting the accident to law enforcement establishes a police report, which serves as valuable evidence if you or the other party pursues the accident in court.
Accident Liability
In general, accident liability is determined by insurance laws. Most states are considered at-fault (tort) states or no-fault states. Mississippi is one of the ‘at-fault’ states, meaning that when an accident occurs, the responsible party’s insurance will cover the damages for everyone. At-fault also allows you to take the responsible party to court if desired. Sometimes, it can be difficult to determine fault in an accident. For example, perhaps a driver slammed on their brakes without warning, but the other driver was texting and driving. Mississippi applies a legal principle called comparative negligence to determine fault in most accident cases. A judge determines a percentage or fraction of each driver’s liability in the accident by viewing evidence and reports. Your compensation is proportional to your accident liability. For example, if you are found to contribute 20% of accident liability, then your damage compensation will be reduced by 20%.
Statute of Limitations
After a car accident, you have a limited amount of time to file an insurance claim or pursue litigation, referred to as the statute of limitations. The statute of limitations varies per state and type of damage. Typically, personal injuries, wrongful death, and property damage can have varying statutes of limitations in a single state. It works differently in Mississippi, as all types of damage have the same statute of limitations—three years. You have three years to file an insurance claim and file your lawsuit in court. It can take a while to find an accident lawyer, fill out and file paperwork, and more. Therefore, starting as soon as possible is best instead of waiting until the deadline. If you try to go to court past the three-year deadline, you will likely get your case thrown out.
Hiring an Attorney
If you decide to hire an attorney for your Mississippi car accident, you must ensure they are qualified and legally able to represent you in court. Even if you don’t live in Mississippi, you must hire an attorney who practices in Mississippi to ensure you are legally and fairly represented. Not only is it a legal requirement, but a Mississippi attorney will be the most familiar with the state’s laws, limits, and updates. A familiar attorney can increase your chances of receiving the most compensation for damages as your case allows.
Conclusion
Car accidents are tragic and require tricky hoops to jump through in any state. However, you should know local laws and requirements in worst-case scenarios. Mississippi requires car insurance with a minimum of $25,000 coverage. If you’re in a car accident, insurance claims will be filed with the responsible party, as Mississippi is an at-fault insurance state. A judge can apply comparative negligence to determine damage compensation if multiple parties are responsible. You will need an attorney who practices in Mississippi for a car accident in this location, as they will be experienced and legally eligible to represent you in court.
