Here’s what to do after a Mississippi car accident to protect your health and your right to injury compensation.
More than 40 people are injured or killed each week in Mississippi motor vehicle accidents.¹
If you or a loved one were injured in a Mississippi car accident, you could be eligible for financial compensation. Read about what to do after a crash, how to determine fault, and how to get fair compensation for your injuries.
What to Do After a Mississippi Car Accident
Here are five steps to protect yourself after an accident and build a strong injury claim.
1. Stay At the Scene and Exchange Information
Mississippi car accident law states that any driver involved in a crash resulting in an injury or death must immediately stop and remain at the scene. Drivers must provide their name, address, and the registration number of the vehicle they are driving. The driver must also show their driver’s license if requested.
2. Call 911 and Help the Injured
Drivers at the scene of an accident must notify police by the quickest method possible and give reasonable assistance to anyone injured, including arranging to transfer the injured person for medical treatment. Calling 911 to report the accident and ask for an ambulance satisfies this obligation.
If you are able, try to help the injured until emergency responders arrive.
3. Seek Prompt Medical Treatment
The abrupt impact and noise of a traffic accident can trigger a rush of adrenaline in the body, masking symptoms of potentially serious injuries. Never refuse medical attention at the scene. You may not even realize you’ve been injured.
Let the paramedics evaluate you for injuries. This is not the time to be stoic, so be honest about any pain, discomfort, or other symptoms like nausea or dizziness. If the paramedics want to transport you to the hospital, go with them.
Refusing or delaying medical treatment after an accident not only jeopardizes your health, it gives the at-fault driver’s insurance company an excuse to challenge or deny your injury claim.
If you’re not transported to the hospital from the scene, go to an urgent care center or emergency room, or see your primary care provider the same day as the accident. Tell the medical provider exactly when and how you were injured. Be sure to discuss every symptom and injury, not just the most obvious ones.
4. Gather Evidence From the Scene
When you make an injury claim with the at-fault driver’s insurance company, the burden is on you to prove the other driver caused the accident. The police crash report is important evidence of fault, especially when the other driver is ticketed for traffic violations.
Other types of evidence to gather include:
- Photographs and video of the scene, vehicles involved, and road conditions
- Contact information from potential witnesses
- Your personal notes about how the accident happened and what happened after the crash
5. Notify Both Insurance Companies
Mississippi is a traditional fault state, so you’re not required to use your own insurance to pay for your injuries, as you would in a no-fault state. However, every auto policy has a notification clause requiring the policyholder (you) to notify their insurance company of any accidents.
You must notify your insurance company after a motor vehicle accident, even if the accident wasn’t your fault. Because an auto insurance policy is a binding contract between you and the insurer, the obligation goes both ways.
Your insurance company has a “duty to defend” you against claims or lawsuits filed by anyone else who may have been injured in the accident. You could lose that protection by failing to promptly notify your insurer and not cooperating with their investigation into the accident.
If you’ve decided to handle your own injury claim, you’ll need to notify the at-fault party’s insurance company of your intent to file an injury claim. The company will usually respond by assigning a claim number. You may be contacted by an adjuster with a quick settlement offer. It’s not in your best interest to discuss a settlement while still in treatment for your injuries.
Mississippi Fault and Liability Rules
Mississippi is an “at-fault” liability state, so you can seek compensation for car accident damages from the at-fault driver and their insurance company.
You can still use your own insurance if you have relevant coverage, but you are not required to rely on your insurance after a car accident. For example, if you have collision coverage, you may find it easier to have your own insurance company handle your vehicle repair claim. Your insurer will then seek reimbursement from the at-fault driver’s insurance company.
Mississippi Shared Fault Rules
Mississippi follows a pure comparative fault rule, meaning you can pursue a claim against the other driver even when you’re also at fault, so long as you aren’t the only driver at fault. Your compensation will be reduced by your percentage of blame for the accident.
Example of Pure Comparative Fault
Mason was driving on South Canal in Tupelo, approaching the intersection with Canal Street. He had the right of way, but increased his speed.
Lisa was on Canal Street, heading toward South Canal. She was preoccupied with her plans for the evening when she began turning left onto South Canal.
The two vehicles collided in the intersection. Lisa was ticketed by the investigating police officer for failing to yield the right-of-way.
Mason suffered a neck injury and a broken arm that kept him out of work for 8 weeks. He filed a $40,000 injury claim with Lisa’s insurance company for his medical bills, lost income, and pain and suffering.
Lisa’s insurance company refused to pay the full value of Mason’s claim, because they had witness statements that Mason was speeding when the crash occurred. The adjuster argued that Lisa could have safely made the turn if Mason hadn’t accelerated while approaching the intersection.
After a few rounds of negotiations, Oliver accepted 25 percent of the liability for the crash. His claim settled for $30,000.
Mississippi Car Accident Compensation
Insurance companies in Mississippi payout more than $1.2 Billion in auto accident claims each year.
Car accident lawsuits usually settle out of court, even when a lawsuit had been filed against the at-fault parties.
You can estimate the value of a minor to moderate injury claim by totaling your economic damages, like medical bills, lost income, and out-of-pocket expenses, then adding one to three times that amount to account for your non-economic damages, like pain and suffering. A multiple of one is reasonable for minor soft-tissue injuries. A higher multiple is reasonable for the pain and suffering arising from more extensive injuries.
Severe injuries and wrongful death cases should only be handled by an experienced attorney to ensure the best outcome for victims and their families.
Average Car Accident Settlements in Mississippi
The average injury settlement for a moderate car accident claim in Mississippi is $39,164, with average payouts ranging from $7,428 to more than $1,00,000. Settlements and court awards can range from $1,500 for minor injuries up to $4,000,000 or more for catastrophic injuries.
Injury settlements can vary widely, depending on the circumstances of the accident, the victim’s injuries, and the liability limits of the at-fault driver’s insurance policy.
For example, look at these two rear-end accident cases with low and high payouts:
- In Madison County, Winstead v. Keppler, 3:11-CV-00475-DPJ-FKB, a jury awarded $1,500 to the victim for neck and back injuries. The at-fault driver admitted rear-ending the victim, but argued the victim had pre-existing back and neck problems from a prior accident and obesity.
- Also in Madison County, Alan v. Joseph, 5:97-CV-34BRS, a jury awarded $150,000. The victim claimed neck and back injuries that ended his ability to resume his karate activities. The at-fault driver argued that the plaintiff was exaggerating his injuries.
Read more:
Factors that impact car accident compensation include:
- Scope and severity of injuries
- Shared fault for the crash
- Multiple-vehicle collisions
- Multiple injured victims
- Fatalities
- Available insurance coverage
When you and others are seriously injured, there may not be enough insurance money to cover everyone’s damages. Available insurance coverage may be available from the at-fault driver, the at-fault driver’s employer (if they were driving for business purposes), or from your own policy, depending on the circumstances of the crash and the optional coverages on your policy.
Mississippi State Minimum Insurance Requirements
Mississippi drivers are required by law to carry an auto insurance policy with minimum bodily injury liability limits of $25,000 per person and $50,000 per accident, and $25,000 for property damage.
Optional Insurance Coverage in Mississippi
Insurance companies selling auto policies in Mississippi are required to offer optional uninsured motorist coverage equal to the policy liability limits. The policyholder has the right to decline the optional coverage by signing a waiver form.
If you have uninsured motorist coverage, you can turn to your own insurance company for compensation after an accident caused by an underinsured driver, a hit-and-run, or a driver with no active insurance.
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