Recovering compensation after being injured is never easy, but it is especially difficult if you are unfamiliar with Mississippi’s insurance rules.
Mississippi is a “fault” insurance state to recover compensation in a car accident. Very few states use “no-fault” insurance rules, which can be overly complex. In Mississippi, you can pursue damages from the person that injured you. In some cases, the quickest way will be to file an insurance claim against the negligent driver’s insurance. However, you can also file a lawsuit if insurance will not compensate you fairly.
If you were injured in a car accident and need help filing an insurance claim, our Mississippi car accident attorneys can help you recover the compensation you deserve. For a free case review, contact Howe Law today at (844) 876-4357.
Is Mississippi a “No Fault” or “Fault” Insurance State?
When someone is injured in a car accident in Mississippi, they might not be aware of how the insurance process works. Mississippi is a “fault” state, meaning that victims can recover compensation directly from the negligent party, either through an insurance claim or a lawsuit. In a “no-fault” state, victims are required to recover compensation from their own insurance first and can typically only file a lawsuit when they have sustained serious injuries. This is one of the major differences between the two types of insurance. In Mississippi, you can file a lawsuit without filing a fault-based insurance claim first.
Another major distinction between fault and no-fault insurance is that victims do not need to prove fault in a no-fault insurance claim since their own insurance is covering their damages. Under Mississippi’s fault insurance rules, you must provide enough evidence to show that the other driver was responsible for your injuries. If evidence is scarce or does not conclusively show that your injuries were caused by this particular accident, your claim could be denied or receive an unfair settlement. In that event, you can file a lawsuit to recover compensation. Our Hattiesburg car accident lawyers can help you prepare your claim and ensure you are treated fairly throughout the process.
Should I File a Fault Insurance Claim or a Lawsuit in Mississippi?
Some people might think they need to go through insurance first before they can file a lawsuit. While this would be the case in a no-fault insurance state, it is not a requirement in a fault state like Mississippi. In Mississippi, you can file a lawsuit against the negligent party as a first option if they choose. Also, there is no need to worry whether the other person will be able to cover your damages in a lawsuit. The insurance company for a negligent person must cover the damages they caused in an insurance claim or a lawsuit.
Also, you are not barred from filing a lawsuit after you have submitted an insurance claim. This is actually a common development in many cases. Insurance claims in a fault state typically involve negotiations between an insurance company and a victim’s attorney in an attempt to settle the case before a trial becomes necessary. However, negotiations are not helpful if it is clear that the insurance company will not pay the full amount you are entitled to. If an insurance company offers a final settlement below the costs of your damages or takes too long to respond to your demand, you can file a lawsuit to keep the process moving. Our Jackson car accident attorneys can help you during settlement negotiations and prepare your lawsuit if they do not seem fruitful.
Evidence Used in Fault Insurance Claims and Lawsuits
Since Mississippi is a fault state, you will need to provide evidence proving the other party was at fault to recover compensation. This will be the case no matter if you file an insurance claim or pursue damages in a lawsuit. Some of the evidence you will need will already be in your possession, while other records will need to be gathered from several sources. The more evidence you have to substantiate your claims, the more likely you are to recover the compensation you deserve. The following are the types of evidence that our attorneys will use in your case:
- Police crash reports
- Hospital records
- Other medical providers’ records
- Physical evidence from the scene
- Photographic evidence of the scene and injuries
- Photographic evidence of your injuries
- Property damages estimates
- Traffic camera footage
- Security camera footage
- Dash-cam footage
- Eyewitness testimony
- Expert witness testimony
Taken together, the records listed above will tell the story of how your injuries were caused and the compensation you will need to make things right. Our Biloxi car accident attorneys can help you gather the evidence you need to prove your claim.
Are there Problems with Mississippi’s Fault Insurance System?
Nothing is perfect, and Mississippi’s fault insurance system is no exception. A few situations can cause trouble as a result of the way Mississippi’s insurance process works. Arguably the biggest challenge is when a negligent driver is uncooperative and will not share their insurance information, or they flee the scene of the accident without being identified. Because victims must recover compensation from the other driver, this could seriously impede your recovery efforts. If you did not purchase additional uninsured motorist coverage and the driver cannot be found, you might not be able to get compensated.
Hit-and-run accidents are more common than many people realize. If the fleeing driver cannot be located, you could be on the hook for your damages, like medical bills, lost wages, and property damage costs. However, you may have additional insurance that can help with these situations by providing first-party benefits. Also, drivers can be tracked down through police investigation, and our firm can also conduct our own investigation into a driver’s identity. Once the driver has been found, you will still likely need to wait for a criminal prosecution against the driver to conclude before you can file a civil lawsuit against them. Our Mississippi personal injury attorneys can help you overcome the difficulties presented in your case.
Our Mississippi Car Accident Attorneys Can Help
If you suffered injuries in a car accident, our Mississippi car accident attorneys can help you file your fault insurance claim or lawsuit. Call Howe Law at (844) 876-4357 for a free assessment of your case.
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