Category Archives: Car Accident Cases

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Understanding the Overlap Between Workers’ Compensation and Personal Injury Claims

If you were injured in a car accident while performing your job duties in Mississippi, your legal options may involve more than one type of claim. Many workers are surprised to learn that they could be entitled to workers’ compensation benefits and also pursue a third-party personal injury claim—depending on how the accident happened and who was at fault.

Understanding the interaction between these two legal systems is critical to protecting your health, your income, and your long-term financial security after a work-related auto accident.

When Does Workers’ Compensation Cover a Car Accident Injury?

In Mississippi, the workers’ compensation system provides benefits to employees injured in the course and scope of their employment—regardless of who was at fault for the accident. If you were on the job at the time of the crash, you may be eligible for workers’ comp, even if the crash was caused by another driver or happened in a company vehicle.

You may qualify for workers’ compensation if the accident occurred while:

  • Driving between job sites

  • Making a delivery

  • Running a work-related errand

  • Transporting tools, equipment, or coworkers

  • Operating a company vehicle

  • Traveling for a work assignment or meeting

However, workers’ comp will not apply if you were driving for personal reasons or were off-duty at the time of the crash—even if you were in a company vehicle.

What Does Workers’ Compensation Pay For in a Car Accident?

If your injuries are covered by Mississippi workers’ comp, you may be eligible to receive:

  • Medical treatment for accident-related injuries

  • Temporary total disability (TTD) benefits while you’re unable to work

  • Permanent disability benefits for lasting impairments

  • Mileage reimbursement for traveling to medical appointments

  • Vocational rehabilitation if you can’t return to your previous job

However, workers’ comp does not pay for pain and suffering, emotional distress, or the full value of lost wages. That’s where a third-party claim may come into play.

When You Can File a Third-Party Car Accident Claim

If someone other than your employer or a co-worker was at fault for the crash, you may also have the right to pursue a third-party personal injury claim against that individual or their insurance company. This includes:

  • Another driver who caused the collision

  • A commercial trucking company

  • A government entity responsible for unsafe road conditions

  • A vehicle or parts manufacturer (if a defect contributed to the crash)

A successful third-party claim allows you to recover damages that aren’t available through workers’ comp, such as:

  • Pain and suffering

  • Loss of enjoyment of life

  • Emotional distress

  • Full wage loss (not just a portion)

  • Loss of future earning capacity

Importantly, you can pursue both claims at the same time—workers’ comp provides immediate benefits, while the third-party claim focuses on full compensation.

How the Two Systems Interact

When you recover damages from a third-party lawsuit, the workers’ comp insurance provider may place a lien on part of your recovery. This means they have the right to be reimbursed for the medical expenses and wage benefits they paid on your behalf.

An attorney can often negotiate a reduction in the lien amount, allowing you to keep more of your third-party settlement. Managing this overlap is a crucial part of maximizing your total recovery.

Why You Need Legal Guidance in Work-Related Car Accident Claims

Cases involving both workers’ compensation and third-party liability are more complicated than standard car accident or work injury claims. Without legal representation, you risk:

  • Overlooking one of your available claims

  • Accepting less than your case is worth

  • Losing part of your settlement to liens or subrogation

  • Being pressured into a quick settlement that doesn’t account for long-term effects

An experienced attorney can coordinate both claims, gather the necessary evidence, and protect your right to full compensation.

Call Attorney Bill Kellum for a free consultation

If you were injured in a car accident while working in Mississippi, you may be entitled to workers’ compensation and additional damages through a third-party personal injury claim. The legal team at Kellum Law Firm, P.C. understands how to handle both aspects of your case and fight for everything you’re owed. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today to schedule a free consultation and protect your rights.

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Understanding Liability and Compensation After a Crash with a Delivery Truck, Semi, or Work Vehicle

Car accidents involving commercial vehicles—such as delivery trucks, semis, utility vehicles, or company cars—present unique challenges for injury victims in Mississippi. These crashes are often more severe due to the size and weight of commercial vehicles, and the process of determining liability is more complex than in typical two-car collisions.

If you’ve been injured in a collision with a commercial vehicle, understanding how liability is assessed and how to pursue compensation can make a major difference in the outcome of your case. Commercial vehicle operators and their employers are held to high safety standards, but their insurance providers are often aggressive in fighting claims.

Who Can Be Held Liable in a Mississippi Commercial Vehicle Accident?

Unlike standard accidents involving private vehicles, commercial vehicle crashes may involve multiple liable parties. Determining who is responsible requires a thorough investigation and a clear understanding of state and federal transportation laws.

1. The Commercial Driver

The driver may be at fault for:

  • Speeding or reckless driving

  • Fatigue from exceeding hours-of-service limits

  • Distracted or impaired driving

  • Failing to yield or obey traffic signals

  • Improper lane changes or wide turns

Commercial drivers are held to a higher standard of care under both Mississippi law and federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA).

2. The Driver’s Employer (Trucking Company or Business Owner)

Employers can be held liable under the legal doctrine of respondeat superior, which holds companies responsible for the negligent actions of employees who are acting within the scope of their employment.

Employers may also be independently liable if they:

  • Failed to properly train the driver

  • Ignored safety violations

  • Pressured the driver to meet unreasonable delivery deadlines

  • Failed to maintain or inspect the vehicle

  • Hired a driver with a poor safety record

3. The Vehicle Manufacturer or Maintenance Company

If the accident was caused by a mechanical failure—such as brake failure or a tire blowout—a parts manufacturer, maintenance provider, or repair shop may be partially or fully liable.

4. The Cargo Loading Company

Improperly loaded or unsecured cargo can cause rollovers, jackknife accidents, or spilled loads. If a third party loaded the truck improperly, that company may be liable as well.

Common Causes of Commercial Vehicle Accidents in Mississippi

  • Fatigued driving due to over-scheduling or hours-of-service violations

  • Inadequate training or supervision by the employer

  • Mechanical failures due to poor maintenance

  • Distracted driving (e.g., texting, using GPS while driving)

  • Speeding to meet delivery deadlines

  • Unsafe lane changes or wide turns on narrow Mississippi roads

Commercial vehicles are often equipped with electronic logging devices (ELDs), GPS trackers, and event data recorders. These can be key sources of evidence in proving how the crash occurred and whether rules were violated.

What to Do After a Mississippi Commercial Vehicle Crash

1. Seek Immediate Medical Attention

Prioritize your health and document your injuries. Prompt treatment also helps support your legal claim.

2. Call the Police and Get an Official Report

A police report provides an official record of the accident and may include citations or observations that support your claim.

3. Document the Scene

Take photos of the vehicles, your injuries, road conditions, skid marks, signage, and anything else relevant. If there are witnesses, collect their contact information.

4. Do Not Speak to the Commercial Driver’s Insurance or Employer

The insurance company or trucking company may try to get a recorded statement. Politely decline and direct all communication to your attorney.

5. Consult a Personal Injury Attorney

Commercial vehicle claims are complex. You’ll be dealing with corporate insurers, legal teams, and potentially multiple responsible parties. Legal representation helps level the playing field and ensures evidence is preserved and deadlines are met.

Why Commercial Vehicle Claims Are More Complicated

Commercial vehicle crashes typically involve:

  • Larger insurance policies — which means insurers fight harder to limit payouts

  • Corporate defendants — with legal teams that try to shift blame or minimize damages

  • Federal regulations — that may impact driver schedules, vehicle maintenance, and logging procedures

  • Severe injuries — due to the size and weight of commercial trucks

If you or a loved one has suffered serious injuries or a wrongful death due to a crash with a commercial vehicle, it’s important to have a legal team that understands both Mississippi personal injury law and federal trucking regulations.

Call Attorney Bill Kellum For a Free Consultation 

If you’ve been injured in a car accident involving a commercial vehicle in Mississippi, don’t go up against the trucking company or their insurer alone. The attorneys at Kellum Law Firm, P.C. know how to investigate these complex claims, preserve critical evidence, and pursue full compensation for your losses. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule a free consultation and protect your legal rights.

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Understanding Liability and Compensation After a Crash with a Delivery Truck, Semi, or Work Vehicle

Car accidents involving commercial vehicles—such as delivery trucks, semis, utility vehicles, or company cars—present unique challenges for injury victims in Mississippi. These crashes are often more severe due to the size and weight of commercial vehicles, and the process of determining liability is more complex than in typical two-car collisions.

If you’ve been injured in a collision with a commercial vehicle, understanding how liability is assessed and how to pursue compensation can make a major difference in the outcome of your case. Commercial vehicle operators and their employers are held to high safety standards, but their insurance providers are often aggressive in fighting claims.

Who Can Be Held Liable in a Mississippi Commercial Vehicle Accident?

Unlike standard accidents involving private vehicles, commercial vehicle crashes may involve multiple liable parties. Determining who is responsible requires a thorough investigation and a clear understanding of state and federal transportation laws.

1. The Commercial Driver

The driver may be at fault for:

  • Speeding or reckless driving

  • Fatigue from exceeding hours-of-service limits

  • Distracted or impaired driving

  • Failing to yield or obey traffic signals

  • Improper lane changes or wide turns

Commercial drivers are held to a higher standard of care under both Mississippi law and federal regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA).

2. The Driver’s Employer (Trucking Company or Business Owner)

Employers can be held liable under the legal doctrine of respondeat superior, which holds companies responsible for the negligent actions of employees who are acting within the scope of their employment.

Employers may also be independently liable if they:

  • Failed to properly train the driver

  • Ignored safety violations

  • Pressured the driver to meet unreasonable delivery deadlines

  • Failed to maintain or inspect the vehicle

  • Hired a driver with a poor safety record

3. The Vehicle Manufacturer or Maintenance Company

If the accident was caused by a mechanical failure—such as brake failure or a tire blowout—a parts manufacturer, maintenance provider, or repair shop may be partially or fully liable.

4. The Cargo Loading Company

Improperly loaded or unsecured cargo can cause rollovers, jackknife accidents, or spilled loads. If a third party loaded the truck improperly, that company may be liable as well.

Common Causes of Commercial Vehicle Accidents in Mississippi

  • Fatigued driving due to over-scheduling or hours-of-service violations

  • Inadequate training or supervision by the employer

  • Mechanical failures due to poor maintenance

  • Distracted driving (e.g., texting, using GPS while driving)

  • Speeding to meet delivery deadlines

  • Unsafe lane changes or wide turns on narrow Mississippi roads

Commercial vehicles are often equipped with electronic logging devices (ELDs), GPS trackers, and event data recorders. These can be key sources of evidence in proving how the crash occurred and whether rules were violated.

What to Do After a Mississippi Commercial Vehicle Crash

1. Seek Immediate Medical Attention

Prioritize your health and document your injuries. Prompt treatment also helps support your legal claim.

2. Call the Police and Get an Official Report

A police report provides an official record of the accident and may include citations or observations that support your claim.

3. Document the Scene

Take photos of the vehicles, your injuries, road conditions, skid marks, signage, and anything else relevant. If there are witnesses, collect their contact information.

4. Do Not Speak to the Commercial Driver’s Insurance or Employer

The insurance company or trucking company may try to get a recorded statement. Politely decline and direct all communication to your attorney.

5. Consult a Personal Injury Attorney

Commercial vehicle claims are complex. You’ll be dealing with corporate insurers, legal teams, and potentially multiple responsible parties. Legal representation helps level the playing field and ensures evidence is preserved and deadlines are met.

Why Commercial Vehicle Claims Are More Complicated

Commercial vehicle crashes typically involve:

  • Larger insurance policies — which means insurers fight harder to limit payouts

  • Corporate defendants — with legal teams that try to shift blame or minimize damages

  • Federal regulations — that may impact driver schedules, vehicle maintenance, and logging procedures

  • Severe injuries — due to the size and weight of commercial trucks

If you or a loved one has suffered serious injuries or a wrongful death due to a crash with a commercial vehicle, it’s important to have a legal team that understands both Mississippi personal injury law and federal trucking regulations.

Call Bill Kellum For a free case review

If you’ve been injured in a car accident involving a commercial vehicle in Mississippi, don’t go up against the trucking company or their insurer alone. The attorneys at Kellum Law Firm, P.C. know how to investigate these complex claims, preserve critical evidence, and pursue full compensation for your losses. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule a free consultation and protect your legal rights.

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Why You Should Be Careful With What You Say After a Mississippi Car Accident

After a car accident in Mississippi, you may get a call from the other driver’s insurance company within days—or even hours—of the crash. They may sound polite and concerned, and they’ll likely say they just need to “get your side of the story” or ask a few “routine” questions. But make no mistake: insurance adjusters work for the other driver’s insurer, and their job is to minimize the company’s liability—not to help you.

Giving a recorded statement, discussing your injuries, or casually answering questions can seriously damage your ability to recover fair compensation. Here’s what every accident victim in Mississippi needs to know before speaking with the other driver’s insurance adjuster.

Why the Adjuster Wants to Talk to You

Insurance adjusters are trained to protect the company’s bottom line. They gather information that could:

  • Shift blame to you or someone else

  • Downplay your injuries

  • Create inconsistencies in your statements

  • Lock you into a version of events before all the facts are known

The goal is often to reduce or deny your claim entirely. Anything you say—especially if it’s recorded—can be used against you later during negotiations or in court.

What Can Go Wrong When You Speak With an Adjuster

1. You May Accidentally Admit Fault

Mississippi follows a pure comparative negligence rule, which means your compensation is reduced by the percentage of fault assigned to you. Saying something like “I didn’t see the other car,” “I was going a little fast,” or “I might’ve overreacted” can be twisted into an admission of liability—even if the other driver clearly caused the crash.

2. Your Statement May Be Incomplete or Inaccurate

After a crash, you may be shaken, confused, or unsure of all the details. If you make a statement early on and later remember new information, the insurer may claim you’re being dishonest or changing your story.

3. You May Minimize or Misrepresent Your Injuries

It’s common for accident victims to say “I’m okay” or “It’s not too bad” out of habit or because symptoms haven’t fully developed yet. Unfortunately, these words can be used to argue that your injuries are minor or nonexistent. Once you give a recorded statement saying you feel fine, it’s very difficult to walk that back—even if your condition worsens later.

4. You May Be Pressured Into Settling Too Early

In some cases, the adjuster may use your statement as a setup for a lowball settlement offer. They may push you to accept a quick payout before you know the full extent of your injuries, medical bills, or future needs. Once you accept a settlement, you usually cannot reopen the case—even if your condition deteriorates.

Your Rights When Dealing With Insurance Companies in Mississippi

You are not legally required to speak with the other driver’s insurance adjuster. You can politely decline to give a recorded statement and refer them to your attorney instead. In fact, this is often the smartest move you can make.

If you must communicate with the adjuster, remember:

  • Do not give a recorded statement without legal advice

  • Do not discuss your injuries or medical treatment

  • Do not speculate about how the accident happened

  • Do not accept fault, even partially

  • Do not discuss settlement offers on your own

You can provide basic information such as your name, contact details, and vehicle info—but nothing more.

Let Your Attorney Handle the Communication

When you hire an attorney, they deal directly with the insurance companies on your behalf. This protects you from saying anything that could hurt your claim and ensures that your rights are preserved throughout the claims process. Your attorney will:

  • Review any request for statements or documents

  • Help you prepare if a statement is truly necessary

  • Handle negotiations to avoid low settlement offers

  • Push back against bad-faith insurance tactics

The sooner you speak with an attorney, the better your chances of securing full and fair compensation for your injuries, medical bills, lost wages, and pain and suffering.

Call Attorney Bill Kellum For a Free Case Review

If you’ve been injured in a Mississippi car accident, don’t let the other driver’s insurance company take control of your case. The attorneys at Kellum Law Firm, P.C. can protect your rights and fight for the compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule a consultation and let us handle the insurance companies for you.

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How Video Evidence Can Strengthen Your Case for Compensation

When a car accident happens, proving exactly what occurred can quickly turn into a battle of conflicting stories. In Mississippi, dash cam footage has become a powerful tool that can strengthen your car accident claim by providing clear, unbiased evidence about the moments leading up to, during, and after a crash. Having real-time video can help establish fault, protect your credibility, and support the amount of compensation you deserve.

If you have a dash cam—or are thinking about installing one—understanding how this footage can be used is important for protecting your legal rights after a crash.

How Dash Cam Footage Strengthens Liability Claims in Mississippi

Under Mississippi’s fault-based insurance system, you must prove that another driver was responsible for causing the accident to recover damages. Dash cam video can provide visual evidence that supports your version of events, making it much harder for the other driver or their insurance company to dispute liability.

Dash cam footage can capture:

  • A driver running a red light or stop sign

  • Sudden lane changes without signaling

  • Tailgating or aggressive driving behavior

  • Speeding or reckless driving

  • Texting while driving or distracted behavior

  • The exact location and conditions at the scene of the crash

  • Actions taken by both drivers immediately before the collision

In a system where insurance companies routinely challenge claims, having video proof can dramatically strengthen your position and help avoid lengthy arguments about who was at fault.

Supporting Damage Claims with Dash Cam Footage

In addition to showing how the accident happened, dash cam footage can also support claims for physical damage and injuries. For example, the footage may show:

  • The severity of the collision’s impact

  • How violently your body was moved during the crash

  • Immediate reactions to the accident, such as pain, confusion, or distress

  • Witness reactions and comments immediately after the crash

  • Environmental factors, such as weather or road conditions

All of this information can help document the seriousness of the crash and support claims for medical treatment, vehicle repair costs, pain and suffering, and emotional distress.

Admissibility of Dash Cam Footage in Mississippi Courts

Mississippi courts generally allow dash cam footage as evidence as long as it is:

  • Relevant to proving a key fact in the case (such as fault or extent of injury)

  • Authentic (you can prove when, where, and how it was recorded)

  • Unaltered (the footage must not be edited or manipulated)

If these conditions are met, dash cam video can be a persuasive piece of evidence during settlement negotiations or at trial. However, any video you provide will likely be examined closely, so it’s important that it captures the full context of the crash fairly.

Potential Limitations of Dash Cam Evidence

While dash cams can be extremely helpful, they are not foolproof. Limitations include:

  • Limited Field of View – Front-facing cameras may miss side or rear impacts.

  • No Context for Speed or Force – Video can show movement but doesn’t always clearly indicate how fast vehicles were traveling.

  • Possibly Unfavorable Evidence – If the footage shows you were partially at fault (for example, speeding or distracted), it could be used against you under Mississippi’s pure comparative negligence system.

Because Mississippi allows injury victims to recover compensation even if they are partially at fault, careful review of dash cam footage with an attorney is important before sharing it with insurance companies or defense lawyers.

What to Do If You Have Dash Cam Footage After a Mississippi Car Accident

If you were involved in a crash and have dash cam footage:

  • Save the footage immediately—do not allow it to be overwritten or erased.

  • Back up the file on a secure external drive or cloud storage service.

  • Preserve the original memory card and avoid making edits to the video.

  • Tell your attorney about the footage as early as possible.

  • Be cautious before sending the footage directly to an insurance adjuster without legal advice.

An experienced attorney can review the footage with you to determine how it supports your claim and ensure that it is used strategically to strengthen your case.

Call For A Free Case Review With BIll

Dash cam footage can be a powerful tool after a Mississippi car accident—but how you handle it matters. If you’ve been injured and have video evidence, the attorneys at Kellum Law Firm, P.C. can help you use it effectively to protect your rights and maximize your compensation. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today to schedule a consultation and learn more about your legal options.

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Practical Tips for Tracking Symptoms, Treatment, and Pain After a Car Accident

If you’ve been injured in a Mississippi car accident, thorough documentation of your injuries is essential for building a successful personal injury claim. Insurance companies will scrutinize every detail of your case, looking for ways to deny or minimize what they owe. The more evidence you have, the harder it becomes for them to dispute your injuries or argue that your damages are exaggerated or unrelated to the crash.

Accurate, consistent, and organized injury documentation helps prove the full extent of your physical, emotional, and financial losses. Below are key tips to protect your case and increase your chances of recovering full compensation.

Why Injury Documentation Matters in Mississippi Car Accident Claims

Under Mississippi’s fault-based system, the party who caused the crash is responsible for your damages. To recover compensation for medical bills, lost wages, and pain and suffering, you must provide clear evidence of:

  • The injuries you suffered

  • How those injuries were caused by the accident

  • The treatment you received and will continue to need

  • The impact of your injuries on your ability to work and live your life

Strong documentation shows that your claim is legitimate and that your losses are real.

1. Seek Immediate Medical Attention and Follow Through with All Treatment

The first step in documenting your injuries is to visit a medical provider immediately after the crash—even if you don’t feel seriously hurt. Some injuries, like whiplash, soft tissue damage, or internal injuries, may not show symptoms right away but can worsen without treatment.

When you see a doctor:

  • Explain all symptoms in detail

  • Mention the car accident as the cause of your condition

  • Request that everything be documented in your records

Follow all recommendations, attend follow-up appointments, take prescribed medications, and complete physical therapy if required. Gaps in treatment or non-compliance can be used by the insurance company to suggest that your injuries weren’t serious or were unrelated to the crash.

2. Keep a Daily Injury and Pain Journal

One of the most powerful tools in your case is your own words. Starting the day of the crash, write down your symptoms, limitations, and pain levels. Be consistent, honest, and specific.

Your injury journal should include:

  • The level of pain you feel each day (e.g., on a 1–10 scale)

  • Activities you can no longer perform or that cause pain

  • Emotional effects, such as anxiety, depression, or difficulty sleeping

  • Missed work or social events due to your injuries

  • Changes in your ability to care for yourself or your family

This type of daily tracking helps paint a full picture of how the accident has impacted your quality of life—something that medical records alone may not capture.

3. Save All Medical Records and Bills

Request and organize all documents related to your medical care, including:

  • Emergency room records

  • Diagnostic imaging (X-rays, CT scans, MRIs)

  • Surgery and hospital reports

  • Prescription receipts

  • Physical therapy notes

  • Chiropractic or specialist visits

  • Receipts for out-of-pocket expenses (e.g., crutches, braces, over-the-counter meds)

These records establish the cost and scope of your treatment. Keep them in a safe, organized place, and make digital copies as a backup.

4. Photograph Visible Injuries and Track Healing Over Time

Pictures provide visual proof of your injuries and how they evolve over time. Take clear, timestamped photos of:

  • Cuts, bruises, swelling, and lacerations

  • Bandages, casts, stitches, and braces

  • Surgical scars or visible physical limitations

Continue taking photos weekly or bi-weekly to document your recovery—or lack thereof. Visual evidence is difficult for insurance companies to dispute and can be especially persuasive during settlement negotiations or in court.

5. Track Lost Wages and Professional Impact

If your injuries have affected your ability to work, you’ll need documentation to prove the income you’ve lost. Collect:

  • Pay stubs from before the accident

  • Notes from your doctor placing you on work restrictions

  • Letters from your employer confirming missed days and reduced hours

  • Tax documents or profit/loss statements (for self-employed individuals)

If you had to use paid time off or vacation days, include those records too—they represent real losses that should be factored into your claim.

6. Save Communication with Medical Providers and Insurance Adjusters

Keep a record of all emails, letters, texts, or voicemails from:

  • Doctors and therapists

  • Insurance adjusters

  • Billing offices and collection agencies

  • Your employer (about time off or work restrictions)

These communications can support your claim and help clarify timelines and treatment decisions.

Call For A Free Case Review With BIll

If you were hurt in a car accident in Mississippi, thorough injury documentation can be the difference between a denied claim and a fair settlement. The attorneys at Kellum Law Firm, P.C. can help you gather the evidence needed to support your case and fight for full compensation. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule your consultation today.

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Understanding the Role of Health Insurance, Auto Insurance, and Liability Coverage

If you’ve been injured in a car accident in Mississippi, one of the first questions you may have is: Who pays my medical bills? The answer isn’t always straightforward. Several types of coverage may apply, and the order in which they’re used depends on the specifics of your situation, your insurance policies, and who was at fault for the crash.

Understanding how health insurance, auto insurance, and third-party liability coverage work together can help ensure your medical bills are handled properly—and that you don’t get stuck paying out-of-pocket for someone else’s negligence.

1. Your Health Insurance

Your health insurance—whether it’s through your employer, a private plan, or Medicaid/Medicare—can typically be used to pay for treatment after a car accident. However, using your health insurance doesn’t necessarily mean that’s where the cost ends.

If you file a personal injury claim against the at-fault driver, your health insurer may request reimbursement from your settlement through a process called subrogation. This means your health insurance provider pays your medical bills upfront, but they have the right to be reimbursed if you later receive compensation for those same bills from a third party.

Health insurance also often requires co-pays, deductibles, and may limit the type of care you can receive. That’s why many car accident victims turn to auto-related coverage options first.

2. Your Auto Insurance: MedPay Coverage

In Mississippi, Medical Payments Coverage (MedPay) is optional auto insurance that pays for your medical bills regardless of who caused the accident. If you’ve elected MedPay as part of your policy, it typically kicks in first before health insurance or third-party liability coverage.

MedPay may cover:

  • Emergency room visits

  • Ambulance transport

  • X-rays and imaging

  • Follow-up care

  • Physical therapy

  • Surgical expenses

It can also cover medical costs for your passengers. MedPay usually has policy limits, such as $1,000, $5,000, or more, depending on what you chose when purchasing coverage. Unlike health insurance, MedPay doesn’t require co-pays or deductibles and doesn’t demand repayment if you win a personal injury settlement.

3. The At-Fault Driver’s Insurance (Third-Party Liability)

Mississippi follows a fault-based system, meaning the party who caused the accident is legally responsible for paying damages—including medical expenses—through their liability insurance. State law requires drivers to carry minimum liability coverage of:

  • $25,000 for bodily injury per person

  • $50,000 per accident if more than one person is injured

  • $25,000 for property damage

You can pursue compensation from the at-fault driver’s insurance company through a third-party claim. However, liability coverage is not paid immediately—it typically comes after the claim is settled, which can take months or even longer. In the meantime, you’ll need to rely on MedPay, health insurance, or your own out-of-pocket funds.

In cases involving severe injuries or high medical costs, the at-fault driver’s insurance limits may not fully cover your damages. If that happens, you may need to pursue additional options.

4. Uninsured/Underinsured Motorist Coverage (UM/UIM)

If the at-fault driver has no insurance—or not enough to cover your medical expenses—you may be able to use Uninsured/Underinsured Motorist (UM/UIM) coverage. Though optional in Mississippi, UM/UIM coverage can make up the difference when the at-fault party can’t pay.

For example, if your medical expenses total $75,000 and the at-fault driver only has $25,000 in coverage, your UIM policy could potentially cover the remaining $50,000, depending on your limits.

5. Out-of-Pocket Costs and Medical Liens

In some cases, you may have to pay some expenses upfront or receive care under a medical lien, especially if you don’t have health insurance or MedPay coverage. A medical lien allows your healthcare provider to delay collection until your injury claim is resolved. The lien ensures the provider is paid from your settlement.

Keep in mind:

  • Providers with liens may charge full prices, not discounted insurance rates

  • Liens must typically be paid before you receive your portion of any settlement

An attorney can negotiate with providers and lienholders to reduce the amount owed and maximize your recovery.

Coordinating All These Sources

When multiple insurance policies are involved—health insurance, MedPay, UM/UIM, and liability—it can get confusing. You may need help figuring out:

  • Which policy pays first

  • What’s reimbursable

  • What paperwork is needed to support your claim

  • How to avoid losing money through subrogation or liens

Legal guidance can ensure all available coverage is properly used and that your final recovery isn’t unfairly reduced by billing errors or insurer tactics.

CalL Bill Kellum for a free consultation

Medical bills after a Mississippi car accident can add up fast. Understanding who pays—and when—is key to avoiding long-term financial harm. The attorneys at Kellum Law Firm, P.C. can help you coordinate insurance coverage, protect your rights, and pursue full compensation. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule your consultation today.

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Why What You Post Online Can Undermine Your Injury Claim

After a car accident in Mississippi, your first thought is usually recovery—not how your Facebook or Instagram posts might affect your legal case. But what you share online can quickly become a liability. Insurance companies and defense attorneys routinely monitor accident victims’ social media profiles for anything that can be used to deny or reduce a claim. Even innocent photos or comments can be twisted to make it appear like your injuries aren’t serious or that you’re partly at fault.

Knowing what not to post—and why—can protect your right to full compensation.

Why Insurance Companies Monitor Social Media

Once you file a car accident injury claim, your life becomes open to scrutiny. Insurance adjusters may search your social media accounts, looking for anything that contradicts your official statements. They’re trying to:

  • Undermine your credibility

  • Prove that your injuries are not as severe as claimed

  • Show that you were engaged in activities inconsistent with your injury

  • Find evidence that might suggest fault or risky behavior

Anything you post—photos, comments, check-ins, or tags—can be taken out of context and used as evidence against you.

Examples of Social Media Posts That Can Harm Your Case

Photos of You Looking “Healthy” or Active

If you claim you’re unable to work or participate in daily activities due to the accident, but then post pictures of yourself at a family gathering, walking on the beach, or lifting a child, the insurance company may argue that your injuries are exaggerated—or nonexistent.

Comments About the Accident

Even seemingly harmless comments like “It wasn’t that bad” or “I should’ve been paying more attention” can damage your case. These types of posts can be interpreted as admissions of fault or downplaying your injuries.

Sharing Details About Your Claim or Settlement

Posting about conversations with your attorney, medical progress, or anticipated settlement amounts can violate confidentiality and give the opposing side insight into your legal strategy.

Being Tagged in Other People’s Posts

You might not post anything yourself, but if someone else tags you in a photo or check-in that contradicts your injury claims, it can be just as damaging.

How Courts View Social Media Evidence in Mississippi

In Mississippi, social media content is considered discoverable evidence, meaning the other side can request access to your posts during the litigation process. Even if your profile is set to private, the court may compel you to turn over relevant content if it relates to your injuries, lifestyle, or damages.

Deleting posts after the accident may also raise red flags and could be seen as an attempt to destroy evidence, which can hurt your credibility.

Best Practices for Social Media After a Car Accident

To protect your personal injury claim, it’s important to take the following precautions:

  • Avoid posting entirely until your case is resolved

  • Do not accept friend requests from people you don’t know

  • Ask friends and family not to tag you in photos or posts

  • Avoid discussing any part of your case online, including medical treatment or attorney meetings

  • Review your privacy settings—but don’t rely on them to keep posts hidden from legal discovery

If in doubt, assume that anything you post could be read aloud in court or shown to a claims adjuster.

How Legal Representation Helps Protect You

An experienced personal injury attorney can help guide you on what to avoid and how to preserve the integrity of your case. They can also respond to improper discovery requests or limit what social media content must be shared. In a serious car accident claim, where compensation may involve thousands in medical bills and lost wages, protecting your online presence becomes part of your legal strategy.

Call Attorney Bill Kellum For a Free Consultation!

If you’ve been involved in a car accident in Mississippi and the other driver is lying about what happened, your claim could be at risk. The attorneys at Kellum Law Firm, P.C. are ready to help protect your rights and build the strongest case possible. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule a consultation and discuss your options today.

Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000

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Protecting Your Rights When the Other Driver Gives a False Version of Events

After a car accident in Mississippi, you expect everyone involved to tell the truth. Unfortunately, that’s not always the case. If the at-fault driver lies about what happened, it can put your claim at risk—especially if you’re seeking compensation for injuries or property damage. Insurance companies may hesitate to pay, and liability may be disputed. However, you’re not powerless. There are specific steps you can take to protect your rights and build a strong case when the other driver’s version of events doesn’t match reality.

Why a Driver Might Lie After a Car Accident

Some drivers lie to avoid taking responsibility, especially if they were:

  • Driving without insurance or a valid license

  • Under the influence of drugs or alcohol

  • Distracted or texting while driving

  • Speeding or violating traffic laws

  • Facing points on their license or a history of accidents

Lying might seem like a way to dodge financial or legal consequences, but it can lead to serious problems—especially for injured victims seeking fair compensation.

How to Protect Your Rights If the Other Driver Is Lying

1. Call the Police and Get a Crash Report

Always call law enforcement to the scene, even if the damage appears minor. A Mississippi Uniform Crash Reportbecomes a key piece of evidence. The responding officer will gather statements, document the scene, and sometimes issue citations. If the other driver lies, the officer’s neutral observations can help support your version of events.

If you suspect the other driver is lying to police, calmly provide your version of events, correct any false information on the record, and ask the officer to include your statement in the report.

2. Collect Evidence at the Scene

Your best defense against a dishonest driver is solid evidence. If you’re able, take the following steps at the scene:

  • Take clear photos of vehicle damage, license plates, debris, and the surrounding area

  • Get contact information from all witnesses and ask if they’re willing to provide a statement

  • Write down everything you remember about how the crash occurred

  • Note the positions of the vehicles, traffic signs, and weather or lighting conditions

This information can help counter false statements later.

3. Request a Copy of the Police Report

Once the report is available, get a copy and review it carefully. If it supports your version of events or includes inconsistencies in the other driver’s statement, it becomes valuable evidence during the insurance claims process or in court.

If the report contains incorrect information, you can request a correction or add a written supplement to clarify your side.

4. Preserve All Evidence Related to the Accident

Keep records of:

  • Medical visits and diagnoses

  • Car repair estimates or invoices

  • Communications with insurance companies

  • Witness statements and photos

  • Dash cam footage, if available

The more documentation you have, the stronger your position will be if the insurance company questions fault.

5. Notify Your Insurance Company

Report the accident to your own insurer, even if the other driver was clearly at fault. Provide all the evidence you’ve gathered and explain that the other driver is giving a false version of events. Your insurance adjuster may perform an independent investigation and can also help challenge the other driver’s claims.

6. Watch What You Say to the Other Driver’s Insurance Company

If you’re contacted by the other driver’s insurer, be careful about what you say. Do not give a recorded statement without legal advice. Insurers may try to twist your words or pressure you to accept partial fault.

When False Statements Lead to Denied or Delayed Claims

If the insurance company sides with the other driver or refuses to offer fair compensation because of conflicting accounts, legal action may be the next step. In Mississippi, you have three years from the date of the accident to file a personal injury lawsuit. A lawyer can help gather additional evidence, interview witnesses, and bring in accident reconstruction experts to strengthen your case.

Why Legal Representation Can Make a Difference

When you’re dealing with a dishonest driver, a legal team can help level the playing field. Attorneys can:

  • Obtain and review police reports

  • Subpoena traffic camera footage or 911 records

  • Conduct depositions to expose inconsistencies in the other driver’s story

  • Hire accident reconstructionists to provide scientific analysis

  • Deal with insurance companies that are reluctant to pay due to conflicting accounts

Call Attorney Bill Kellum For a Free Consultation!

If you’ve been involved in a car accident in Mississippi and the other driver is lying about what happened, your claim could be at risk. The attorneys at Kellum Law Firm, P.C. are ready to help protect your rights and build the strongest case possible. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to schedule a consultation and discuss your options today.

Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000

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After a car accident in Mississippi, it’s not unusual to feel overwhelmed or confused—especially if injuries don’t appear serious right away. However, waiting too long to seek medical attention can have serious consequences for both your health and your ability to recover compensation. In car accident claims, medical documentation is one of the most important pieces of evidence. If there’s a delay between the crash and your treatment, insurance companies may use that gap to deny or reduce your claim.

How Immediate Medical Treatment Protects Your Health and Legal Rights

1. It Links Your Injuries Directly to the Crash

When you seek medical care right after an accident, your records will show the timing and cause of your injuries. This creates a clear connection between the crash and your medical condition. On the other hand, if you wait days or weeks before seeing a doctor, the insurance company may argue that your injuries were caused by something else or that you weren’t really hurt.

This is especially true for soft tissue injuries, back injuries, concussions, and internal trauma—conditions that might not present symptoms right away but can worsen without treatment. Without prompt documentation, proving these injuries were crash-related becomes more difficult.

2. It Prevents Insurance Companies From Downplaying Your Injuries

Insurance adjusters are trained to look for reasons to limit payouts. A delay in medical treatment is often used against injury victims. If you didn’t go to the hospital, visit urgent care, or see your primary doctor soon after the crash, the insurer might claim:

  • Your injuries are not serious

  • You recovered quickly and don’t need additional treatment

  • Your condition was pre-existing or unrelated to the crash

By getting evaluated immediately and following your doctor’s treatment plan, you reduce the chances of the insurance company minimizing your claim.

3. It Provides a Clear Record of Your Injuries and Treatment

Consistent medical documentation plays a major role in determining the value of your claim. The more thorough your medical records are, the easier it is to prove:

  • The severity of your injuries

  • The treatments and medications you received

  • Your prognosis and future medical needs

  • How your injuries affect your ability to work or enjoy life

If you wait too long to start treatment—or stop treatment early—the insurance company may argue that you weren’t seriously hurt or that you failed to mitigate your damages.

4. It Protects You from Delayed Injury Symptoms

Some injuries take time to show symptoms. It’s common for accident victims to feel fine at the scene but experience pain or other issues hours or days later. This is especially true for:

  • Whiplash and neck strain

  • Concussions and head injuries

  • Internal bleeding or organ damage

  • Spinal injuries

Getting checked by a doctor ensures that hidden injuries are diagnosed early and can be treated before they become more serious. It also protects your legal claim by creating a timely record of those injuries.

What To Do If You’ve Already Delayed Treatment

If you didn’t seek immediate treatment, it’s still important to see a doctor as soon as possible. When you do, be honest about the accident and when your symptoms began. Explain any delays and continue attending follow-up appointments.

Document everything, including:

  • Dates of all medical visits

  • Names of providers and specialists

  • Treatment plans and prescriptions

  • Out-of-pocket costs and co-pays

  • Work restrictions or disability caused by the injury

Your medical records, even if treatment was delayed, can still support your case with the help of an attorney who understands how to address the insurance company’s arguments.

Call Attorney Bill Kellum For a Free Consultation!

If you were hurt in a Mississippi car accident, don’t wait to get medical attention—it protects both your health and your legal claim. If you’re concerned about how a delay might affect your case, the attorneys at Kellum Law Firm, P.C. can help. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to understand your rights and explore your options for compensation.

Contact our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your options and secure the compensation you deserve.

Kellum Law Firm, P.C.
1438 North State St.
Jackson, MS 39202
(601) 969-2709
DIRECTIONS

Kellum Law Firm, P.C.
617 Market St.
Port Gibson, MS 39150
(601) 590-9000