Category Archives: Car Accident Cases

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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

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Car accidents can leave victims with serious injuries, long-term medical needs, and financial losses that go far beyond the limits of the at-fault driver’s insurance policy. In Mississippi, state law only requires drivers to carry minimum liability coverage—$25,000 per person and $50,000 per accident for bodily injury. In many cases, this amount doesn’t come close to covering the full cost of a serious crash. If you’re injured in a collision and the other driver doesn’t have enough insurance, you may be able to turn to your own policy for help through underinsured motorist (UIM) coverage.

What Is Underinsured Motorist Coverage?

Underinsured motorist (UIM) coverage is an optional part of your auto insurance policy that provides protection when the at-fault driver’s insurance limits aren’t enough to cover all your losses. This type of coverage can help pay for:

  • Medical expenses

  • Lost wages

  • Future medical care

  • Pain and suffering

  • Other out-of-pocket costs

Mississippi law does not require drivers to carry UIM coverage, but insurance companies must offer it. If you declined it, your insurer should have your signed rejection on file. If you purchased it, it can serve as a critical financial safety net when the other driver’s insurance runs out.

How UIM Coverage Works in Mississippi

If you’re injured in an accident and the at-fault driver has minimum coverage that doesn’t fully compensate you, UIM can make up the difference—up to the limits of your own policy. Here’s how it typically works:

  • You file a claim with the at-fault driver’s insurer.

  • Once their policy limits are exhausted, you can pursue a claim through your own UIM coverage.

  • Your insurance company will review your damages and determine how much additional compensation you may be entitled to.

For example, if your damages total $100,000, and the at-fault driver only carries $25,000 in liability coverage, your UIM policy may be able to cover the remaining $75,000—assuming your policy limits are high enough.

Why You Still Need to Prove Your Case

Even though you’re filing a claim with your own insurer, you still have to prove fault and damages, just as you would in a regular personal injury case. Your insurer may still challenge the value of your claim or whether your injuries were caused by the accident.

To support your UIM claim, it’s important to have:

  • Medical records and bills

  • Proof of lost income

  • Documentation of future treatment needs

  • Statements from doctors and other professionals

  • Witness statements or police reports

Insurance companies often try to minimize payouts—even to their own policyholders. Working with a legal team can help ensure that your claim is presented clearly, thoroughly, and with supporting evidence.

Stacking UIM Coverage in Mississippi

Mississippi allows for stacking of UIM coverage in certain situations. If you have more than one vehicle on your policy, you may be able to combine the coverage limits for each vehicle to increase the total amount available to you.

For instance, if you have $50,000 in UIM coverage per vehicle and two insured vehicles on your policy, you may be able to access up to $100,000 in total UIM benefits—depending on the terms of your policy.

Other Options if UIM Is Not Available

If you do not have underinsured motorist coverage, or if your policy limits still do not fully cover your damages, other options may include:

  • Filing a personal injury lawsuit against the at-fault driver directly. This could allow you to pursue their personal assets, though recovery may be limited if they lack significant resources.

  • Medical payments coverage (MedPay) on your own policy, which can help pay medical bills regardless of who caused the crash.

  • Health insurance, which may help cover ongoing treatment costs while your legal claim is pending.

  • Exploring third-party liability, such as claims against an employer (if the driver was working at the time), a vehicle manufacturer, or a bar that overserved the driver before the crash.

If you’ve been hurt in a Mississippi car accident and the other driver doesn’t have enough insurance to cover your losses, you still have legal options. The attorneys at Kellum Law Firm, P.C. can help you evaluate your policy, build a strong underinsured motorist claim, and pursue the compensation you need. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 today to discuss your case.

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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Passengers injured in a Mississippi car accident often have multiple options for seeking compensation. Unlike drivers, passengers are rarely found at fault for a crash, making it easier to pursue claims against the responsible party. Determining liability is essential to recovering damages for medical expenses, lost wages, and pain and suffering.

Potentially Liable Parties in a Passenger Injury Claim

1. The Driver of the Vehicle the Passenger Was In

If the driver of the vehicle the passenger was riding in caused the accident, they may be held responsible. The passenger can file a claim against the driver’s liability insurance, which should cover medical bills and other damages.

2. Another Driver Involved in the Accident

If another driver was at fault, their insurance policy should cover the injured passenger’s losses. In cases where multiple vehicles were involved, fault may be shared among different drivers, allowing the passenger to file claims against more than one insurance policy.

3. Multiple Drivers Sharing Fault

Mississippi follows a pure comparative negligence rule, meaning liability can be divided among multiple drivers. If both drivers share blame for the accident, a passenger may have claims against both drivers’ insurance policies, increasing the likelihood of full compensation.

4. Vehicle Manufacturers or Repair Shops

If a mechanical failure, defective part, or improper repair contributed to the accident, the vehicle manufacturer or repair shop may be liable. Product liability claims can be complex, requiring expert analysis to prove a defect caused or contributed to the crash.

5. Government Entities Responsible for Road Maintenance

Poorly maintained roads, missing traffic signs, or malfunctioning traffic lights can cause accidents. If hazardous road conditions contributed to the crash, the government agency responsible for maintaining the roads may be held accountable. However, claims against government entities have strict filing deadlines under the Mississippi Tort Claims Act (MTCA).

How Passengers Can Seek Compensation After a Car Accident

Passengers have several options for pursuing compensation, including:

  • Filing a Claim with the At-Fault Driver’s Insurance – Mississippi law requires drivers to carry liability insurance, which should cover passenger injuries.

  • Using Uninsured/Underinsured Motorist (UM/UIM) Coverage – If the at-fault driver lacks insurance or has insufficient coverage, the passenger may file a claim under their own UM/UIM policy if available.

  • Medical Payments (MedPay) Coverage – If the passenger has MedPay on their auto insurance policy, it can help cover medical bills regardless of fault.

  • Filing a Personal Injury Lawsuit – If insurance coverage is not enough, passengers may pursue legal action against the at-fault driver or other responsible parties.

Call Attorney Bill Kellum For a free consultation

If you were injured as a passenger in a Mississippi car accident, determining liability is key to securing compensation. The attorneys at Kellum Law Firm, P.C. can help you explore your legal options. 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

Posted on by

Car accidents can cause injuries that may not be immediately noticeable. Some injuries, such as whiplash, concussions, and internal damage, can take hours or even days to show symptoms. Seeking medical attention as soon as possible after an accident is not only crucial for your health but also plays a key role in protecting your ability to recover compensation. Delaying medical treatment can give insurance companies an opportunity to question the severity of your injuries or deny your claim altogether.

How Immediate Medical Treatment Strengthens Your Injury Claim

1. Establishing a Clear Connection Between the Accident and Your Injuries

To receive compensation for medical expenses, lost wages, and pain and suffering, you must prove that your injuries were directly caused by the accident. If you delay treatment, the insurance company may argue that:

  • Your injuries were caused by something other than the accident.
  • Your condition worsened due to lack of medical care, making it harder to attribute the severity of your injuries to the crash.
  • Your injuries are not serious since you did not seek immediate treatment.

Prompt medical care provides documentation that links your injuries directly to the accident, making it harder for insurers to dispute your claim.

2. Protecting Your Health and Preventing Worsening Conditions

Some injuries may not cause immediate pain or symptoms. Conditions like internal bleeding, concussions, or soft tissue injuries can worsen without medical intervention. A doctor can identify hidden injuries through physical exams, imaging tests, and other diagnostics.

Failing to seek treatment can lead to complications that require more extensive medical care later. If an insurer sees that you waited days or weeks to see a doctor, they may argue that your injuries were not severe enough to justify compensation.

3. Avoiding Insurance Company Tactics to Minimize Your Claim

Insurance adjusters are trained to minimize payouts. If there is any delay in seeking medical care, the insurance company may:

  • Claim that your injuries are exaggerated.
  • Argue that your symptoms could have been caused by a separate incident.
  • Offer a lower settlement based on the assumption that you were not seriously injured.

The longer you wait, the stronger the insurance company’s case becomes for denying or reducing your claim.

What to Do If You Did Not Seek Immediate Medical Attention

If you did not see a doctor immediately after the accident, it is still important to get checked as soon as possible. When you do visit a doctor, be honest about when your symptoms started and explain that you were in a car accident. Keep detailed records of:

  • Doctor visits and medical reports
  • X-rays, MRIs, or other imaging tests
  • Prescriptions and treatment plans
  • Pain levels and how your injuries affect daily activities

While a delay in treatment can make a claim more difficult, it does not necessarily mean you are ineligible for compensation. Working with a legal team can help present your case in a way that counters insurance company arguments.

Call Attorney Bill Kellum For a free consultation

If you were injured in a Mississippi car accident, seeking medical attention right away is crucial for your health and your legal claim. If you have concerns about how a delay in treatment might impact your case, the attorneys at Kellum Law Firm, P.C. can help. 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