Car accidents can lead to significant financial burdens, especially when the at-fault driver does not carry enough insurance to cover medical bills, lost wages, and vehicle repairs. In Mississippi, drivers have options for recovering compensation in these situations, including underinsured motorist (UIM) coverage. Understanding how UIM coverage works and what steps to take can help protect your financial interests after an accident with an underinsured driver.

Mississippi’s Minimum Insurance Requirements and the Risk of Underinsured Drivers

Mississippi law requires all drivers to carry minimum liability insurance to cover injuries and damages they cause in an accident:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury (if multiple people are injured)
  • $25,000 for property damage

However, these limits may not be enough to cover severe injuries, prolonged medical care, or total vehicle loss. If damages exceed the at-fault driver’s policy limits, victims must explore other options for recovering full compensation.

How Underinsured Motorist (UIM) Coverage Helps

Underinsured motorist (UIM) coverage is optional in Mississippi but highly recommended. This coverage helps pay for expenses when the at-fault driver’s insurance is insufficient. If your damages exceed the at-fault driver’s policy limits, your UIM coverage can step in to cover the remaining costs, up to your policy’s limits.

For example:

  • You suffer $100,000 in medical expenses after an accident.
  • The at-fault driver has only $25,000 in bodily injury coverage.
  • If you have $100,000 in UIM coverage, your policy can pay the remaining $75,000 after the at-fault driver’s insurance is exhausted.

Steps to Take When the At-Fault Driver’s Insurance Isn’t Enough

  1. File a Claim Against the At-Fault Driver’s Insurance

    • Before using your own UIM coverage, you must exhaust the other driver’s liability coverage. Your insurance company will require proof that their policy limits have been paid out.
  2. Notify Your Insurance Company of a Potential UIM Claim

    • Inform your insurer as soon as you suspect the other driver’s coverage will not fully compensate your losses.
  3. Gather Documentation

    • Keep copies of medical records, vehicle repair estimates, lost wage statements, and the at-fault driver’s insurance policy limits to support your claim.
  4. Negotiate with Your Insurer

    • Even though UIM coverage is part of your own policy, your insurance company may attempt to minimize payouts. Having legal representation can help ensure you receive fair compensation.

Other Compensation Options Beyond UIM Coverage

If UIM coverage is not available or is insufficient, additional avenues for compensation include:

  • Filing a Personal Injury Lawsuit – If the at-fault driver has personal assets, you may be able to recover damages through a lawsuit.
  • Health Insurance Coverage – Your health insurance may help cover medical expenses while you pursue additional compensation.
  • MedPay (Medical Payments Coverage) – This optional coverage on your policy can help cover immediate medical expenses, regardless of fault.
  • Third-Party Claims – If a defective roadway or vehicle malfunction contributed to the crash, additional claims may be possible against responsible parties.

Call Bill Kellum For a free consultation

If you were injured in an accident caused by an underinsured driver in Mississippi, you may still have options to recover full compensation. The attorneys at Kellum Law Firm, P.C. can help you evaluate your insurance coverage, negotiate with insurers, and take legal action if necessary.

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

Rear-End Collision Injury Lawsuits in Mississippi: Understanding Your Rights and Legal Options

Rear-end collisions are among the most common types of car accidents in Mississippi, often resulting in serious injuries and property damage for those involved. When you are injured in a rear-end collision caused by another driver’s negligence or recklessness, you have the right to pursue compensation for your injuries and losses through a personal injury lawsuit. In this comprehensive guide, we will explore rear-end collision injury lawsuits in Mississippi, including how these accidents occur, the types of injuries associated, relevant Mississippi statutes, monetary damages recoverable, steps to take after a rear-end collision, pitfalls to avoid when speaking to insurance companies, the rear-end collision case process, and why you need an experienced attorney to represent your interests.

How Rear-End Collisions Occur

Rear-end collisions typically occur when one vehicle strikes the rear of another vehicle, often due to the following factors:

Tailgating: Following too closely behind another vehicle reduces reaction time and increases the risk of a rear-end collision.

Distracted Driving: Activities such as texting, talking on the phone, or adjusting the radio can distract drivers and lead to rear-end collisions.

Speeding: Driving at an excessive speed reduces the ability to stop quickly, increasing the likelihood of rear-end collisions.

Poor Weather Conditions: Reduced visibility and slippery road conditions during inclement weather can contribute to rear-end collisions.

Driver Fatigue: Drowsy or fatigued drivers may have slower reaction times and impaired judgment, increasing the risk of rear-end collisions.

Types of Injuries Associated with Rear-End Collisions

Rear-end collisions can result in a wide range of injuries, including:

Whiplash: A common injury in rear-end collisions, whiplash occurs when the head and neck are suddenly forced backward and then forward, causing soft tissue damage and neck pain.

Back Injuries: Rear-end collisions can cause spinal injuries such as herniated discs, fractured vertebrae, and spinal cord injuries, leading to chronic pain and mobility issues.

Head Injuries: Impact with the steering wheel, dashboard, or side window can cause head injuries ranging from concussions to traumatic brain injuries (TBIs).

Broken Bones: The force of impact in a rear-end collision can cause fractures and broken bones in the arms, legs, ribs, and other parts of the body.

Internal Injuries: Blunt force trauma from a rear-end collision can result in internal injuries such as organ damage, internal bleeding, and bruising.

Relevant Mississippi Statutes

In Mississippi, several statutes may be relevant to rear-end collision injury lawsuits, including:

Mississippi Code Annotated § 63-3-1201: This statute addresses the duty of drivers to maintain a safe distance between vehicles and avoid following other vehicles too closely.

Mississippi Code Annotated § 63-3-1303: This statute prohibits distracted driving behaviors such as texting while driving, which can contribute to rear-end collisions.

Mississippi Code Annotated § 63-3-1203: This statute outlines the penalties for speeding and reckless driving, which can increase the risk of rear-end collisions.

Monetary Damages Recoverable in Mississippi

In a rear-end collision injury lawsuit in Mississippi, victims may be entitled to seek various types of monetary damages, including:

Medical Expenses: Compensation for past, present, and future medical treatment related to injuries sustained in the rear-end collision, including hospital bills, surgeries, medications, and rehabilitation therapy.

Lost Wages: Reimbursement for income lost due to time missed from work as a result of the rear-end collision injuries, including wages, salary, bonuses, and other employment benefits.

Pain and Suffering: Compensation for physical pain, emotional distress, and mental anguish endured as a result of the rear-end collision injuries, including chronic pain, anxiety, depression, and loss of enjoyment of life.

Property Damage: Compensation for repair or replacement costs of the vehicle and other damaged property resulting from the rear-end collision.

What to Do After a Rear-End Collision

If you are involved in a rear-end collision in Mississippi, it is important to take the following steps to protect your health and legal rights:

1. Seek Medical Attention: Even if you do not immediately feel injured, it is important to seek medical attention promptly to assess and document any injuries sustained in the rear-end collision.

2. Contact Law Enforcement: Call 911 to report the rear-end collision and request assistance from law enforcement officers. Be sure to obtain a copy of the police report for your records.

3. Gather Evidence: Take photographs of the accident scene, including vehicle damage, skid marks, and road conditions. Collect contact information from the other driver(s) and any witnesses to the rear-end collision.

4. Notify Your Insurance Company: Report the rear-end collision to your insurance company as soon as possible, but avoid admitting fault or providing recorded statements without consulting an attorney.

5. Consult with an Attorney: Contact an experienced Mississippi car accident attorney to discuss your legal rights and options for pursuing compensation for your injuries and losses.

Pitfalls to Avoid When Speaking to Insurance Companies

When speaking to insurance companies after a rear-end collision, it is important to avoid the following common pitfalls:

Admitting Fault: Do not admit fault or make statements that could be interpreted as an admission of fault, as this could negatively impact your ability to recover compensation.

Accepting a Quick Settlement: Be cautious of accepting a quick settlement offer from the insurance company without consulting an attorney, as it may not fully compensate you for your injuries and losses.

Providing Recorded Statements: Avoid providing recorded statements to the insurance company without first consulting with an attorney, as these statements can be used against you during the claims process.

Signing Releases or Waivers: Do not sign any releases or waivers presented by the insurance company without reviewing them carefully with an attorney, as they may waive your right to pursue additional compensation.

The Rear-End Collision Case Process

The rear-end collision case process in Mississippi typically involves the following steps:

1. Initial Consultation: Meet with a car accident attorney to discuss the details of your rear-end collision, injuries, and legal options for pursuing compensation.

2. Investigation: Your attorney will conduct a thorough investigation into the rear-end collision, gathering evidence such as accident reports, medical records, witness statements, and expert opinions to support your claim.

3. Filing a Claim: Your attorney will file a personal injury claim with the at-fault driver’s insurance company, outlining the damages you are seeking compensation for as a result of the rear-end collision.

4. Negotiation: Your attorney will negotiate with the insurance company on your behalf to reach a fair settlement that fully compensates you for your injuries and losses. This may involve multiple rounds of negotiation and may also include mediation or arbitration.

5. Litigation: If a fair settlement cannot be reached through negotiation, your attorney may file a lawsuit and litigate your rear-end collision case in court. This involves presenting evidence, witness testimony, and legal arguments to a judge and jury.

6. Trial: If your case goes to trial, your attorney will represent you in court, presenting your case and advocating for your rights and interests before a judge and jury.

Why You Need an Attorney

Hiring an experienced Mississippi car accident attorney is essential for several reasons:

Claims Experience: An attorney specializing in car accident cases has in-depth knowledge of Mississippi personal injury laws and regulations, as well as the experience to navigate the complexities of your case.

Maximizing Compensation: An attorney will work tirelessly to maximize your compensation by identifying all potentially liable parties, gathering evidence to support your claim, and negotiating with insurance companies on your behalf.

Legal Representation: In the event that your case goes to trial, an attorney will provide skilled courtroom representation, presenting your case effectively and advocating for your rights before a judge and jury.

Peace of Mind: By entrusting your rear-end collision case to an experienced attorney, you can focus on your recovery with peace of mind, knowing that your legal rights and interests are being protected every step of the way.

In conclusion, rear-end collisions in Mississippi can have serious consequences for those involved, resulting in significant injuries and financial losses. If you have been injured in a rear-end collision caused by another driver’s negligence or recklessness, it is crucial to seek legal representation from an experienced Mississippi Rear-end Collision Attorney. By enlisting the help of an attorney, you can protect your rights, pursue fair compensation for your injuries and losses, and achieve the justice you deserve.

If you or a loved one has been injured in a Rear-end Collision in the Jackson, Mississippi area including Madison, Ridgeland, Brandon, Byram, or Richland, please do not wait to seek legal help. Contact Kellum Law Firm, PC, today to schedule a free consultation with Jackson, Mississippi Rear-end Collision Lawyer Bill Kellum. We’ll review the details of your case, explain your rights and options, and work tirelessly to pursue the monetary compensation you deserve. With Kellum Law Firm, PC, by your side, you can trust that your legal needs will be handled with care, compassion, and dedication.

FREE CONSULTATIONS OFFERED 24/7

Don’t hesitate to call us today at (601) 969-2709 to receive your free consultation with Jackson Auto Accident Attorney Bill Kellum. He will evaluate your case and determine the best course of action to help you recover from your injuries and get your life back on track. We understand how difficult it can be to deal with the aftermath of an accident in Mississippi, and we are here to help. Call us today to speak with Jackson Car Accident Bill Kellum and take the first step towards justice.

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
DIRECTIONS