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

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