Understanding Your Rights and Pursuing Compensation After a Passenger Injury

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Being involved in a car accident as a passenger can leave you with painful injuries and unexpected expenses. Unlike drivers, passengers typically have no control over what happens on the road, yet they can suffer just as much—or even more—damage in a crash. Understanding how to pursue compensation after a passenger injury in Mississippi is essential to ensuring that medical bills, lost wages, and other damages are covered.

Who Is Liable for a Passenger’s Injuries?

As a passenger, you have the right to seek compensation from the party responsible for the crash. This could include:

• The Driver of the Car You Were In – If the driver you were riding with was at fault, their insurance policy should cover your damages.
• Another Driver – If another vehicle caused the accident, you may be able to file a claim against their insurance company.
• Multiple Drivers – When both drivers share responsibility, you may have claims against both insurance policies.
• Other Responsible Parties – If a defective car part, hazardous road condition, or government negligence contributed to the crash, additional claims may be possible.

Mississippi follows a fault-based system, which means that the party responsible for causing the accident is responsible for paying for injuries and damages. Mississippi also follows a pure comparative negligence rule, allowing injured parties to seek compensation even if they share some fault, though their recovery may be reduced by their percentage of fault.

Filing an Insurance Claim as a Passenger

Passengers can seek compensation by filing a claim under the at-fault party’s insurance policy. Depending on the situation, you may be able to file under:

• The At-Fault Driver’s Liability Insurance – Mississippi requires drivers to carry minimum liability coverage of $25,000 per person for bodily injury ($50,000 per accident). If another driver caused the crash, their policy should cover your injuries.
• The Policy of the Driver You Were Riding With – If the driver of your vehicle was responsible, you can file a claim with their insurer.
• Your Own Insurance (If Applicable) – If you have medical payments coverage (MedPay) or uninsured/underinsured motorist coverage (UM/UIM) on your policy, you may be able to use it for your medical expenses, regardless of who was at fault.

Challenges Passengers May Face in Seeking Compensation

Passengers may encounter several difficulties when filing claims, including:

• Insurance Policy Limits – If multiple passengers were injured, the at-fault driver’s insurance may not cover all claims.
• Disputes Over Fault – Insurance companies may argue over liability, delaying or reducing settlements.
• Tactics to Minimize Payouts – Insurers often pressure injured passengers into accepting quick settlements that fail to account for long-term expenses.

Why Accepting a Quick Settlement Can Be Risky

Insurance companies may offer a fast settlement to avoid paying full compensation. While it may seem convenient to receive money quickly, these early offers often fail to cover the full extent of damages. Injuries can take time to fully manifest, and some require long-term treatment.

Accepting a settlement before understanding the full impact of your injuries may leave you without adequate funds for:

• Ongoing medical treatment
• Lost future wages
• Rehabilitation expenses
• Pain and suffering

Before agreeing to a settlement, it’s important to evaluate your total losses and consider seeking legal guidance to ensure fair compensation.

When Legal Action May Be Necessary

If an insurance company refuses to offer a reasonable settlement, filing a lawsuit may be the next step. Mississippi allows injured passengers to take legal action if they cannot secure a fair resolution through an insurance claim.

A lawsuit may be necessary if:

• The at-fault driver’s insurance is refusing to pay a fair amount
• Your medical bills and other expenses exceed policy limits
• The insurance company is delaying or denying your claim without valid reason

Mississippi has a three-year statute of limitations for personal injury claims, meaning passengers generally have three years from the date of the accident to file a lawsuit.

Call to Action

If you were injured as a passenger in a Mississippi car accident, you have the right to seek compensation for your injuries. The attorneys at Kellum Law Firm, P.C. can help you understand your options and fight for the full compensation you deserve. Call our Jackson office at (601) 969-2709 or our Port Gibson office at (601) 590-9000 to discuss your case today.

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Frequently Asked Questions

Can I file a claim if the driver of my car was at fault?
Yes. If the driver you were riding with caused the accident, you can file a claim under their insurance policy. Mississippi law allows injured passengers to seek compensation from the at-fault driver’s liability coverage.

What if both drivers were partially at fault for the accident?
When multiple drivers share responsibility, you may have claims against both insurance policies. Mississippi’s comparative negligence law allows injured passengers to seek compensation from any at-fault party, though the amount recovered may be reduced based on each driver’s percentage of fault.

Will my claim affect my relationship with the driver?
Many passengers hesitate to file claims when the driver is a friend or family member. However, claims are typically handled by the driver’s insurance company rather than being a personal dispute. Filing a claim ensures that medical expenses and other losses are covered without the passenger having to pay out of pocket.

What if the at-fault driver does not have insurance?
If the responsible driver lacks insurance or has insufficient coverage, you may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) policy. MedPay coverage, if available, may also help cover medical bills regardless of fault.

How long do I have to file a claim after a car accident in Mississippi?
Mississippi law gives injured passengers up to three years from the date of the accident to file a personal injury lawsuit. However, insurance claims should be filed as soon as possible, as delays may affect negotiations.

Should I accept the insurance company’s first settlement offer?
Accepting an initial settlement without fully understanding your injuries and future medical costs can be a mistake. Early offers often fail to account for ongoing treatment, rehabilitation, and lost wages. Consulting an attorney before accepting a settlement can help ensure fair compensation.

Can I still recover compensation if I wasn’t wearing a seatbelt?
Mississippi does not allow the lack of a seatbelt to be used as evidence of negligence in personal injury cases. This means that even if you weren’t wearing a seatbelt at the time of the crash, you can still pursue a claim for damages.

What should I do if the insurance company denies my claim?
If an insurer denies your claim or offers an unfair settlement, legal action may be necessary. An attorney can help negotiate a fair settlement or file a lawsuit to seek the compensation you deserve.

What damages can I recover as a passenger in a Mississippi car accident?
Passengers may be entitled to compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Rehabilitation costs
• Emotional distress

Can I file a claim if I was injured in a rideshare accident?
Yes. Passengers injured in Uber or Lyft accidents may have claims against the rideshare company’s insurance policy, the at-fault driver’s policy, or both, depending on the circumstances.

Understanding your rights as a passenger after a car accident is crucial to recovering the compensation you deserve. If you have questions about your claim, Kellum Law Firm, P.C. is here to help. Call (601) 969-2709 (Jackson) or (601) 590-9000 (Port Gibson) to discuss your case today.

Call Bill Kellum For Your Free Consultation

If you are experiencing delayed symptoms after a car accident, you may still have a right to compensation. The attorneys at Kellum Law Firm, P.C. can help ensure that insurance companies do not take advantage of your situation. At Kellum Law Firm, P.C., our attorneys can guide you through the claims process and ensure your rights are protected. 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.