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.