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:
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Medical expenses
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Lost wages
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Future medical care
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Pain and suffering
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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:
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You file a claim with the at-fault driver’s insurer.
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Once their policy limits are exhausted, you can pursue a claim through your own UIM coverage.
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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:
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Medical records and bills
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Proof of lost income
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Documentation of future treatment needs
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Statements from doctors and other professionals
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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:
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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.
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Medical payments coverage (MedPay) on your own policy, which can help pay medical bills regardless of who caused the crash.
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Health insurance, which may help cover ongoing treatment costs while your legal claim is pending.
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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