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Being involved in a crash with someone who lacks insurance or carries insufficient insurance can leave you wondering about your financial recovery even if liability is not in question. Consulting with a Jackson uninsured and underinsured motorist accident lawyer may help injured victims learn more about Mississippi uninsured and underinsured motorist accident laws as they apply to their claim and the options that may be available under their own policy or elsewhere.
Chhabra, Gibbs & Gustavis, P.A., has served injured clients throughout Mississippi since 1999, including accident victims in Jackson and the rest of Hinds County. Our lawyers focus exclusively on representing people injured through the negligence of others.
Chhabra, Gibbs & Gustavis, P.A., has more than 130 years of combined legal experience assisting clients with personal injury claims involving car wrecks, trucking accidents, premises liability, workers’ compensation, and other injury claims. We also handle each case personally and keep our clients informed along the way.
Over one in seven drivers nationwide, about 15.4%, lacked insurance in 2023. In Mississippi, this rate peaked at 28.2%. Over one in six drivers nationwide, about 18.0%, were underinsured in 2023.
Drivers in Mississippi are required to carry liability insurance, but not everyone follows that rule. Some motorists have no coverage at all, while others only purchase the least amount of coverage required by law. When medical bills, lost wages, and other losses exceed an uninsured or underinsured motorist’s policy limits, victims may be able to receive compensation from uninsured motorist (UM) or underinsured motorist (UIM) coverage.
Mississippi law mandates drivers to carry liability coverage of at least $25,000 for bodily injury per person, $50,000 per accident, and $25,000 for property damage. Even when a motorist meets these standards, serious accidents on I-55, I-20, U.S. Hwy 49, or elsewhere around Jackson could result in damages that far exceed their liability coverage.
UM/UIM coverage exists to help provide compensation when this happens. Although motorists can refuse UM/UIM coverage in writing, insurance companies must typically offer it when issuing auto insurance policies.
The average person may think uninsured motorist claims only arise when the party at fault has no insurance whatsoever. There are actually several ways in which an uninsured or underinsured motorist claim could apply to an accident. This includes:
Mississippi follows pure comparative negligence under Mississippi Code § 11-7-15. If an injured victim is partially to blame for an accident that caused their injuries, their compensation may be decreased by their percentage of fault instead of being denied outright. Assessing fault can impact liability claims and uninsured motorist claims.
Insurance claims that involve UM/UIM coverage may require more work than simply establishing another motorist was at fault for the accident. Disputes can arise over policy coverage, language used in the insurance policy, the extent of damages, shared fault, and other policies that may apply.
A person looking to hire an uninsured and underinsured motorist lawyer could find it helpful to have that Jackson uninsured and underinsured motorist accident attorney:
A lawyer can also help you meet any deadlines, notice requirements, and procedural rules that apply during the course of your claim.
Like many car accidents in Mississippi, collisions that occur in Jackson are typically investigated by local police. Lawyers may conduct discovery during pending litigation through the Hinds County Circuit Court discovery process. Hinds County Circuit Court Clerk can be found at 407 East Pascagoula Street, Jackson, MS 39201.
Yes, in many cases, passengers injured by another driver may be eligible for uninsured motorist coverage under the vehicle owner’s policy. Depending on the details of the accident, your own automobile insurance policy or that of another family member who resides in the same household may also provide coverage. It depends on the language of the policy and the specific facts of the situation.
You may be able to file an uninsured motorist claim if the accident was a hit-and-run and another driver strikes you and then leaves the scene without providing contact information. Most insurance companies require you to immediately report the accident and provide any evidence that your vehicle was hit by another driver. Police reports, witness testimony, photographs of the damage, and any other documentation can assist with an uninsured and underinsured motorist claim involving a hit-and-run accident.
In some cases where several individuals are hurt during one accident, the available liability insurance on the policy of the party at fault may need to be split amongst multiple people. When there are not enough policy limits to fully compensate every injured person, some may need to turn to their own underinsured motorist policies. The uninsured motorist coverage amounts vary based on each person’s policy and damages.
Whether or not your rates go up after filing an uninsured motorist claim depends on the circumstances of the accident, your insurance company, and your policy. Since uninsured motorist claims are typically made through your own insurance provider, many policyholders fear that their rates may go up. The laws in Mississippi provide some protections. However, there are many factors an insurance company may consider when setting future rates. You can learn more by reading your insurance policy.
If you suffered injury and/or damages in a car accident and need assistance, Chhabra, Gibbs & Gustavis, P.A., can help you in your uninsured and underinsured motorist accident case. Contact our office today to schedule a consultation.
Main Office:
120 N Congress St.
Suite 200
Jackson, MS 39201
Call 601-948-8005
Gulfport Office:
2202 25th Avenue
Suite C-2
Gulfport, MS 39501
Call (877) 317-8005
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