The beautiful landscape and infamous river isn’t the only thing Mississippi is known for. In the United States, Mississippi is also known for its dangerous roads, which makes the state prone to road accidents. Mississippi has close to 600 fatal motor vehicle accidents each year.
Due to the prevalence of car accidents and the possible injuries and damages that can result, it is wise for drivers on Mississippi roads to know the insurance rules and abide by them. However, many users of Mississippi roads don’t know if the state is considered “no-fault.”
What is a “No-Fault” State?
In a no-fault system, drivers and passengers are expected to rely on their insurance for compensation before the other driver involved can be held responsible for the accident. It doesn’t matter who is responsible for the accident; in no-fault states, the individuals involved must file claims with their own insurance companies first. There’s also a requirement that drivers have personal injury protection as a part of their insurance coverage.
Mississippi is NOT a No-Fault State
Mississippi is an “at-fault” state. This means that victims of car accidents caused by another driver can request full insurance compensation from the driver or their insurance company. The person responsible – the at-fault party – will be required to pay compensation to the victim if the claim is successful. The full compensation from the “at-fault” driver includes medical bills, total wages or earnings lost, compensation for the pain caused, and compensation for future medical expenses and future lost wages.
The determination of who is at-fault in Mississippi car accidents will be made by the police, insurance companies, or in court if a civil claim is filed. It’s also important to note that fault can be shared. One person may be primarily responsible for the accident, while others – possibly you – might be deemed responsible for a portion of it as well.
Mississippi is a Pure Comparative Negligence State
Since Mississippi is governed by pure comparative negligence, you can recover compensation from the at-fault party even if they weren’t 100 percent to blame. If you file a civil lawsuit, the court will decide how much fault to place on each party. Any compensation that you are awarded will be reduced by the percentage of fault that you hold. For example, you were awarded $100,000 and were found to be 20 percent at fault. Your award will be reduced by 20 percent, and you would receive $80,000.
When You Must Report a Car Accident in Mississippi
There are certain circumstances in which a car accident must be reported to the Mississippi police. If the car accident involves more than $500 property loss or damage or if a victim is injured or killed, the accident must be reported. If for some reason you are unable to call the police or the police do not show up when you call, you must report the accident within ten days.
Contact Us Today
If you were in an accident and believe you are entitled to compensation because someone else was responsible, you should contact a lawyer right away. Our firm is always here to help. Contact us today for a free consultation.