Mississippi Car Accidents: Laws, Liability & Your Rights

Insurance Systems & Requirements

System type: At-fault state

Mississippi follows a traditional "at-fault" insurance system. This means that the driver found responsible for causing an accident is financially liable for the resulting damages. Accident victims must prove that the at-fault driver’s negligence led to their injuries or property damage. Victims can seek compensation by filing a claim through the at-fault driver’s insurance, making a claim with their own insurer if they have applicable coverage, or pursuing a lawsuit against the at-fault driver in court.

Minimum liability insurance requirements

Mississippi law requires all drivers to carry at least the following minimum liability coverage:

• $25,000 for bodily injury per person per accident
• $50,000 for total bodily injury per accident
• $25,000 for property damage per accident

These minimums are in place to ensure that accident victims can recover at least some financial assistance to cover medical expenses and property damage. However, because damages often exceed these limits, many drivers opt for additional coverage to provide better financial protection in the event of a severe accident.

Uninsured and underinsured motorist coverage (UM/UIM)

Although Mississippi does not require drivers to carry uninsured/underinsured motorist (UM/UIM) coverage, it is strongly recommended. Many drivers in the state operate vehicles without proper insurance, and in the event of an accident with an uninsured driver, victims may face significant financial hardship. UM coverage helps pay for medical expenses and damages when the at-fault driver has no insurance, while UIM coverage applies when the at-fault driver’s policy limits are insufficient to fully cover the victim’s losses. These coverages can help bridge the financial gap and ensure accident victims receive the compensation they need.

Penalties for driving without insurance

Mississippi imposes penalties for uninsured drivers to encourage compliance with the state’s insurance laws. If caught driving without insurance, individuals face a fine of $500 and an immediate suspension of their driver’s license until they can provide proof of coverage. To reinstate their license, offenders must submit proof of valid insurance and pay any necessary fees. Repeated offenses can lead to harsher penalties, making it essential for all drivers to maintain proper coverage at all times.

PIP or MedPay coverage

Mississippi does not require Personal Injury Protection (PIP) coverage, which is commonly found in no-fault states. However, drivers may opt for Medical Payments (MedPay) coverage, which helps cover medical expenses regardless of who was at fault. MedPay can be especially useful for covering initial out-of-pocket costs, such as emergency room visits or ambulance fees, while waiting for a settlement or reimbursement from the at-fault party’s insurer.

Fault & Negligence Laws

Pure comparative fault rule

Mississippi follows a pure comparative fault rule, which allows accident victims to recover compensation even if they are partially at fault for the crash. However, the amount they receive will be reduced by their percentage of fault. For example, if a victim is awarded $50,000 in damages but found 20% at fault, they will only receive $40,000 after the deduction. This system ensures that even those who bear some responsibility for an accident can still recover damages, promoting a fairer approach to compensation.

Multi-vehicle collisions

In cases where multiple vehicles are involved in a crash, determining fault can be more complex. Law enforcement, insurance companies, and legal teams will analyze police reports, witness statements, and traffic laws to assess each party’s level of responsibility. Mississippi’s comparative fault system allows liability to be distributed among multiple drivers, meaning that compensation may be adjusted accordingly for each party involved. If an accident involves more than two drivers, each at-fault individual will be held financially responsible for their portion of the damages.

Passenger rights

Passengers injured in a car accident have the right to seek compensation from the at-fault driver’s insurance. If multiple drivers are responsible, passengers may be able to file claims against several policies to maximize their recovery. Additionally, passengers with their own uninsured/underinsured motorist (UM/UIM) coverage can utilize their policy if the at-fault driver lacks sufficient insurance. However, if a passenger’s actions contributed to the accident, such as by distracting the driver, their compensation may be reduced based on their share of fault.

Rideshare drivers and accidents

Rideshare drivers, such as those working for Uber and Lyft, must navigate unique liability and insurance considerations when involved in an accident. Mississippi law requires rideshare drivers to carry higher insurance coverage than personal drivers, but liability depends on the driver's status at the time of the crash.

• Offline or off-duty: If a rideshare driver is not logged into the rideshare app at the time of the accident, their personal auto insurance applies, and the rideshare company bears no liability
• Logged in but without a passenger: When the driver is active on the app but has not yet accepted a ride, the rideshare company typically provides limited liability coverage, which may supplement the driver’s personal insurance
• With a passenger or en route to pick up: If an accident occurs while a rideshare driver is transporting a passenger or on the way to pick up a rider, the rideshare company's insurance provides substantial coverage, usually up to $1 million for liability

Rideshare drivers involved in an accident should document the incident thoroughly, notify both their insurer and the rideshare company, and seek legal guidance if liability disputes arise. Passengers injured while using a rideshare service may file claims against the rideshare company's insurance, which generally offers higher limits than individual drivers’ policies.

Statute of Limitations

In Mississippi, accident victims have three years from the date of the accident to file a personal injury or property damage lawsuit. This statute of limitations applies to claims for medical expenses, lost wages, and other financial losses. If a claim is not filed within this period, the court may dismiss the case, preventing victims from recovering compensation.

For wrongful death claims, the three-year deadline starts from the date of the victim’s death. If the accident involved a government entity, such as a city-owned vehicle, a separate legal process applies, requiring a formal notice of claim within 90 days of the incident, followed by a one-year filing period.

Procedures for Handling MVAs

When to report an accident

Mississippi law requires drivers to report an accident if it results in bodily injury, death, or property damage exceeding $500. Additionally, drivers must report hit-and-run incidents and accidents that occur on public roadways. Failing to report an accident can result in fines and potential legal consequences, especially if injuries are involved.

Filing a report

If law enforcement responds to the accident, they will complete an official accident report, which serves as a critical document for insurance claims and legal proceedings. If no officer is present, drivers should exchange contact and insurance details, take photos of the scene, and file a report with the Mississippi Department of Public Safety (MDPS) if required.

How to access accident reports

Mississippi accident reports can be obtained from the MDPS or the local police department that handled the accident. Requests can be made online through the Mississippi Crash Report System, in person at a law enforcement office, or by mailing a formal request with the required fee. These reports are essential when filing insurance claims and legal disputes.

Compensation Limits

Mississippi does not impose general caps on economic or non-economic damages in car accident claims. Victims can recover compensation for medical bills, lost wages, and pain and suffering based on the severity of their injuries. However, punitive damages—awarded in cases of extreme negligence or intentional misconduct—are capped based on the defendant’s financial status. Additionally, claims against government entities have strict limits and procedural requirements, making legal guidance essential.

Medical Coverage Considerations

Mississippi does not require Personal Injury Protection (PIP), but drivers can opt for Medical Payments (MedPay) coverage to help cover medical expenses regardless of fault. MedPay can assist with immediate costs like hospital visits and rehabilitation. Health insurance may also cover accident-related medical bills, but insurers may seek reimbursement from any settlement received. For those injured without sufficient coverage, hospital liens may be placed on a claim, requiring careful negotiation to manage medical debt after an accident.

Unique local considerations

Mississippi’s road conditions and climate present unique challenges for drivers. Heavy rain and frequent flooding create hazardous driving conditions, making hydroplaning a significant risk. Many accidents occur on rural roads with limited visibility, sharp curves, and higher speed limits, contributing to an increased likelihood of crashes. Additionally, wildlife collisions, particularly involving deer, are common in Mississippi, especially during migration seasons. Drivers should exercise extra caution when traveling in rural areas or during inclement weather.

Legal Resources & Contacts

If you’ve been in a car accident in Mississippi, knowing where to turn for help can make all the difference. Below are some essential legal resources to help you access critical information, report accidents, and find the legal support you need.

Mississippi Department of Public Safety (MDPS)

MDPS Website: The Mississippi Department of Public Safety oversees vehicle registration, driver licensing, and law enforcement agencies such as the Highway Patrol. If you need to report an accident, obtain a copy of a crash report, or check traffic laws, this is the place to start.

Mississippi Department of Insurance

Mississippi Department of Insurance Website: This department provides information about auto insurance requirements, consumer rights, and complaint procedures if you face issues with an insurance provider. If your insurance claim is unfairly denied or delayed, the Department of Insurance can provide guidance and intervention.

Mississippi Highway Patrol (MHP)

MHP Website: The Mississippi Highway Patrol handles traffic enforcement, accident investigations, and roadside assistance. If you are involved in an accident on a state or interstate highway, MHP officers will typically respond to the scene, create official reports, and help manage traffic safety concerns.

Finding legal help after an accident

Car accidents can be overwhelming, and dealing with insurance companies or legal claims can add extra stress. If you’ve been injured in a car accident, consulting with a personal injury attorney can help protect your rights and ensure you receive fair compensation for medical bills, lost wages, and other damages.