Car wrecks have the potential to change someone’s life forever and are the last thing anyone wants to go through. Even minor wrecks are a pain and all wrecks are difficult enough to deal with when both parties have insurance. That is, until the driver who hit you is uninsured or underinsured, and then it can become a living nightmare. What happens if you are permanently injured and facing additional surgeries and the piles of medical bills incurred to get you better? What about an injury so severe you can no longer work and support yourself, let alone your family? What happens if you can’t afford to get your car repaired? What if you are facing all of this and the person responsible didn’t have insurance or enough insurance to cover them?
What you might face if you are hit by an uninsured or underinsured driver
Since 2001 it has been illegal for anyone to drive in the state of Mississippi without auto liability insurance; however that hasn’t stopped the estimated 22.9% of Mississippi drivers from traveling around the state without auto liability insurance. In fact, Mississippi is third in the nation for its number of uninsured drivers and these statistics don’t look to improve anytime soon.
Even worse, Mississippi only mandates that drivers have to carry minimum insurance of:
- $25,000 for bodily injury per person for a single accident
- $50,000 for bodily injury of all persons per accident
- $25,000 for property damage per accident
These figures may sound reasonable to some at first blush; however, a serious car wreck that results in permanent injuries can take you off work for weeks, months or even years. Some wrecks necessitate a week-long stay or longer in the hospital and may involve multiple surgeries with months or years of post-op rehabilitation and follow-up with specialists.
Your options for moving forward
If the other driver is uninsured or underinsured, then these are costs YOU will have to pay UNLESS you have your insurance agent keep write coverage for Uninsured/Underinsured (also known as “UM” and “UIM”) motorist claims on all your automobile policies. We say all “all policies” for a reason. Not only is UM and UIM a good idea to have coverage for; in the state of Mississippi insurance companies are required to “stack” coverage for UM and UIM in determining the total coverage available. What that means is if you have five (5) cars on your policy and have UM and UIM coverage of $100,000/$300,000/$100,000 on each policy then if you are injured as a result of an uninsured or underinsured motorist then you could be covered by your own insurance company in the total of the stacked amount or $500,000/$1,500,000/$500,000. Not a bad deal, huh? If your agent asks if you want to waive UM/UIM to lower your premium a bit tell them no thanks. UM/UIM in Mississippi isn’t a bad deal; especially given the number of irresponsible people driving around without insurance. UM/UIM is insurance for YOU in case you get injured by one of THEM. It’s the best auto coverage you can buy!
What to do if you are in a wreck
After a car wreck, make sure you are ok and try to assess your injuries. Try not to move or move anyone else until they have been assessed by a paramedic or other first responder. Then if you are able try to collect all the pertinent information you may need: the other driver’s name, their plate numbers, and any insurance information he or she might have. Make sure you call the police so they can file a report. Then, call a Southaven auto accident attorney immediately. The truth is, you may need to file a lawsuit to recover your expenses when an underinsured or uninsured driver causes an accident which leaves you hurt and unable to get to work. Your attorney can help you through the process of filing a claim with your own insurance company to recoup some of your losses before filing a claim against the negligent driver.
Also, as stated earlier, we recommend that you purchase additional insurance for yourself, in the event that you cause an accident or are injured by an uninsured or underinsured motorist. To learn more about your options, or to speak with a skilled Southaven car accident attorney about your case, please contact Taylor Jones Taylor. We maintain three offices in Mississippi – in Southaven, Olive Branch and Hernando – for our clients’ convenience.
Benjamin L. Taylor is a lifelong resident of DeSoto County and has distinguished himself in the area of products liability and personal injury law. He has a reputation as a fierce advocate for his clients and has obtained millions of dollars in verdicts and settlements over his career. He has been listed in the publication Super Lawyers of the Mid-South in the area of product liability. To learn more about Mr. Taylor, please refer to his biography page.
