Dealing With Insurance Companies After a Car Accident in Mississippi
Fighting for car accident victims since 1982
Car owners and drivers should have insurance to pay for damages when accidents happen. Having insurance isn’t just good practice; it’s the law. In Mississippi, all car owners/drivers must have minimum insurance coverage to pay for bodily injuries and car damage if they cause an accident. Ideally, responsible drivers have enough insurance to pay your claim in full. If you carry UM/UIM coverage (which Mississippi law requires insurers to offer unless rejected in writing), you may be able to seek benefits under your own policy.
Drivers should exchange their insurance policy information (and driver’s license, car registration, and contact information) with any other drivers. The police should obtain this information on behalf of all drivers and any injury victims. Generally, you should not discuss or negotiate your claim with any insurance company other than your own. Our Mississippi car accident lawyers can notify the responsible insurance companies and negotiate your claim on your behalf.
The insurance companies for the responsible owners or drivers are not your friend. Their job is to deny your claim or pay you as little as possible. Likewise, if you have a UM/UIM claim, you should avoid giving detailed or recorded statements without legal guidance (you must still comply with your policy’s notice and cooperation requirements).
We also file claims and negotiate with insurance companies when a loved one dies due to a car accident in Mississippi.
How can we help?
How insurance companies handle car accident claims
Normally, the insurance company that is responsible for your damage claim (such as the insurance company for a speeding, drunk, or distracted driver who caused your accident) will assign an adjuster to handle your claim for their insured – not you. The insurance adjuster works for the insurance company by evaluating all aspects of your claims. The adjuster’s claim evaluation process includes:
- Accepting and reviewing notices of claims from injury victims
- Reviewing what happened with their insureds (car owners and drivers)
- Determining if anyone else may be liable for the accident
- Investigating the accident by assigning an investigator to examine the accident site and the damage to the vehicles
- Reviewing a victim’s claim with the victim or the victim’s lawyer
- Determining whether the insured is liable for the accident
- Asserting all applicable defenses to a victim’s personal injury claim
- Working to minimize the claim
- Determining the value of the claim from the perspective of the insurance company
- Negotiating a settlement and paying the claim
- Assigning and working with a defense lawyer
- Paying the claim if there is a jury verdict
Common insurance tactics to reduce payouts
At Merkel & Cocke, P.A., we anticipate and work to counter any arguments that the insurance carrier/adjuster makes to try to deny or limit your claim. Insurance adjuster tactics include the following:
Recorded statements
The investigator the insurance company hires will try to obtain recorded statements and/or written statements from you, from any eyewitnesses, and from anyone who has information about how the accident happened and who is responsible.
The adjuster will use these statements against your claim wherever possible. For this reason, you should not speak with or give the adjuster a recorded statement without your lawyer. Recorded statements can be used to show that your version of events is not credible.
Delayed responses
Insurance companies may try to delay your claim, deny your claim, or take unreasonable positions to try to pressure you to accept a bad settlement offer. Our Mississippi car accident lawyers understand what delays are reasonable and when insurance companies are trying to pressure you. We file lawsuits against the responsible parties to move your case forward when delays prevent fair resolution, and we address insurer delay through the litigation process.
Lowball settlement offers
Insurance companies place a value on your claim after they have determined who is liable and to what extent, and after the status of your injuries (such as medical treatments and pain and suffering) is clear. The value that insurance companies place depends on their internal review of past settlements and verdicts (often, through the use of special insurance software).
The value of your claim depends on the strength of your liability claim, the amount of your damages, and the amount of insurance coverage. Generally, insurance companies will try to get you to accept much less than the value of your claim. Our experienced personal injury and wrongful death lawyers understand how the insurance negotiation process works. We understand that many car accident insurance claims involve multiple offers and counter-offers until there is a settlement, or until it is clear that a jury should resolve the claim.
Comparative fault arguments
In Mississippi, your claim can be reduced by your percentage of fault.
If you are found not at fault, your damages are not reduced under Mississippi’s pure comparative negligence system, subject to proof and available insurance coverage. If you are partially at fault (any percentage from 1 to 99 percent), the value of your claim reduces by your percentage of fault.
Insurance companies will try to find some argument (such as that you were speeding when a distracted driver struck you) to try to reduce your claim because of your comparative fault. We work to show that the defendant(s) are 100 percent responsible for your car accident.
What you should and should not say to an adjuster?
We recommend the following steps after a car accident in Mississippi:
DO
- Notify your own insurance company that you have been in an accident, when the accident happened, and where it happened.
- Expect that the insurance adjuster will try to deny your claim or limit how much compensation you receive.
DON’T:
- Speak with the insurance adjuster for the defendants about your accident claim.
- Negotiate a settlement of your claim without speaking with an experienced personal injury lawyer.
Uninsured and underinsured motorist issues
All car owners and car drivers must have the following Mississippi insurance liability coverage:
- One accident victim. $25,000.
- Multiple accident victims in one accident. $50,000.
- Property damage. $25,000.
If the responsible defendant(s) don’t have liability insurance or don’t have enough to pay your claim in full, then you can request that your own UM/UIM carrier pay your damages, up to the policy limits. Generally, UM/UIM coverage also pays for your damages if a hit-and-run accident causes your injuries.
We’ll work to maximize your recovery from any responsible defendants and from your own UM/UIM insurance carrier.
When to hire a Mississippi car accident lawyer
We recommend that you contact us if you have any type of serious injury (any injury that requires medical care by a professional healthcare provider), whether fault is clear or in dispute. You should also contact us if the insurance company for the defendant denies your claim (it’s better if we handle the claim from the start) or if your UM/UIM carrier refuses to pay you what you deserve.
FAQs
Should I accept the first settlement offer?
No. You shouldn’t negotiate with the insurance company for the defendant on your own.
When we negotiate for accident victims, we understand how much your claim is worth and how much you should settle for. We rarely recommend that you accept the first settlement offer from the insurance company. A possible exception is when the insurance company agrees to pay you the policy limits of their coverage.
Can I negotiate with insurance carriers myself?
You can, but you shouldn’t. Once you settle your case, you can’t come back and ask for more if:
- Your medical bills are higher than you thought
- Your pain and suffering are worse than you thought, and last longer than you expected
- Your injuries prevent you from returning to work when you thought you could
- Your car needs more repair work than you anticipated
- You discover that the arguments the insurance adjuster made to reduce your claim lack merit
- You learn that your case is worth more than you thought
At Merkel & Cocke, P.A., we have the experience and working relationships with liability and damage professionals to maximize your recovery. Don’t leave money on the table. Call us today.
Do you have a Mississippi car accident lawyer near me?
Yes. We have offices at the following locations:
Clarksdale Office
- 30 Delta Avenue
- Clarksdale, MS 38614
Jackson Office
- 2630 Ridgewood Road
- Suite D
Greenville Office
- 540 Main Street
- ICON Building, Suite 302
Oxford Office
- 2084 Old Taylor Road
- Suite 110
Meridian Office
- 2121 5th Street
- Suite 205
Our Mississippi car accident lawyers also consult with car accident victims and families by phone and through Zoom, FaceTime, and other online platforms.
We’re here to answer your questions and fight for the compensation you deserve.
Contact our experienced personal injury lawyers today
Merkel & Cocke, P.A., has more than 200 years of combined litigation experience. We understand how to prepare each aspect of your case. We understand when insurance companies have valid arguments and when they’re not paying you what you deserve. Please call us or fill out our contact form to schedule a free consultation. We’re ready to assert your right to full compensation after a car accident happens.