Can an Uninsured Driver Hit by an Insured Driver File A Claim?

It’s a situation that many don’t expect to face. You’re driving without insurance – which can sometimes be deliberate or accidental – and another driver with insurance hits your car. When you realize you don’t have insurance coverage, you’ll probably start to wonder what your rights are and if you can still file an insurance claim against the other driver if they were responsible for the accident. In Mississippi, the answer is usually yes.

Mississippi does not have a “no-pay no-play” law for car insurance.

Some states have laws limiting the damages people can collect after a car accident if they drive without car insurance. These are often called “no-pay no-play” rules. Under this rule, if a person not carrying insurance gets hurt or suffers losses in a crash, they may not be allowed to claim certain damages, even if it’s evident that the other person involved was at fault.

Lawmakers in Mississippi have tried to impose this policy, but as of now, the rule doesn’t apply here.

So, you can file a personal injury claim even if you don’t have car insurance

So, if you’re in an accident in the state of Mississippi and you don’t have insurance, you can still file an insurance claim or personal injury lawsuit against the other party who caused the crash. That doesn’t mean you won’t face any penalties, though.

Mississippi insurance and penalties for driving without coverage

Mississippi has set rules for how much car insurance you have to carry. These requirements are intended to protect the drivers as well as anyone who is involved in an accident with that vehicle. Below are the required minimum insurance amounts in the state: 

• Bodily injury per person: $25,000
• Bodily injury per accident: $50,000
• Property damage per accident: $25,000
• Your insurance company must offer uninsured motorist coverage, but you have the right to reject this coverage in writing.

Penalties for driving uninsured in Mississippi

Mississippi law is clear – you cannot drive without the required insurance coverage. According to Mississippi Driver Service Bureau:

(4) Failure of the owner or the operator of a motor vehicle to have the insurance card in the motor vehicle, or to display the insurance card by electronic image on a cellular phone or other type of electronic device, is a misdemeanor and, upon conviction, is punishable by a fine of One Hundred Dollars ($100.00) and suspension of driving privilege for a period of one (1) year or until the owner of the motor vehicle shows proof of liability insurance that is in compliance with the liability limits required by Section 63-15-3(j) and has paid the fines and assessments imposed and the driver’s license reinstatement fees imposed by the Department of Public Safety.

While it won’t prevent you from filing against another driver, you could face consequences for your lack of insurance.

How a Mississippi car accident lawyer helps uninsured drivers in accidents

If you were driving without insurance in Mississippi and got into a car accident, the challenges can seem overwhelming. Many drivers don’t realize they might still have options, but a lawyer can help. Here’s how:

Locating all available insurance coverage

One job your lawyer handles is to locate all possible insurance coverage that might help compensate you after an accident. This can include the insurance policy of the person driving the other vehicle, the person who owns the other vehicle, insurance held by household members, or insurance that another liable party might have.

Your lawyer can look at all of these possibilities to get you compensation for your injuries. They look for any chance that one of them might cover at least some of your expenses, despite you not having your own policy.

Obtaining and presenting evidence to reduce your liability

Mississippi uses a pure comparative negligence system. This means that if you’re partly to blame for a crash, you can still collect damages, but your award is reduced by your share of fault.

In all actions hereafter brought for personal injuries, or where such injuries have resulted in death, or for injury to property, the fact that the person injured, or the owner of the property, or person having control over the property may have been guilty of contributory negligence shall not bar a recovery, but damages shall be diminished by the jury in proportion to the amount of negligence attributable to the person injured, or the owner of the property, or the person having control over the property.

A car accident lawyer works to gather records, accident reports, photos, and witness statements with the goal of showing exactly what happened.

They argue in favor of your version, pushing to keep your percentage of the blame as low as possible. Not only does this give you as much compensation as possible for your injuries, but it also helps prevent you from being sued, which could be problematic since you don’t have insurance.

Dealing with medical liens

If medical bills are piling up and you can no longer cover them, your lawyer can help you get treatment despite not having the money to do so. This is often done using letters of protection or assignments so bills are paid from settlement proceeds. The healthcare provider agrees to treat you now and be paid later, using money from your settlement or court award.

Filing a lawsuit if necessary (before time runs out)

If you can’t get the compensation you are entitled to by filing a claim with the other party’s insurance company, you may be able to file a lawsuit against them instead, which your lawyer can assist you with.

In Mississippi, you usually only have 3 years from the date of the accident to file a lawsuit. While this sounds like a lot of time, it passes quickly when you’re dealing with the aftermath of an accident, and the longer you wait, the harder it is to get evidence to prove your case.

Insurance questions after an accident are complicated, especially when you’re worried about driving without coverage. You should still be able to recover compensation if you weren’t at fault for the accident.

The best thing you can do is to reach out to a car accident lawyer as soon as possible. The attorneys at Merkel & Cocke, P.A. have decades of experience handling these types of claims and will help you every step of the way. Contact us today to schedule your free consultation.