Can You File a Car Accident Claim While Uninsured?
We can all agree that paying for auto insurance is a grind, especially if you have an excellent driving record. If you maintain that record, it is conceivable that you could continue to pay for insurance and never file a claim. Of course, you can’t count on other drivers to be responsible.
You could be in an accident with an uninsured motorist. In that scenario, you would benefit from having uninsured motorist coverage as part of your policy.
What happens if you’re on the other side of that situation and you get into an accident without insurance? That is where things get a bit more complicated. Once you’ve assessed the damages to your car and understand the range of any potential medical expenses, you’ll want to discuss what happened with an experienced Jackson car accident attorney.
The lawyers at Pittman, Roberts & Welsh, PLLC, can help explain all your options as an uninsured driver.
What Are Mississippi Car Insurance Laws?
In 2001, the state of Mississippi enacted a law requiring all drivers to carry a minimum amount of liability insurance. As the Mississippi Insurance Department maintains, those minimums are as follows:
- $25,000 per person, limited to a single accident
- $50,000 per accident in bodily injury liability coverage
- $25,000 for property damage
You are also required to carry proof of insurance. If you don’t want to carry insurance as the law requires, you are entitled to post a bond in the exact amounts. You would also have to carry proof of that bond.
If you don’t have insurance, you could be fined $1,000 and have your driver’s license suspended for a year or until you can provide proof of coverage. That means if you get into an accident without insurance, you could be fined, but that shouldn’t impact your ability to seek compensation. What can impact your claim is Mississippi’s pure comparative negligence system.
What Is Mississippi’s Pure Comparative Negligence System?
Mississippi follows a pure comparative negligence system for assigning liability in a personal injury case. That means you can be partially responsible for the accident, but still be able to file a claim.
If you prevail, the amount of your settlement will be reduced by the percentage of fault you’ve been assigned. For example, if you’re found to be 30% at fault, you’ll only get 70% of the final settlement amount.
Insurance companies aggressively pursue comparative negligence in order to reduce their liability. They might try to use the fact that you don’t have insurance as an indication that you’re not a responsible driver. A skilled car accident lawyer will be ready to challenge that assertion.
What Damages Can You Ask for as an Uninsured Driver?
If the accident was not your fault, you are entitled to seek the same type of damages that you would if you did have insurance. The damages include the following:
- Emergency room fees
- X-rays, MRIs, and other tests
- Prescription medications
- Surgery
- Hospitalization
- Doctor visits
- Special transportation needs
- Physical therapy
- Lost wages
- Medical supplies
In addition to those expenses, you can also ask for non-economic damages, such as pain and suffering, which address how the accident has impacted your life physically and emotionally.
Options to Pursue
There are options available to pursue as an uninsured driver who was involved in an accident caused by another driver. If that driver has uninsured motorist coverage, you might be able to make a claim against that.
If the insurance company representing the at-fault driver denies the claim because of your status, your next option would be to file a civil complaint and take them to court.
That’s when the legal team at Pittman, Roberts & Welsh, PLLC, will be a big help. We’ve helped many clients negotiate fair settlements with the big insurance companies. We’re also able to pivot to the role of a litigator and hold those same companies accountable in a court of law.
Our goal is always to find a fast and fair resolution for our clients and help with your recovery by taking away the burden of negotiating with insurance carriers.
To learn about your options, schedule a consultation today.
