Many motor vehicle collisions are minor and do not lead to any injuries or significant vehicle or other property damage, which can take place in various locations ranging from parking lots to stops at traffic signals. However, it is worthwhile to understand what to do when involved in such an incident, with some states requiring the accident parties to report the event to government authorities and law enforcement, in addition to insurers (typically required in every type of collision, even when not filing an insurance claim). Determine whether the parties associated with minor vehicle accidents should report these incidents, and learn about the available legal options for minor auto collision victims; call Lott Law at (228) 215-2787 to discuss your legal requirements with a seasoned Mississippi personal injury attorney.
What Are Minor Vehicle Accidents?
A minor motor vehicle collision usually leads to slight vehicle damage, meaning motorists can leave the accident scene in their vehicles (rather than relying on roadside assistance, family, or friends), as well as minor (if any) injuries sustained to the involved parties. Some examples of vehicle damage sustained in these incidents include broken taillights or headlights, small bodywork dents or mild scratches (such as those caused by a minor rear-end collision), cracked windshields, and burst tires.
This contrasts with major collisions, which can result in significant injuries, the possible totaling of vehicles, and even fatalities. Per the Mississippi Department of Transportation (MDOT), 690 individuals died in motor vehicle collisions in Mississippi in 2016.
Should You Report a Minor Car Accident?
Some parties involved in minor car accidents may avoid reporting such collisions to their insurers since they might assume an increase in insurance premiums may follow or that they can resolve the matter privately with the other motorist without insurance company involvement. Taking this approach could result in policy cancellation and/or coverage denial for a claim since most insurance policies require holders to report collisions that involve them as soon as possible. An exception to this would be when a collision involves only the policyholder’s vehicle and occurs on their property, resulting in no injuries and only damage caused to their own property, assuming the motorist does not plan to make an insurance claim regarding the damage.
What Can Happen if the Drivers Choose To Resolve Things Privately?
If the motorists try to resolve the damages between themselves without filing insurance claims, there is the potential for one of the motorists to then discover they have suffered injuries or that the property damage is more severe than first thought. In this scenario, insurers could deny coverage on the basis of not immediately reporting the accident to them, making an attempt at avoiding increased premiums actually lead to greater losses.
Find out more about whether participants of minor vehicle accidents should report them, such as to insurers and/or law enforcement, and discover how Lott Law can assist individuals involved in these incidents with their legal concerns. Contact our firm today to schedule a confidential consultation with an experienced Mississippi personal injury lawyer.
Is It Illegal to Not Declare a Crash?
State laws, as well as the circumstances of an accident, largely dictate whether there is a legal requirement to report a minor incident to the authorities, such as the county sheriff, municipal police department, state police, highway patrol, or Department of Motor Vehicles (DMV). The majority of states require motorists to report incidents involving injuries, with some states also demanding that drivers report accidents resulting in vehicle damage exceeding certain thresholds, typically in the low thousands of dollars.
According to The Mississippi Bar, if an auto accident causes an injury or property damage exceeding $250, it is illegal to not report the incident to law enforcement. Failure to report such an incident is a misdemeanor, which could result in a driver’s license suspension.
What To Do After a Minor Car Accident
The recommended method is to adopt a similar approach to minor accidents as with major collisions, even if the incident leads to minimal vehicle damage and no injuries. These steps include moving to a safe place away from traffic (including the vehicle if possible), assessing the injuries of all parties, exchanging insurance coverage and license information (including getting license plates), as well as contact details, with all involved parties, and taking pictures/videos of the vehicles’ positioning, damage, and location of signs and traffic signals while also noting down exactly what happened and securing witness statements if any are present. Next, the motorist can contact non-emergency law enforcement to inquire about an officer visiting the scene to develop a police report and notify their insurer; note that motorists may want to avoid admitting fault to any parties they interact with at the accident scene, including witnesses, other drivers, and law enforcement, in addition to the insurance company.
Filing a Minor Auto Accident Claim
Concerning claiming for vehicle damage following a minor incident, in the event that another motorist caused the collision, and their insurer has accepted this, a driver can submit a third-party insurance claim directly with the liable motorist’s insurer. However, it makes less sense to pursue a claim if a motorist can only claim under their own coverage (due to being unable to do so under the other party’s insurance) and the recoverable amount is lower than or equal to the deductible incurred when making a claim.
Worth noting is that sometimes a motorist’s insurer may recover funds from the other party’s insurance company, as well as the deductible, if the other party caused the collision. That said, it is not a certainty that this process, known as subrogation, may occur.
Learn More by Contacting a Knowledgeable Mississippi Personal Injury Attorney Today
Minor motor vehicle accidents might still result in injuries and property damage for the involved parties. If injured in one of these incidents, consider contacting a knowledgeable Mississippi personal injury attorney to ascertain whether pursuing a claim is a possibility. To acquire the answers to any queries related to minor vehicle accidents, and to initiate preparation for a potential lawsuit, call Lott Law today at (228) 215-2787 to arrange an initial case evaluation.