Each year over five million auto accidents occur in the United States, as specified by the Mississippi Insurance Department. For those involved in these incidents, filing a motor vehicle accident claim can be a daunting experience, but by understanding how insurance claims work, motorists’ legal rights, the steps to take following a collision, and how a Mississippi personal injury attorney might help, auto accident victims can ensure a smooth claims process. Understand all there is to know about a car accident claim, and discover how Lott Law, an accomplished car accident lawyer in Mississippi, may assist drivers with gathering evidence, negotiating with insurers/attorneys, filing claims, and securing compensation; contact our firm today at (228) 215-2787 to organize an initial meeting.
What Is a Car Accident Claim?
Auto accident claims are the options available to the parties involved in motor vehicle accidents for obtaining compensation to cover their losses, ranging from injuries, medical bills, and vehicle damage to lost wages and pain and suffering. Two types of claim exist, namely, insurance claims via the at-fault party’s insurer or through a claimant’s own insurance provider if the at-fault driver’s identity is unavailable or if this motorist has no/insufficient auto insurance, as well as lawsuits, a typical avenue in the event of being unable to agree on an insurance settlement or if the at-fault motorist’s insurance is inadequate or non-existent.
What Are the Steps To Take After a Car Accident?
The steps to follow post-car accidents include checking for injuries, moving the vehicles if possible, informing the authorities, collecting information, and initiating the claims process. Below is more information concerning these actions.
Stay Calm and Assess Injuries
Start by ensuring that all involved parties, including motorists, passengers, and other road users are safe, and check to see whether anyone has sustained any injuries, providing assistance if needed. While stressful, maintaining composure during auto accidents helps victims handle the situation effectively and efficiently.
Move Affected Vehicles Away From Traffic
Next, if the vehicles are driveable, move them to the roadside or as far from traffic flow as possible, but do not leave the accident scene. Setting up flares and utilizing the vehicle’s hazard lights can help motorists warn other road users about the collision.
Report the Incident to the Police
The following step involves contacting the police and waiting for them to arrive. Then, answer questions from law enforcement so they can create a police report, provide insurance information and driver’s license details, share factual information with the police about what happened, obtain the badge numbers and names of all attending officers, and get a copy of the Mississippi car accident report to provide to the at-fault party’s insurer. If law enforcement cannot attend, motorists can file their own report with the local police or highway patrol.
Find out more about what to do following an auto accident, including how to handle a car accident claim, by reaching out to a car accident lawyer in Mississippi. Contact Lott Law to discuss the next steps with a Mississippi personal injury attorney.
Take Pictures/Videos and Exchange Information
While an accident report from law enforcement officially documents a collision, victims might think about taking pictures/videos of vehicle damage, injuries, road/environment conditions, and the accident scene from several angles to demonstrate what happened, which can be invaluable evidence for proving the causes behind the accident and the extent of incurred damages. On top of this, acquire the names, phone numbers, insurance information, and addresses of all involved drivers, while also exchanging license plate numbers and driver’s license details, finding out what the makes and models of the involved vehicles are, and asking witnesses for their contact details (if any are present) and statements (if law enforcement does not attend the accident site).
Initiate a Claim
Finally, get in touch with the insurance carrier of the at-fault driver and submit an insurance claim; car accident victims may consider hiring an attorney to help with this process. A claimant may decide to file a claim with their own insurer if the at-fault party lacks adequate insurance cover or fled the scene, provided their insurance covers such instances.
Do You Have To Have a Police Report To File an Insurance Claim in Mississippi?
Having a police report is not a requirement for every auto accident. However, they can expedite the insurance/legal claim process and strengthen cases by providing an official, unbiased record of what happened during the incident, including witness/driver statements, issued citations, police officer observations, and accident details. As such, the recommended approach is to always get a copy of one (involved parties may apply for a copy online, by mail, or in person, which involves paying a small fee), even when involving minor collisions.
Worth noting is that Mississippi law does require motorists to file a written accident report in certain circumstances. The Mississippi Bar states that drivers involved in auto accidents leading to a person’s death or injury or where the property damage totaled more than $250 must inform the police in writing no later than 10 days after the accident; otherwise, the motorist may receive penalties in the form of a misdemeanor conviction and a license suspension (importantly, providing a report containing false information is also an offense). In the event that the police do not attend the accident site, victims may want to consider gathering evidence that law enforcement ordinarily would collate to support a potential claim, including witness contact details and statements.
How Do I Get a Maximum Settlement From a Car Accident?
While navigating the Mississippi auto accident claims process can be time-consuming and complex, it allows individuals to understand their rights, protect themselves, and maximize a settlement’s value. Here is an overview of how to obtain a favorable car accident settlement.
Understand a Claim’s Value
To reach a settlement viewed as fair by the victim, they require an understanding of their losses since this dictates how much a claim is worth. In addition to a person’s immediate medical bills, this involves considering future medical expenses, property damage, and lost earnings, as well as non-economic losses like emotional distress and pain and suffering. Victims can then compare any settlement offers with the total damages they have calculated and negotiate accordingly until they obtain a favorable settlement.
Discover how Lott Law, a car accident lawyer in Mississippi, can help motor vehicle accident victims get a favorable settlement for their car accident claim. Reach out to us today to acquire case assistance from a Mississippi personal injury attorney.
File Promptly
With regard to legal claims, plaintiffs might want to avoid waiting until close to the filing deadline, as this may weaken their case. This is due to evidence typically becoming less reliable over time; for instance, witnesses may remember less about the accident, and other valuable evidence such as camera recordings might become lost. Importantly, lawsuits often lead to settlements before the trial date, and preserving key evidence by starting the preparation for a legal claim early can be an effective way of achieving an out-of-court resolution.
Avoid Social Media
Opposing attorneys and insurance carriers frequently scrutinize auto accident victims’ social media accounts to search for evidence that contradicts their claims, highlighting the importance of not posting anything on these channels related to an individual’s accident, including their injuries and recovery. For instance, a post or photo indicating that the victim is physically active may lead to insurers/lawyers disputing the severity of a person’s injuries.
Ideally, victims may consider not using online platforms entirely until the end of their claim, although they can do so provided they are extremely cautious. Asking family and friends not to discuss the case online can also help prevent unintentionally comprising a claim.
How Can a Car Accident Lawyer in Mississippi Help?
An attorney can help safeguard the legal rights of auto accident victims and can be particularly helpful in cases when it is not clear who the liable party is and when a claimant has suffered extensive damages. The lawyer of a motor vehicle accident victim can thoroughly investigate an accident and gather key supporting evidence, including police reports, vehicle damage assessments, videos, photos, and witness statements. Additionally, they might hire specialists, such as accident reconstructionists, medical professionals, and forensic experts to obtain expert witness testimonies, determine exactly what happened, and identify a victim’s losses, including non-economic and economic damages.
Alongside this, an auto accident attorney can ensure the timely and correct filing of insurance claims (before the deadline specified by the at-fault party’s insurance carrier), and notably, a lawyer can handle negotiations with insurance adjusters on behalf of the claimant, preventing insurers from using tactics designed to devalue a claim and improving the chances of reaching a favorable settlement. If it is not possible to agree on a settlement, an attorney can file a lawsuit against the at-fault motorist, within the statute of limitations deadline, and represent the victim’s legal interests in court. Consider contacting a car accident lawyer in Mississippi from Lott Law to learn more about how a Mississippi personal injury attorney can help with a car accident claim.
How Much Are Most Car Accident Settlements?
The majority of auto accident claims end in reaching a settlement (as litigation tends to be risky, time-consuming, and expensive for all parties), typically in the tens of thousands of dollars but possibly as low as a few thousand in scenarios involving minor injuries and vehicle damage. Numerous factors can impact the value of car accident settlements, including insurance coverage, injury severity, the level of financial losses and other non-economic damages, as well as liability determinations. In terms of insurance coverage, most states have minimum coverage requirements, which, in Mississippi, is $5,000 property damage coverage per accident, $20,000 accident coverage, and $10,000 personal injury coverage per individual, and if the at-fault motorist only has insurance meeting these minimum thresholds, the amount of available compensation that victims may receive is typically lower compared to at-fault drivers with more extensive coverage; similarly, if the at-fault party has no insurance or their identity is unavailable, such as in the case of hit-and-run accidents, the ability to obtain compensation depends on whether the victim has uninsured/underinsured coverage under their own insurance policy and the extent of this coverage.
With regard to injury severity, auto accident cases involving severe injuries, such as neck and back injuries, as well as head trauma, are likely to lead to higher payouts compared to cases pertaining to minor/moderate injuries like lacerations and whiplash, which is due to serious injuries incurring significant medical bills (particularly if involving hospitalization and surgery), rehabilitation and accessibility expenses, and pain and suffering. The extent of other financial losses also impacts the amount of compensation on offer in a settlement, such as how much it costs to repair a victim’s vehicle and the earnings the claimant has lost during their recovery. Establishing liability in motor vehicle accidents also affects a settlement’s value, with clear-cut cases where a single party is to blame likely to lead to an increased payout; however, multiple parties often are responsible to some degree, and since comparative negligence rules in Mississippi permits partially to blame motorists to obtain damages for their losses in line with their percentage of fault, this can result in lower settlements in these scenarios or allowing the courts to determine liability in the event of disagreement.
What Not To Say When Filing a Claim
Insurance carriers may use statements said by claimants against them to pay less compensation or reject claims completely, even if the claimant merely misspoke or was being truthful. Below are nine things car accident victims may want to not say to insurance adjusters.
Admittance of Fault
Alongside avoiding any phrase directly suggesting they are at fault for the accident, claimants may also stay clear of apologetic statements, whether this is to the police, other motorists, or insurers, as this can indicate that they might be liable in some way. Many individuals may naturally say “Sorry” due to nerves or over-politeness, even when they did not contribute at all to the incident, but saying this can have negative connotations for a claim.
A Mississippi personal injury attorney from Lott Law can assist victims with insurance adjuster interactions, helping them avoid making statements that can jeopardize a car accident claim. Get in touch today to inquire about legal representation and discuss your legal queries with a car accident lawyer in Mississippi.
Speculative Comments
During insurance adjuster interactions, only mention factual information and avoid guessing or sharing opinions. Insurers may use statements such as “In my view” or “I think” against auto accident victims. If a claimant is unsure how to answer a question posed by a claims adjuster, the recommended approach is to simply say “I do not know”.
Injury Remarks
Insurance adjusters typically inquire about a victim’s injuries during the claims process. When asked, claimants may refuse to comment on them until after a doctor examines them and sufficient time has passed. Many injuries might not become noticeable for quite some time, and the adrenaline experienced from an accident could prevent victims from feeling pain and discomfort shortly after the incident; moreover, claimants could consider consulting with an attorney if insurers are pressuring them into signing medical releases.
Contact Information of Other Parties
Generally, claimants may want to avoid sharing the contact details of other parties, such as friends and family members, with insurance companies. This prevents insurers from contacting these people to obtain extra information concerning the collision and the victim’s recovery that they may try to use against them.
Recorded Statements
There is no legal obligation for car accident victims to provide insurers with a recorded statement, and generally, claimants may consider refusing such a request. Recorded statements have no benefit to a victim’s claim, serving only the interests of insurance carriers, who thoroughly examine these recordings for contradictory statements and inconsistencies. Additionally, motorists may inadvertently admit fault in recorded statements; a more sensible approach is to insist on providing a written statement, giving motor vehicle accident victims more control over the statement’s content.
Unnecessary Details
Furthermore, avoid over-volunteering information. For instance, if a claims adjuster does not ask the claimant how fast they were driving, it is unnecessary to share these details with them. Motorists might also think about not sharing details concerning vehicle customizations or whether they engage in ride-sharing.
No Attorney
Informing an insurer that the claimant has no attorney to represent them may result in adjusters taking advantage of the victim. For instance, this could lead to adjusters trying to exploit the victim’s lack of awareness of their legal rights and pressuring them into admitting fault and/or accepting an initial, lowball settlement offer.
Those looking to file a car accident claim without legal representation may consider contacting a car accident lawyer in Mississippi from Lott Law. Schedule an initial case review today with a Mississippi personal injury attorney.
First Offer Acceptance
A common strategy employed by insurers is to encourage victims to settle quickly. Usually, an insurance carrier may submit what seems to be a tempting initial offer but is actually an offer that is far below the true value of a claim, hoping the claimant accepts due to desperately needing the funds to cover their losses. However, accepting such an offer typically means the claimant cannot obtain further compensation in the future, which can have a significant impact if the victim’s injuries worsen and medical bills increase; so, be sure to ascertain what the claim is worth and use the initial offer as a starting point in what is likely to be a lengthy negotiation process.
Dishonest Claims
At all costs, be sure not to say anything dishonest as, if caught, this is very likely to result in claim denial and further penalties, such as an invalidated policy, and even the prospect of facing criminal charges for fraud, which could lead to a criminal record, fines, and even jail time. A classic example relates to claimants saying they have injuries they do not have.
Is Mississippi a No-Fault State for Car Accidents?
No-fault states require drivers to obtain auto insurance with medical payment coverage or personal injury protection (PIP) that covers their losses and the damages of their passengers when involved in auto accidents. In states adopting this system, vehicle occupants use their own coverage (often more expensive to get than in tort states) to acquire compensation before establishing who the liable party is, and many of these states limit available compensation to significant injuries unless a victim pays more in insurance premiums to gain extended coverage with greater policy limits. However, as Mississippi is an at-fault/tort state, those injured in car accidents in Mississippi caused by a party other than themselves can seek compensation from this party’s insurance provider to cover their medical bills, pain and suffering, loss of quality of life, current and future lost earnings, and other damages.
In addition to imposing minimum coverage requirements, auto insurance laws in Mississippi require drivers to carry proof of insurance on their person while operating a motor vehicle (either a physical or digital copy). While the police may not stop drivers just to check they are adhering to this legal requirement, if law enforcement does stop a motorist for another offense and the driver cannot provide this evidence, they are likely to face a misdemeanor conviction, carrying penalties of a maximum fine of $1,000 and a license suspension ranging from until they obtain insurance to a maximum of one year.
How Long Do You Have To File a Claim After a Car Accident in Mississippi?
As outlined by the National Crime Victim Bar Association, the statute of limitations, which is the deadline for filing legal claims, is three years for property damage, wrongful death, and personal injury claims, the likely lawsuits brought by auto accident victims; these deadlines start from the accident date for property damage and personal injury lawsuits and the death date for wrongful death claims. In the event that plaintiffs file their car accident claims outside of this time limit, the court is almost certain to dismiss the case, although some exceptions exist, as follows:
- In rare circumstances, a motorist might be able to argue that their injuries did not present themselves until after the three-year deadline; if the court permits it, plaintiffs may start the deadline from the injury discovery date (or the date a reasonable individual would have noticed the injury) rather than the accident date, potentially leading to quite a significant extension.
- Per the National Center for Youth Law, Mississippi considers minors to be individuals aged under 21. If the auto accident victim is a minor, the statute of limitations of three years starts from their 21st birthday, meaning very young victims may have several years to file a lawsuit against the at-fault party.
- If an auto accident results in a victim’s incapacity, the three years for bringing a legal claim does not begin until they regain capacity (although a maximum 21-year deadline exists).
- Finally, if the at-fault party flees the state for a long time after the collision, the court may not count this period of absence toward the three-year time limit, providing plaintiffs with an extended deadline.
However, the statute of limitations does not apply to insurance claims. This is due to individual policies having specific deadlines, often ranging from a few hours to several weeks.
Contact an Accomplished Mississippi Personal Injury Attorney To Understand More
Auto accidents often leave victims with severe injuries, lost wages, emotional stress, and medical bills, but these parties could improve their chances of recovering their losses by knowing how the car accident claim process works, although facing claims alone can be challenging due to the complexities of navigating Mississippi laws and dealing with insurance carriers. An experienced Mississippi personal injury attorney from Lott Law can outline legal options, fight for motor vehicle accident victims’ rights, assist with overcoming the hurdles presented by insurance claims and lawsuits, and help these parties obtain compensation and justice. Call us today at (228) 215-2787 to get a car accident lawyer in Mississippi to review your case.