What Happens If I Get Insurance After a Car Accident?

A car accident can happen at virtually any intersection or along any stretch of highway, on any street, or in any parking lot. Those accidents can be anything from a minor fender bender to a major rollover. The immediate aftermath of an accident is a check for injuries and damage. Once you get over that shock, it is time to assess the next move to recover any losses by filing an insurance claim. What happens if you get insurance after a car accident in Mississippi?

Mississippi Auto Insurance Requirements

First, it is important to understand the requirements for car insurance in Mississippi. Like most other states, Mississippi requires drivers to have car insurance. That driver needs the following:

• $25,000 for bodily injury to, or the death of, one person in one accident
• $50,000 for bodily injuries to, or the deaths of, two or more people in one accident
• $25,000 for property damage caused in one accident

With regard to insurance claims, Mississippi is an “at-fault” state. If you are the victim of a car accident that was the fault of another driver, then you can file a claim for compensation with that driver’s insurance company. If the claim is successful, you will be compensated for medical bills, lost wages, future earnings (if applicable), and pain and suffering. Fault in an accident is determined by the police or the insurance company.

You must also provide proof of insurance. The Mississippi Department of Public Safety states that you can be cited for not carrying car insurance. The first offense fine is $300 and goes up to $500 for subsequent penalties. If you have insurance but can’t prove it, you can bring proof to your local court clerk’s office and that citation will likely be dismissed.

However, if you don’t get insurance after being cited, your driver’s license will be suspended for a year or until you can show proof of coverage.

No Options

The default position for insurance companies is not to pay for any claim. There are a lot of valid reasons for denying claims. The most obvious is if the driver’s policy has lapsed. If that happens, they are under no obligation to pay out a claim. Even if you “promised to pay,” your claim will still likely be denied. And that lapse can be as small as a single day.

You might consider getting additional coverage after the accident as a way to protect yourself in future accidents, but that new policy will not be able to be retroactively applied to your accident. Insurance companies will consider your policy status starting on the day you pay for the premium, not the day of the accident.

There is also the issue of your insurance rates going up after an accident. Most insurance carriers only raise rates if their customers are found at fault in an accident. If your rates go up, you can switch insurance companies. Keep in mind if you switch before your term is up, you could be charged a cancellation fee.

You should also know that insurance companies share information with each other. That is why the issue of determining fault in an accident is so important. It is also the primary reason to get help from an experienced car accident attorney.

Claim Denial

Not having insurance coverage is just one of the many reasons why an insurance carrier might deny your claim. Here are some additional reasons why an insurance company can deny a claim:

Policy Limits

If you carry the minimum amount of car insurance, you can only collect that amount from your insurance company. If your damages exceed those limits, you might be stuck with out-of-pocket expenses. That only impacts on a claim you file with your insurance company. It will be different if you make a third-party claim with the other motorist’s insurer.

Breaking the Law

An insurance company could deny a claim if the insurer broke the law. For instance, it might deny a claim if the person was driving under the influence of alcohol or was speeding. Not all insurance companies take this stance, but it could be written into the policy.

Not Reporting the Incident

Your claim could be denied if you fail to report the accident to your insurance company. Under Mississippi law, you are obligated to file an accident report with the police within ten days of the accident. You only have to file that report yourself if the police do not show up at the scene to make one themselves.

Not Seeking Medical Attention

You could have a delayed reaction to your injuries after a car accident. When those symptoms show up, it is important to seek immediate medical attention. Failing to do so could make your injuries worse. To the insurance company, it could look like you are filing for an injury that has nothing to do with the accident.

Getting Help After a Car Accident in Jackson, MS

There aren’t many options available if you don’t have car insurance during an accident. Because of the pure comparative negligence laws, you might be able to get compensation even if you were only partially at fault in that accident. However, you could still be cited for not having insurance. On the other hand, if you crash your own car into a light pole without insurance, you will have to pay for your own repairs and medical expenses out-of-pocket.

No matter what type of car accident scenario you find yourself in, it will help to discuss what happened with experienced attorneys. Our legal team at Pittman, Roberts & Welsh, PLLC can help with those important fault determinations and explain your legal options to you. Call to set up a consultation today.