Yeah well, it isn't about hitting any type of mother-load, if you will. It is about justice and right/ wrong but they question remains. Why would a first party insurance company who has a duty to settle or a obligation to at least consider settlements ignore all FACTS and push for trial. Maybe the scales of justice is favorable towards the insurance companies these days. First party UIM carriers have less obligation than third party liability carriers, this is NOT fair.
How Does UM/UIM Insurance Work in Mississippi?
Drivers aren't supposed to be on the road if they're uninsured, but plenty of people do it anyway. For that reason, there's uninsured and underinsured motorist insurance. Uninsured motorist (UM) insurance covers you if you are in a car accident with someone who does not have liability insurance. Underinsured motorist (UIM) insurance is for when a motorist has the state-required minimum insurance, but still does not have enough liability insurance to cover your injuries and damages. You might be annoyed when paying the premium for UM insurance, but you'll thank yourself later in the event of an accident.
Mississippi Insurance Laws
Mississippi law states that each automobile insurance policy must include UM insurance. The only way a policy doesn't have this is if the policy holder rejected it in writing. That isn't recommended, though, because this law is in place to help you in the case of an accident with an uninsured driver. In Mississippi, UM and UIM insurances are the same thing—underinsured drivers are treated the same way as uninsured drivers. This is because the state's law includes under insured drivers in the definition of uninsured drivers.
Even though UM insurance is required, that doesn't mean that everybody has the proper liability coverage in their auto insurance policy. Liability coverage is what covers another person's injuries or damages to their property in the event of an accident. Auto insurance liability coverage requirements in Mississippi are:
$25,000 per person for bodily injury
$50,000 per accident for bodily injury
$25,000 per accident for property damage
That means your insurance covers that much per person or per accident for injuries or property damage. But what happens if you're in an accident with a driver who doesn't have proper liability coverage?
Your Options After an Accident with an Uninsured Driver
Mississippi follows the traditional fault system, meaning the at-fault driver must pay for the other driver's medical expenses as well as additional damages, like lost wages and pain and suffering, caused by the accident. But if the at-fault driver doesn't have liability insurance, or it isn't adequate enough to cover what they're responsible for, then that's where your UM insurance comes in.
If your injuries are a result of an accident caused by an uninsured driver, you can file a claim with your own insurance company through your UM insurance. Since it's required by the state, you have peace of mind knowing that you don't have to pay out of pocket for medical bills or damage to your car. UM insurance can also come in handy in the event of a hit-and-run. Since you often can't get a driver's information in a hit-and-run, you can file a claim under your UM insurance.
Something to remember is that Mississippi is a pure comparative fault state. This means that each driver is only liable for their percentage of fault. So if one driver is 60% at fault, they can only recover 40% of the damages done to them and vice versa.
If you have been injured in an accident by a driver without proper insurance, you have a lot to deal with. Not only do you have to worry about your injuries, but you also have to worry about who is responsible for paying damages, lost wages, and any pain and suffering. At Pittman Roberts & Welsh, we might be able to help. Nobody should have to pay for damages in an accident they didn't cause. Contact us today for a free consultation.
How Does UM/UIM Insurance Work in Mississippi? - Pittman, Roberts & Welsh, PLLC
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In Mississippi, if you are injured in a car accident involving an uninsured or underinsured motorist, there are special laws that apply to your injury claim. If you have uninsured motorist insurance ("UM") then you can collect from your uninsured motorist policy. If you are hit by someone that is underinsured, there is another set of laws that apply to your underinsured motorist insurance ("UIM"). An underinsured driver is someone that does not have enough insurance coverage to compensate for all damages involved in your injury claim. The state minimum limits in Mississippi for liability coverage are $25,000 per person and $50,000 per accident. This means that by law all drivers in Mississippi must have at least that much insurance. However, $25,000 per person coverage hardly helps pay the bills for someone that is injured in a car wreck that has $100,000 in medical bills. The injured individual hopefully has underinsured motorist coverage.
One of the most important features of uninsured/underinsured motorist coverage is stacking. In Mississippi, you can generally stack coverage. There are some situations where you cannot stack coverage, which becomes complicated. Whether a policy is stackable depends on whether the injured individual is a Class I or Class II insured, a question that will be examined in a later blog series. Stacking works as follows: you have 4 vehicles on your auto insurance policy with $25,000 per person/ $50,000 per accident uninsured/underinsured motorist coverage. If the policies stack then you actually have $100,000 per person, $200,000 per accident coverage. The difference between per person and per accident comes into play as follows: The at fault driver's policy is $25,000 per person, $50,000 per accident bodily injury liability coverage. Two individuals are injured in the wreck. They both have $15,000 in medical bills. Each injured individual can collect, at most, $25,000 for their claim. And if both collect $25,000, then the full $50,000 per accident coverage is exhausted.
Another important feature of uninsured/underinsured motorist coverage in Mississippi is the "set off". The set off works as follows: You are hit by someone that has $25,000 per person, $50,000 per accident coverage. You have $50,000 per person, $100,000 per accident uninsured/underinsured coverage. You have $50,000 in medical bills and pain and suffering. Your UM policy gets a credit or setoff for the $25,000 per person coverage the at fault driver carried. Therefore, you only have $25,000 UM coverage in this situation. Where this often becomes a problem is in the case where the at fault driver carries $25,000 per person liability coverage for bodily injuries and the injured individual/victim carries $25,000 UM coverage. In that instance the injured individual has effectively no UM because the $25,000 liability sets off the $25,000 UM resulting in $0.
Hopefully this article has helped you understand the nuances of uninsured and underinsured motorist coverage. We encourage everyone to examine their UM/UIM policy and make sure they have enough coverage. If you have been injured in a car wreck and have questions regarding the insurance coverage involved in your collision, give our office a call today, we'll be happy to help you.
Uninsured and Underinsured Motorist Coverage and Your Car Accident Claim
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