The King Law Firm, PLLC
Consistently Exceeding Your Expectations In Gulfport

Does fault matter in an auto accident?

If you are in an automobile or truck accident in Mississippi, does it matter who was at fault?

Yes, it does. States usually require “fault” or “no fault” insurance. Mississippi is a “fault” state.

What this means to you

In “no fault” states, each person pays for the percentage he is at fault in the accident. In “fault” states like Mississippi, the person who is 51 percent or more at fault in the accident has to pay for all the damages for everyone involved in the accident.

For this reason, Mississippi requires every driver to have insurance coverage. The state requires drivers to have a minimum amount of coverage: $25,000 in liability coverage of one person for injury or death, $50,000 in total liability coverage, and $25,000 in liability coverage for property damage.

If you are the “at fault” driver, your liability coverage will kick in if you are in an accident, if a family member is driving your car, if you give permission for someone else to drive your car, and likely if you are driving a rental car.

If you are in an accident and you are not the person at fault, you can:

  • File a claim with your insurance company. Your company will likely turn around and file a claim with the at-fault driver’s insurance company
  • File a claim with the at-fault driver’s insurance company
  • Sue the other driver

The losses you can try to recover include lost income, vehicle damage, medical costs, property damage, pain and suffering, rehabilitation costs and so on.

If you are the “at fault” driver, your liability insurance will not cover the replacement of your own vehicle or your medical bills. For that, you need to get collision and comprehensive insurance. While comprehensive and collision insurance is not mandatory in Mississippi, it is often required by any company that gives you a loan to buy a car.

Being caught driving without proof of insurance is a misdemeanor in Mississippi and will lead to a $500 fine and a license suspension of up to one year.

Mississippi also considers “pure comparative negligence” which allows a court to reduce damages by the driver’s degree of fault.

These are all complicated legal maneuvers that require a qualified guide. If you or a loved one is involved in an accident, contact an experienced attorney to make sure you are completely covered.


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