What Happens If the Person at Fault in an Accident Has No Insurance in Mississippi?

Mississippi follows a fault-based auto liability system, as outlined in Mississippi Code Ann. § 63-15-4. This means the driver who causes an accident is legally responsible for covering the resulting damages, including medical expenses, property repairs, and other losses. Typically, these costs are paid through the at-fault driver's liability insurance.

However, if the at-fault driver is uninsured, they face significant legal and financial consequences. Driving without insurance in Mississippi violates state law and is categorized under Mississippi traffic violations and infractions. Offenders may face civil penalties such as fines, suspension of their driver's license, and revocation of vehicle registration. In addition, they are personally liable for any damages caused in the accident. If the injured party files a lawsuit and obtains a judgment, the uninsured driver could face wage garnishment, property liens, or other collection efforts—especially if they cannot pay the awarded amount.

While Mississippi does not require drivers to carry uninsured motorist (UM) coverage, it is strongly recommended. UM coverage can provide critical financial protection for accident victims when the at-fault driver lacks insurance. Without it, the burden of recovery often falls on the victim, making the path to restitution more difficult and uncertain.

Is It Illegal To Drive Without Insurance In Mississippi?

According to Miss. Code Ann. § 63-15-3(j) (minimum limits of $25,000/$50,000/$25,000), all Mississippi drivers must hold liability insurance or similar financial obligation. Failing to do so is a misdemeanor under Miss Code Ann. § 63-16-13. Driving without a current insurance certificate can result in:

• The sum of fines captured in Mississippi Code Ann. § 63-15-3(j) (or $100 if proof of coverage is presented in court).
• The license is suspended for a year or until proof of insurance is obtained.
• Submitting an SR-22 for reactivation and keeping it up to date for three (3) years may be required.
• Although it is not required by law, vehicle confiscation is permitted under more general enforcement standards.
• If someone causes an accident without insurance, they become individually liable for both their injuries and the losses of others. This is known as civil liability exposure.

What Is the Minimum Insurance Requirement in Mississippi?

Mississippi law requires minimum liability coverage under Miss. Code Ann. § 63-15-43. The limitations are $25,000 for bodily injury or death per person, $50,000 for bodily injury or death to two persons per accident, and $25,000 for property damage per accident. Under Miss Code Ann. § 83-11-101, beneficiaries may refuse uninsured/underinsured motorist coverage (UM/UIM) in writing, but insurers are obligated to provide it, usually matching liability levels.

What To Do After A Car Accident With an Uninsured Driver in Mississippi

Because the at-fault individual is held personally accountable, it might be challenging to recover damages in Mississippi when struck by an uninsured driver. Nevertheless, taking the appropriate actions enhances the victim's financial and legal status. Here are the possible steps to take after an accident with an uninsured driver:

• Report the driver/collision incident: Miss. Code Ann. § 63-15-4 makes driving a car without insurance illegal. Violators could face fines, license suspension, and other penalties if reported. According to Mississippi law, every collision resulting in injury, death, or property damage exceeding $500 must be reported immediately to the highway patrol or local law enforcement (Miss. Code Ann. § 63-3-411). The incident is documented in a police record, which also attests to the at-fault driver's lack of insurance.
• File an SR-1 Form: Although Mississippi is exempt from an SR-1 form like some other states, an accident report may still need to be filed with the Department of Revenue or the Mississippi Department of Public Safety if asked, particularly in cases where insurance is inadequate or fault is disputed.
• Examine your coverage for uninsured motorists (UM): Although UM/UIM coverage is not required in Mississippi, insurers are required to provide it, and drivers are only permitted to decline it in writing (Miss. Code Ann. § 83-11-101). Medical bills, missed income, and other costs incurred by the uninsured motorist can be covered if a person has UM coverage.
• Contemplate a Civil Lawsuit: A person may sue the uninsured driver in a civil court for property damage or personal injury. Even though they are financially responsible, their rehabilitation can be restricted if the driver has no assets or income.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

In Mississippi, an uninsured person can still seek compensation from an at-fault driver under civil liability laws. While state law requires uninsured motorist (UM) coverage in all auto liability policies (Miss. Code § 83-11-101), a person without insurance cannot use their own UM policy. Their recovery is limited to what they can prove against the responsible party. However, the fault-based system in Mississippi permits an accident victim to sue the at-fault driver for property damage, lost pay, and medical expenses. If the uninsured claimant's carelessness caused the crash, there may be limitations that could limit or prevent reimbursement under Mississippi law's comparative fault standards. Therefore, a person's level of fault and the at-fault driver's insurance or financial capacity may have an impact on damages, even while not having insurance won't prevent claims against the at-fault driver.

Can I Sue an Uninsured Driver in Mississippi?

Indeed. In Mississippi, under Miss. Code Ann. §§ 11-7-3 and 11-7-13, a person may file a lawsuit against an uninsured at-fault driver to get compensation for lost wages, medical expenses, and property loss. According to the Mississippi Justice Court Rules, small claims courts handle matters up to $3,500, while County or Circuit Courts handle larger claims (Miss. Code Ann. Title 9, Chpt. 11, §9-33). If favorable, judgments may be enforced by bank levies, liens (§ 85-7-131), or garnishment (§ 11-35-23). Mississippi judgments are subject to renewal and have a seven-year validity period.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Mississippi?

Yes. Under Mississippi Code Section 83-11-101, Uninsured Motorist (UM) or Underinsured Motorist (UIM) insurance can provide coverage if the at-fault driver is uninsured. This insurance must be offered to all drivers, but can be declined in writing. While property damage coverage under Uninsured Motorist Property Damage (UMPD) is often limited or excluded based on individual policies, UM/UIM covers bodily injuries up to the policyholder's limits. Collision coverage helps with car repairs or replacement, and medical payments (MedPay) assist with expenses regardless of fault. It's important to carefully review policy limits and endorsement terms, as UMPD restrictions are tied to liability minimums, typically $25,000.

What Is Uninsured Motorist Coverage in Mississippi?

Mississippi Code Section 83-11-101 requires drivers to have uninsured motorist (UM) and underinsured motorist (UIM) coverage. This ensures protection for insured individuals in accidents caused by drivers with little or no insurance. Starting in 2025, insurers must provide UM/UIM coverage with limits that meet or exceed the state's minimum standards, currently $40,000 per person and $80,000 per accident for bodily injury. Unless the insured specifically opts for lower limits in writing, the law requires UM coverage limits to match their bodily injury liability coverage. When an at-fault driver lacks sufficient insurance, UM/UIM coverage steps in to handle medical costs, lost wages, and other damages that might otherwise be hard to recover.

What If I Don't Have Uninsured Motorist Coverage in Mississippi?

There are a number of other ways for someone who does not have uninsured motorist (UM) coverage in Mississippi to seek compensation. The following is a list of possibilities to consider:

• File a Civil Case: Under Miss Code Ann. §§ 11-7-3 and 11-7-13, one may file a lawsuit against the negligent driver for damages (such as medical expenses, missed income, and property damage). However, many uninsured drivers don't have enough assets, which makes it hard to collect.
• File for License Suspension for Unpaid Judgments: According to Miss Code Ann. § 63-15-35, if someone obtains a civil judgment and the uninsured driver fails to pay, they can request a license suspension. The Mississippi Department of Public Safety has the authority to suspend the driver's license until the judgment is paid or resolved.
• Make Use of Your Insurance: If someone is in an accident and doesn't have Uninsured Motorist Coverage, their collision coverage or MedPay insurance might help cover medical bills or car repair costs.
• Apply for compensation through the Mississippi Crime Victims Compensation Fund: Although property damage is not covered, victims of hit-and-run or DUI cases may petition for limited remuneration of medical costs and lost income through this state fund (Attorney General's Office).

Since each alternative has financial or legal restrictions, merging them could enhance overall restoration.

How Do I Get Compensation from an Uninsured Driver in Mississippi?

In Mississippi, a civil complaint must be filed in Circuit Court for bigger claims or Justice Court for claims up to $3,500 to obtain reimbursement from an uninsured driver. Using Rule 4 of the Mississippi Rules of Civil Procedure, serve the defendant with a summons. Proceed with discovery if the defendant responds (Rules 26–37). One may request a default judgment under Miss Code Ann. § 11-33-79 if they don't reply. According to Rule 62(a), the judgment may be enforced after 30 days by bank levies, liens, or garnishment.

How Much Can You Recover From an Uninsured At-Fault Driver in Mississippi?

According to Mississippi's civil code (Miss. Code Ann. §§ 11-7-3, 11-7-13), people are liable to receive complete compensation for wounds, lost wages, pain, and damage to property brought on by an uninsured at-fault driver. While higher courts may grant larger verdicts, the defendant's financial capacity ultimately determines the recovery. Claims in Justice Court are limited to $3,500, according to Miss. Code Ann. §75-17-7, interest is accrued on judgments in Mississippi. If no rate is stated, agreement-based judgments reflect the contract rate of 8% annually. Other judgments are ineffective before filing, but have a judge-set rate.

How To Find Out If the At-Fault Driver Has Insurance in Mississippi

As needed by state law, first, ascertain whether the at-fault driver in Mississippi is insured by exchanging insurance information at the site of the collision, including name, insurer, and policy number. If they decline, give the police a call; if accessible, the other driver's insurance information is usually included in the official crash report. The Mississippi Department of Public Safety (DPS) or local police may be contacted in person, via mail, or online to obtain this report. Furthermore, a vehicle's insurance status can be checked online in Mississippi using the vehicle ID and title numbers through the Vehicle Insurance Verification System (DRIVe). If the matter proceeds to trial, the defendant may be formally asked for data on insurance via discovery tools. Verifying coverage may also be facilitated by contacting the DMV or insurer directly with incomplete information.

Are Accidents Public Record in Mississippi?

The Mississippi Public Information Act (Miss. Code § 25-61-1 et seq.) governs the public's access to accident-related information in Mississippi, such as court documents, police incident reports, and DMV data. Law enforcement agencies are required to disclose narrative facts about the occurrence in police incident reports, which are public records (Miss. Code § 25-61-12). Miss Code section 63-3-417, however, permits withholding some sensitive material or the subjective accident versions of certain parties. Anyone can obtain accident reports, including lawyers and insurance companies; however, in order to preserve privacy or ongoing investigations, access to some personal or investigative information may be limited. Accident-related DMV data might also be accessible, unless otherwise noted. Mississippi law generally supports public access with few exceptions for secrecy.

Can You Go to Jail for Causing an Accident Without Insurance in Mississippi?

Although driving without insurance is mostly a civil infraction in Mississippi, there are several circumstances in which it might result in criminal consequences, such as jail time. The usual punishment for not presenting evidence of insurance is a misdemeanor or infraction, which carries fines of about $100 and a potential one-year license suspension (Miss. Code Ann. § 63-15-4). Although jail time is an option, it is usually reserved for more serious crimes, such as utilizing forged documents or persistent infractions. Therefore, while simple uninsured driving may not land someone in jail, criminal actions connected to insurance fraud may land someone with misdemeanor charges.

Can You Settle With an Uninsured Driver Out of Court in Mississippi?

Certainly, it is legal to reach an out-of-court settlement with an uninsured driver in Mississippi. Provided it demonstrates offer, approval, consideration, and the parties' intention to be liable, a documented settlement contract is enforceable under state contract law (Miss. Code Ann. §§ 75-2-301 et seq.).

Can I Get Compensation If I Was Partially at Fault?

Indeed. Mississippi's Miss Code Ann. § 11-7-15 establishes a pure comparative negligence system. This implies that a claimant who bears some of the blame may still obtain damages, but their award will be lowered in proportion to their level of responsibility. For instance, you are still entitled to 70% of your total damages from the other accountable party even if you are judged to be 30% at fault. A fault threshold does not prevent recovery.