A car accident is stressful enough. Learning the other driver has no insurance can make it feel like you’re stuck with medical bills, missed work, and car repairs with no clear way to recover.
In Mississippi, you may still have options. In many uninsured-driver cases, the path to compensation runs through uninsured/underinsured motorist coverage (UM/UIM) on your own auto policy—especially when the at-fault driver is uninsured, underinsured, or can’t be identified in a hit-and-run. Mississippi law requires insurers to offer UM coverage and sets rules for how it can be rejected.
Below is what to do next, how UM/UIM works, and when it may make sense to involve a lawyer—particularly for drivers and passengers across the Mississippi Gulf Coast, including Biloxi, Gulfport, and Ocean Springs.
If you’re hit by an uninsured driver, focus on safety first, then documentation. Early steps often shape what’s recoverable later.
UM/UIM coverage is meant to protect you when the at-fault driver has no insurance, doesn’t have enough insurance, or can’t be identified.
In simple terms, instead of pursuing the other driver’s insurer, you typically make a claim through your own UM/UIM coverage. Mississippi law generally requires auto insurers to offer UM coverage and describes how a rejection must be handled.
The Mississippi Insurance Department also explains the practical purpose: UM/UIM protection can help cover your losses when an uninsured driver hits you or when a hit-and-run driver can’t be found.
Depending on your injuries, documentation, and policy terms, UM/UIM claims may seek compensation for:
Often, yes—if you have UM/UIM coverage in force and the claim meets policy requirements.
Uninsured driver crashes can be financially disruptive because the at-fault driver may not have coverage to pay your damages, and a lawsuit may not lead to a collectible recovery. UM/UIM coverage exists to address that gap, and Mississippi consumer guidance points to UM/UIM as a key protection when the other driver has no insurance or leaves the scene.
Uninsured driving is also a real, ongoing risk nationally, which is why UM/UIM coverage matters for Mississippi drivers.
Can I file a lawsuit against an uninsured driver?
Yes. You can generally sue an uninsured driver for negligence. The bigger practical issue is whether there’s a realistic way to collect on a judgment.
A lawsuit may still make sense when:
In many situations, however, the most effective approach is identifying and maximizing available UM/UIM benefits and other insurance coverage.
Even though the claim is made through your own insurer, UM/UIM claims can become contested—especially when there’s disagreement about fault, injuries, treatment, or coverage terms.
Common issues include:
This is why it’s important to be careful about what you say and sign before your medical outlook is clear.
Not in every case. But legal guidance can help when coverage is unclear, liability is disputed, injuries are serious, or the insurer delays or undervalues the claim.
It can be especially helpful if:
A lawyer can review the policy, gather proof of damages, and handle communications so the claim stays focused on the facts.
Many Mississippi civil actions fall under a three-year limitations period in Mississippi Code Section 15-1-49, with certain exceptions depending on the circumstances.
UM/UIM claims can also involve policy-based notice requirements, so acting early can help preserve both evidence and coverage.
Call 911, get medical care, document the scene, and notify your insurer promptly. Early documentation often strengthens an uninsured motorist claim.
Yes, but collecting a judgment can be difficult. Many cases focus on UM/UIM coverage as the most practical recovery option.
UM/UIM coverage is designed to provide benefits when the at-fault driver is uninsured, underinsured, or can’t be identified in a hit-and-run. Mississippi law requires insurers to offer UM coverage and sets rules for how it can be rejected.
If UM/UIM coverage is in force, it may. The Mississippi Insurance Department explains that UM/UIM protection is intended to help when an uninsured driver causes a crash or leaves the scene.
Not always, but it can help if coverage is disputed, the insurer delays or denies the claim, or your injuries involve long-term treatment and higher damages.
Don’t wait until you’re stuck paying out of pocket for a crash you didn’t cause. If you were injured by an uninsured driver or hurt in a hit-and-run anywhere on the Mississippi Gulf Coast, you may still have options through UM/UIM coverage—but timing and documentation matter.
Contact Davis & Davis, PLLC at (228) 275-9922 or request your FREE consultation online today. We’re ready to step in, protect your rights, and start building your uninsured motorist claim the right way.
As summer kicks into full swing, Mississippi’s highways and backroads fill with vacationers, weekend travelers, and families on road trips. But this increase in traffic comes with a sobering reality: the time between Memorial Day and Labor Day is known as the “100 Deadliest Days” on U.S. roads. Distracted driving plays a significant role in this seasonal spike in accidents.
If you or a loved one is involved in a crash caused by a distracted driver this summer, it’s important to know your rights and the steps to take. In this guide, we’ll break down the causes of distracted driving, what Mississippi law says, and how Davis & Davis PLLC can help you seek compensation if you’re injured.
Summer means more people on the road, especially younger, less experienced drivers. The Federal Motor Carrier Safety Administration (FMCSA) notes that teen drivers are particularly at risk during the “100 Deadliest Days.”
With school out, road trips more frequent, and cars often packed with passengers, the likelihood of distraction increases. Nearly 60% of drivers talk on the phone while driving, and almost half send or read texts. Many also adjust GPS settings, eat behind the wheel, or use mobile apps—behaviors that significantly increase the risk of a serious crash.
Distracted driving can be visual, manual, or cognitive, meaning it involves taking your eyes off the road, your hands off the wheel, or your mind off the task of driving. During summer travel, these distractions become even more frequent and dangerous.
Some of the most common include:
Even hands-free phone use can reduce focus. Mississippi law prohibits texting while driving, and interacting with a GPS may still be considered negligent if it contributes to a crash.
Yes. While Mississippi doesn’t ban all GPS use, manually inputting directions while driving is considered a distraction. If a crash results, this behavior may serve as evidence of negligence in a personal injury claim.
Long road trips and irregular sleep schedules are common during summer, increasing the risk of drowsy driving. Drowsy driving mirrors many effects of drunk driving, including slower reaction times and poor judgment.
Taking the right steps immediately after a crash can strengthen your case:
If you’ve been injured in a distracted driving crash in Mississippi, you may be entitled to compensation for:
The amount you can recover depends on the specifics of your case, but working with an attorney ensures that all categories of loss are properly calculated.
At Davis & Davis, PLLC, we understand the challenges that follow a summer travel accident. Our Biloxi-based attorneys bring over 55 years of combined experience to every case and have a proven track record of holding negligent drivers accountable.
We will:
We are available for home and hospital visits, offer weekend and after-hours consultations, and prioritize your recovery.
Can I sue a distracted driver without a police citation?
Yes. A civil claim doesn’t require the other driver to be ticketed—only that you can prove they acted negligently.
Is using a GPS considered distracted driving in Mississippi?
In some cases, yes. If a driver is manually entering directions or taking their attention off the road, it may be considered distracted driving and used to prove negligence.
How can a personal injury attorney help after a distracted driving crash?
An attorney can handle evidence collection, negotiate with insurers, and pursue full compensation in court if needed.
If you’ve been injured by a distracted driver in Mississippi this summer, the experienced attorneys at Davis & Davis, PLLC are here to help. We offer aggressive representation and client-focused service from the moment you call.
Contact Davis & Davis, PLLC today at (228) 275-9922 for a free consultation, and let’s discuss how we can help you move forward after a distracted driving accident
