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What to Do After Being Involved in a Car Accident in Mississippi: Steps to Take

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October 7, 2024

Car accidents are often sudden, overwhelming, and stressful events. Knowing the correct steps to take in the aftermath is essential for safeguarding your rights and ensuring a smooth claims process. This guide will walk you through the necessary actions to take after being involved in a car accident in Mississippi, providing valuable insights into the legal system and how to protect your interests. Davis & Davis, PLLC provides legal representation for those who have been in car accidents. With a deep understanding of Mississippi’s automobile accident laws, we have a proven track record of securing favorable outcomes in our cases. Our commitment to client advocacy sets us apart as the right choice for your legal needs.

Ensure Safety First

Immediately after a car accident, your top priority should be the safety of everyone involved. Check for injuries among all parties and call 911 if anyone needs medical attention. If the vehicles are operable, move them to a safe location, such as the shoulder of the road, to avoid further accidents. Turn on your hazard lights and, if available, set up warning triangles or flares to alert other drivers of the situation.

Contact Law Enforcement

In Mississippi, it's mandatory to report any accident that results in injury, death, or property damage exceeding $250. Calling the police ensures that an official record of the incident is made, which can be crucial later on. When law enforcement arrives, provide accurate information about what happened, but avoid speculating or admitting fault. Stay at the scene until the police have finished their report and instructed you that you can leave. A police report will not only document the accident but also serve as an invaluable piece of evidence when dealing with insurance companies and potential legal proceedings.

According to Mississippi Code § 63-3-401, drivers involved in accidents resulting in injury or death must stop immediately and remain at the scene until they fulfill specific legal requirements. Failure to do so can lead to severe penalties, including imprisonment, hefty fines, and the revocation of the driver’s license. This law underscores the importance of complying with legal obligations at the scene of an accident to avoid further complications.

Exchange Information

While waiting for law enforcement to arrive, exchange information with the other driver(s) involved in the accident. Be sure to collect:

  • Names and contact details
  • Insurance company names and policy numbers
  • Vehicle make, model, and license plate numbers
  • Driver’s license numbers

Having this information will facilitate the claims process and protect your rights.

Document the Scene

Thorough documentation of the accident scene is vital for any subsequent insurance claim or legal action. Use your phone to take photos of all vehicles involved, focusing on areas of damage. Capture the overall accident scene, including road conditions, traffic signs, and any contributing factors such as debris or weather conditions. Note the time and date of the accident, as well as any relevant weather conditions. If there are witnesses, collect their contact information as they may provide crucial third-party accounts of the event.

Seek Medical Attention

Even if you feel fine immediately following the accident, it’s advisable to seek medical attention. Some common car accident injuries, such as whiplash, concussions, or internal trauma, may not be immediately apparent and can worsen over time. Medical records will not only ensure your health is properly managed but can also serve as critical evidence if you need to file a claim later.

Notify Your Insurance Company

Contact your insurance provider as soon as possible to report the accident. Provide them with basic details about the incident but avoid speculating about fault. Stick to the facts, and be honest in your account. Your insurer will guide you through the claims process and advise on the next steps, including vehicle inspections and repair estimates.

Consult with a Personal Injury Attorney

Consulting with a personal injury attorney can be a valuable step, particularly if there are significant injuries, disputed fault, or if the insurance company is uncooperative. Davis & Davis, PLLC is a trusted attorney for car accident victims in Mississippi. With over 65 years of combined experience,  Biloxi car accident attorneys can guide you through every step of the process, from gathering evidence to negotiating with insurance companies. Davis & Davis, PLLC has a proven track record of securing favorable outcomes for car accident victims. View our case results to see how we’ve helped clients recover compensation for their injuries. Our commitment to client-focused service ensures that your case is handled with the dedication and expertise you deserve.

Frequently Asked Questions

Do You Need a Police Report to File an Insurance Claim in Mississippi?

While a police report is not strictly required to file an insurance claim, it can significantly strengthen your case. Mississippi law mandates reporting accidents that result in injury, death, or significant property damage. The police report serves as an official record of the incident, making it a critical document when dealing with insurance companies.

How Long Do You Have to Report an Accident in Mississippi?

According to Mississippi Code § 63-3-411, you must report an accident to the police within 10 days if it resulted in injury, death, or property damage exceeding $250. However, reporting the accident immediately is always best practice.

Is Mississippi a No-Fault State?

Mississippi is not a no-fault state; it follows a traditional fault-based system for car accidents. This means the person responsible for causing the accident is also responsible for any resulting damages. Understanding this fault system is crucial when filing claims or seeking legal advice after an accident. 

How Long After a Car Accident Can You Sue in Mississippi?

In Mississippi, the statute of limitations for personal injury claims arising from car accidents is three years from the date of the accident. The same three-year limit applies to property damage claims. It’s crucial to be aware of these deadlines; failing to file within the specified timeframe can result in your case being dismissed. 

Critical Steps for Managing the Aftermath of a Car Accident

After ensuring everyone’s safety and contacting the authorities, it’s important to stay organized and keep track of all documentation related to the accident. This includes:

  • Photographic Evidence: Capture images from all angles of the accident, including vehicle damage, road conditions, traffic signs, and any visible injuries. Ensure that your photos are clear and well-focused as they play a crucial role in proving the extent of the damage and supporting your claims.
  • Record Keeping: Keep a file with all relevant documents, such as the police report, medical records, insurance claim numbers, and contact details of all involved parties, including witnesses. This organized approach will help streamline the claims process and provide a strong foundation for any legal action.
  • Communications: Be mindful of your communications with insurance companies. Only provide the necessary information when required and avoid speculating or admitting fault. It’s often beneficial to consult with an attorney before giving any official statements to ensure your rights are fully protected.
  • Legal Representation: Securing legal representation early in the process can help preserve evidence and avoid potential mistakes when dealing with insurance companies or the other party. Joseph P. Davis, a seasoned personal injury attorney at Davis & Davis, has been fighting for the rights of accident victims for over 30 years. His extensive experience and dedication to his clients make him the ideal choice to represent you in your car accident claim.

Legal Framework for Car Accidents in Mississippi

Comparative Negligence

Mississippi operates under a pure comparative negligence rule, as outlined in Mississippi Code § 11-7-15. This means you can still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 30% at fault, you can still recover 70% of your damages.

Minimum Insurance Requirements

Mississippi law mandates that all drivers carry minimum liability insurance coverage. According to Mississippi Code § 63-15-3, the minimum requirements are:

  • $25,000 per person for bodily injury
  • $50,000 per accident for bodily injury
  • $25,000 per accident for property damage

Uninsured Motorist Coverage

While not mandatory, uninsured motorist coverage is automatically included in all auto insurance policies in Mississippi unless specifically rejected in writing by the policyholder. This coverage is crucial in cases involving uninsured or underinsured drivers and can provide much-needed protection. The Mississippi Insurance Department's website gives detailed information about  Mississippi auto insurance.

Why Davis & Davis is Your Best Advocate

Whether you’re dealing with severe injuries, disputed fault, or difficult insurance companies, Davis & Davis stands ready to help you recover the compensation you deserve. Contact their Biloxi car accident attorneys today for a free consultation, and let them fight on your behalf to ensure your rights are protected.

Turn Your Case Around with the Right Legal Help

Experiencing a car accident can be a traumatic and confusing time, but knowing the proper steps to take can significantly influence the outcome of your case. By adhering to the guidelines outlined in this article and understanding the legal framework in Mississippi, you can protect your rights and seek the best possible resolution.If you are unsure about any aspect of your case, consulting with Davis & Davis, PLLC can provide personalized guidance and help you understand the intricacies of car accident claims in Mississippi. Don’t hesitate to contact our dedicated team at 228-275-9922 who can advocate on your behalf and ensure your rights are protected. For more insights, visit our blog to stay informed on personal injury law and other legal advice.

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