Mississippi Auto Insurance: Understanding No-Fault Laws

Mississippi is not a no-fault state for auto insurance. Mississippi is an at-fault or tort state, which means the person at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident. In a no-fault state, drivers are required to carry personal injury protection (PIP) insurance to pay for their medical expenses after a car accident, regardless of fault. In Mississippi, PIP is not required.

Mississippi is an at-fault state

Mississippi is an "at-fault" or "tort" state, which means that the person who is at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident. In other words, if you are injured in a Mississippi car accident caused by another driver, you can seek full compensation from the at-fault driver and their insurance company. This includes compensation for medical bills, lost wages, pain and suffering, and future medical expenses and lost wages.

Unlike in no-fault states, drivers in Mississippi can file lawsuits to seek compensation for even basic medical expenses after an accident. Mississippi law requires that all drivers have auto insurance to ensure that careless drivers can pay for at least some of the damages they cause. The insurance company must provide the insured with proof of insurance, either in the form of a paper card or electronically.

Mississippi uses a pure comparative negligence system, which means that drivers can collect damages proportionate to their fault in causing the crash. For example, if a driver is found to be 99% at fault, they can still collect 1% of damages from the other driver.

Being an "at-fault" state helps keep Mississippi's insurance costs relatively low compared to no-fault states. In no-fault states, drivers bear the cost of their own injuries, even when another driver is at fault. In Mississippi, victims can seek compensation directly from the negligent party, either through an insurance claim or a lawsuit.

Mississippi requires all drivers to carry liability insurance

Mississippi is not a no-fault state. Instead, it is an "at-fault" or "tort" state, meaning that if you are injured in a Mississippi car accident caused by another driver, you can seek full compensation from the at-fault driver and their insurance company. Mississippi law requires that all drivers carry liability insurance. This means that if you are found to be at fault in an accident, your liability insurance will pay for the other driver's injuries, lost wages, and pain and suffering, as well as any damage to their vehicle.

The minimum liability coverage in Mississippi is 25/50/25:

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

Liability coverage is the only type of insurance that is legally required in Mississippi. It is important to note that carrying just the minimum liability limits may not provide enough coverage in the event of a serious accident. It is recommended that drivers increase their liability limits and consider adding extra coverage, such as comprehensive, collision, or uninsured motorist protection.

Driving without insurance in Mississippi is a misdemeanor and can result in a fine of up to $1,000 and a suspension of driving privileges for up to a year. Reinstating your license after a violation will also be costly. Mississippi police do not have the right to stop drivers solely to verify insurance, but if you are pulled over for another reason, you must show proof of insurance or face the penalties for driving without it.

Mississippi has some of the most dangerous roads in the US

There are several factors that contribute to the high number of motor vehicle accidents in Mississippi. Common factors include loose gravel, a lack of police presence to enforce the speed limit, windy country roads, speeding, and distracted drivers. Additionally, Mississippi drivers are more likely than residents of most other states to engage in risky behaviours such as failing to wear a seatbelt, drinking and driving, and texting while driving.

Some of the most dangerous roads in Mississippi include:

• US-98/Hardy Street, Hattiesburg: This road has a record of about 7,649 crashes between 2010 and 2014. It is surrounded by large, urban areas and has multiple exits, increasing the risk of accidents.
• MS-25/Lakeland Drive, Jackson: This road connects urban and rural areas and has a four-lane divided highway running through 13 cities in Mississippi. The high speeds in rural areas and the busy roads in urban surroundings make this road extremely dangerous.
• MS-302/Goodman Road, Memphis: This road intersects six major highways and runs through rural areas, making it difficult for emergency responders and law enforcement to reach accidents quickly.
• US-90/Bienville Blvd, Biloxi: This highway runs through many coastal towns, increasing traffic and the chances of accidents.
• Interstate 20: This highway has many dangerous curves and large commercial trucks, making it important for drivers to maintain a safe distance.
• Interstate 59: This road has a high number of fatalities, with a rate of 0.55 deaths per mile. One of the most dangerous areas is the acute S-shaped turn near mile marker 96, where many people drive too fast.
• Interstate 55: This heavily-trafficked interstate has a high number of accidents, with almost one life claimed for every mile. The condition of the road, including thick foliage obstructing visibility, contributes to its danger.

Mississippi uses a pure comparative negligence system

Mississippi has some of the most dangerous roads in the US, with a high number of motor vehicle accident fatalities per capita. The state is considered an "at-fault" or "tort" state, meaning that if you are injured in a car accident caused by another driver, you can seek full compensation from the at-fault driver and their insurance company. Mississippi also follows a pure comparative negligence system, which is different from the modified comparative negligence system used in most other states.

Under the pure comparative negligence system, Mississippi state law (Miss. Code § 11-7-15) allows an injured party to recover damages from another person even if they are deemed mostly at fault for their own injuries. The injured party's right to damages will be reduced by their own liability, but they will not be barred from recovering. If the injured party is found to be 70% at fault for the accident, they can still recover up to 70% of their damages from the other party. However, they will be responsible for covering 30% of the other party's damages.

In a pure comparative negligence system, the key difference is the amount of fault that must be attributed to the injured party in order for them to receive compensation. While a modified comparative fault system only allows an individual to recover damages if they are less than 50% responsible, a person can still receive some compensation under a pure comparative negligence system even if they are mostly at fault.

It's important to note that states with a pure comparative negligence system usually limit how much compensation an injured party can receive after factoring in their percentage of fault.

In Mississippi, the determination of fault in a car accident is crucial, as it directly impacts the amount of compensation that can be recovered. Insurance companies will decide on the percentage of blame based on evidence sent in with the claim, along with police reports. This evidence includes car makes and models, time and weather conditions, photos of damage and injuries, witness statements, and police statements.

Mississippi has a mandatory insurance law, requiring all drivers to have auto insurance. The state also has some of the highest rates of uninsured motorists in the country, with nearly one in three drivers uninsured. Driving without insurance in Mississippi is considered a misdemeanor, with penalties including fines and suspension of driving licenses.

Mississippi's insurance costs are relatively low

Mississippi is not a no-fault state. Instead, it is an "at-fault" or "tort" state, meaning that if you are injured in a car accident caused by another driver, you can seek full compensation from the at-fault driver and their insurance company for past and future lost wages, earnings, pain and suffering, and loss of quality of life. In no-fault states, drivers bear all or some of the cost of their injuries even when another driver caused the accident, which is why auto insurance often costs less in at-fault states like Mississippi.

Mississippi drivers pay car insurance rates well below the national average. The average cost for minimum coverage car insurance in Mississippi is $40 per month, while a full-coverage policy averages $90 per month. Mississippi drivers pay an average of $93 per month for auto insurance, which is $36 cheaper than the national average. Progressive and Direct Auto are the cheapest insurers in the state, with average rates that are less than half the national average. Mississippi Farm Bureau offers the most affordable full coverage at an annual cost of $775, while Shelter has the most expensive premium at around $1,459 per year for the same coverage.

Mississippi's affordable insurance rates can be attributed to various factors, including lower population density, which often results in fewer accidents and claims. The cost of repairs and healthcare is also generally lower in Mississippi compared to other states, leading to lower insurance payouts and cheaper insurance premiums for residents.

Frequently asked questions