Uninsured Driver Accident Attorney in Biloxi, MS

Getting hit by a driver without insurance in a Biloxi, Mississippi, creates immediate financial stress on top of your physical injuries. Mississippi requires every driver to maintain liability coverage, yet thousands of motorists ignore this law and drive uninsured every day.

When these illegal drivers cause accidents, victims face mounting medical bills and vehicle damage costs with no clear path to compensation.

Your own insurance policy provides critical protection through Uninsured Motorist (UM) coverage, which Mississippi includes in all auto policies unless specifically rejected. This coverage steps in when an uninsured driver causes your injuries, allowing you to file a claim with your own insurer for medical expenses, lost wages, and other damages.

Our experienced Biloxi uninsured driver accident lawyers help accident victims navigate the complex process of UM claims and fight insurance companies that try to minimize or deny legitimate compensation. Contact us today for a free consultation to learn more about how our uninsured driver accident attorneys in Biloxi can help with your claim.

How Our Biloxi Uninsured Driver Accident Lawyers Build Your Case

At Maloney-Lyons Personal Injury & Car Accident Lawyers, we understand that UM claims require fighting your own insurance company. Our Biloxi office has extensive experience handling these complex cases throughout Harrison County. We know the tactics insurers use to avoid paying fair compensation.

Our investigation begins immediately with securing the police report and interviewing witnesses while their memories remain fresh. We work with accident reconstruction experts when necessary to establish exactly how the collision occurred and prove the other driver’s fault.

• Evidence Collection: We gather all available proof, including traffic camera footage, cell phone records, and vehicle damage assessments.
• Medical Documentation: Our team ensures your treating physicians properly document all injuries and their connection to the accident.
• Insurance Negotiations: We handle all communications with your insurance company to prevent them from taking advantage of you.
• Litigation Preparation: When insurers refuse reasonable settlements, we’re prepared to file suit and take your case to trial.

What Happens If the At-Fault Driver Has No Insurance in Mississippi?

When an uninsured driver hits you in Mississippi, you still have options for recovering compensation. Mississippi law requires all drivers to carry liability insurance, but many drivers ignore this requirement and drive without coverage. Your own auto insurance policy becomes your primary source of financial protection through Uninsured Motorist coverage.

This coverage acts as a substitute for the missing insurance that should have been carried by the driver who caused your accident. You file a claim with your own insurance company, which then compensates you as if the uninsured driver had proper coverage.

• Uninsured Motorist Coverage: Pays for medical bills, lost wages, and pain and suffering when the at-fault driver lacks insurance.
• State Requirements: Mississippi mandates minimum coverage of $25,000 per person and $50,000 per accident for bodily injury.
• Your Safety Net: This protection ensures you’re not left paying for someone else’s negligence and illegal driving.

Does My Uninsured Motorist Coverage Apply?

Mississippi automatically includes Uninsured Motorist coverage in every auto insurance policy unless you specifically reject it in writing. Most drivers have this protection without realizing it exists. Your UM coverage typically matches the liability limits you selected when purchasing your policy.

The coverage applies when the at-fault driver has no insurance whatsoever or when their insurance company denies coverage for valid reasons. It also covers you if the at-fault driver flees the scene in a hit-and-run accident.

Can I Stack UM Coverage or Use Household Policies?

Mississippi allows you to “stack” Uninsured Motorist coverage from multiple vehicles in your household. Stacking combines the coverage limits from each vehicle to create a larger pool of available compensation. If you own three cars, each with $50,000 in UM coverage, stacking gives you access to $150,000 in UM coverage.

You may also be covered under a family member’s policy if you live in the same household. This additional layer of protection can significantly increase your available compensation after a serious accident.

Who Pays After a Hit-and-Run in Biloxi?

Hit-and-run accidents fall under your Uninsured Motorist coverage in Mississippi. The fleeing driver is treated as uninsured, allowing you to file a claim with your own insurance company. However, you must meet specific requirements to access this coverage.

Physical contact between your vehicle and the hit-and-run driver’s vehicle is mandatory for UM coverage to apply. This requirement prevents fraudulent claims while protecting legitimate victims who were actually struck by another car.

What Proof Triggers UM Coverage After a Hit-and-Run?

You need concrete evidence to support your hit-and-run claim. A police report documenting the incident as a hit-and-run provides official recognition of what occurred. Physical damage to your vehicle serves as proof that contact happened between the cars.

Witness statements strengthen your case by providing independent verification of the hit-and-run. Dashcam footage or security camera recordings from nearby businesses can provide additional evidence of the fleeing vehicle and impact.

Can I Recover If the Driver Is Underinsured?

Underinsured Motorist coverage protects you when the at-fault driver has insurance but not enough to cover your damages. This situation is common in Mississippi, where many drivers carry only the minimum required coverage. Your UIM coverage fills the gap between their policy limits and your actual losses.

For example, if your medical bills exceed the at-fault driver’s liability limits, your UIM policy can help cover the shortfall. This coverage is separate from your Uninsured Motorist protection and requires separate policy limits.

Can MedPay and Collision Coverage Reduce Out-of-Pocket Costs?

Medical Payments coverage provides immediate relief by paying for your medical expenses regardless of fault. This coverage helps with emergency room visits, ambulance rides, and initial treatment while your UM claim processed. MedPay typically has lower limits but provides quick access to funds.

Collision coverage repairs your vehicle damage while you pursue your UM claim for personal injuries. These coverages work together to minimize your out-of-pocket expenses during the claims process.

What Compensation Can I Recover?

Your Uninsured Motorist claim allows you to seek the same damages available in any car accident case. As your Biloxi uninsured driver accident lawyer, we ensure your insurance company pays for all compensable losses. The coverage treats your claim as if the uninsured driver had adequate insurance.

Medical Expenses – Hospital bills, surgery costs, rehabilitation, and future medical care
Lost Wages – Income lost during recovery and reduced future earning capacity
Pain and Suffering – Physical discomfort, emotional trauma, and reduced quality of life
Property Damage – Vehicle repairs, personal property replacement, and rental car costs

Your insurance company must evaluate your claim fairly and pay reasonable compensation within your policy limits. We fight to ensure they don’t minimize your damages or rush you into an inadequate settlement.

How Long Do I Have to File a UM Claim in Mississippi?

There is a time limit to file a lawsuit after an accident involving an uninsured driver, so contact an attorney as soon as possible to protect your rights. However, your insurance policy contains much shorter deadlines that can bar your claim entirely. These contractual deadlines typically require you to take prompt action shortly after the accident.

Do Policy Notice or Proof-of-Loss Deadlines Apply?

Your insurance policy requires you to provide prompt notice of any accident; check your policy for the exact deadline. You must also submit a formal proof of loss within the timeframe specified by your insurance policy. These deadlines are strictly enforced by insurance companies looking to avoid paying claims.

Some policies require you to cooperate with the investigation and submit to medical examinations. Failing to meet any contractual requirement can jeopardize your entire claim, regardless of the strength of your case.

Does Comparative Fault Reduce My UM Recovery?

Mississippi’s pure comparative negligence rule applies to Uninsured Motorist claims. Your compensation decreases by your percentage of fault for the accident. If you are found partially at fault, the amount you can recover will be reduced in proportion to your share of responsibility.

Insurance companies often try to shift blame to reduce their payout obligations. They may argue you were speeding, distracted, or violating traffic laws. Our attorneys gather evidence to minimize any fault assigned to you and protect your recovery.

What Steps Should I Take After an Uninsured Driver Crash?

Protecting your legal rights starts immediately after the accident. The actions you take in the first hours and days can significantly impact your ability to recover compensation.

Call 911 and Get a Police Report

Always request a police response to document the accident officially. The responding officer will note the other driver’s lack of insurance in the police report. This documentation becomes crucial evidence for your UM claim.

Seek Immediate Medical Attention

Visit a doctor or go to the emergency room, even if you feel fine initially. Adrenaline can mask serious injuries that become apparent hours or days later. Medical records linking your injuries to the accident are essential when you document your injuries for your claim.

Preserve Evidence and Witness Information

Take photographs of all vehicle damage, the accident scene, and any visible injuries. Collect contact information from witnesses who saw the collision occur. This evidence may be your only proof of how the accident happened.

Notify Your Insurance Company Promptly

Report the accident to your insurance company within the required timeframe. Provide basic facts about what happened, but avoid giving detailed recorded statements until you consult with an attorney.

Contact a Biloxi Uninsured Driver Accident Lawyer

Early legal representation protects you from insurance company tactics designed to minimize your claim. We handle all communications with your insurer and ensure you meet all policy requirements.

Will My Insurance Rates Increase If I Use UM Coverage?

Using your Uninsured Motorist coverage should not increase your insurance premiums. You’re filing a claim for damages caused by another driver’s negligence and illegal failure to carry insurance. The accident was not your fault, and you’re using a benefit you paid for through your premiums.

However, some insurance companies may still raise your rates after a claim. Having legal representation helps protect you from unfair rate increases and ensures your rights are respected throughout the process.

Why Hire a Biloxi Uninsured Driver Accident Lawyer?

Uninsured Motorist claims pit you against your own insurance company in an adversarial process. The insurer’s goal is to minimize its payout, not to protect your interests. Insurance adjusters are trained professionals who know how to reduce claim values and pressure victims into inadequate settlements.

We level the playing field by understanding complex insurance policy language and state regulations governing UM coverage. Our attorneys work directly with clients, not case managers, ensuring you receive personal attention throughout your case.

Professional legal representation from an experienced car accident lawyer significantly increases your chances of fair compensation. Insurance companies take claims more seriously when experienced attorneys help you file a personal injury claim, leading to better settlement offers and faster resolutions.

What Does It Cost to Hire Our Firm?

We handle all uninsured driver accident cases on a contingency fee basis. You pay no upfront costs or attorney fees to begin your case. Our payment is based solely on a successful recovery, aligning our interests completely with yours.

This arrangement allows you to access experienced legal representation regardless of your financial situation. You can focus on your recovery while we handle the legal battle with your insurance company.

Contact Our Biloxi Uninsured Driver Accident Lawyers

Don’t let an uninsured driver’s poor choices leave you struggling with medical bills and lost income. The experienced attorneys at Maloney-Lyons Personal Injury & Car Accident Lawyers fight for the compensation you deserve. Our Biloxi office serves clients throughout the Mississippi Gulf Coast with personalized attention and aggressive advocacy.

We offer free consultations to evaluate your case and explain your legal options. Contact us today or visit our office at 2548 Beach Blvd, Suite 200, Biloxi, MS 39531 to discuss your uninsured driver accident claim.

Frequently Asked Questions

Who Pays Medical Bills After an Uninsured Driver Hits Me?

Your Uninsured Motorist coverage pays for medical expenses when an uninsured driver causes your injuries. Medical Payments coverage on your policy may also provide immediate assistance for initial treatment costs.

Can I Sue an Uninsured Driver Personally?

You can file a lawsuit against an uninsured driver, but most lack sufficient assets to satisfy a judgment. Your UM coverage typically provides the most reliable path to compensation.

What If the Uninsured Driver Flees the Scene?

Hit-and-run accidents qualify for Uninsured Motorist coverage in Mississippi, provided there was physical contact between the vehicles. You must report the incident to the police and provide evidence of the collision.

How Much UM Coverage Should I Carry?

Consider purchasing UM coverage equal to or greater than your liability limits. Higher limits protect you better against uninsured drivers and provide more compensation for serious injuries.

Will My Insurance Company Fight My UM Claim?

Insurance companies often dispute UM claims to minimize payouts. They may question fault, injury severity, or policy coverage. Legal representation helps ensure fair treatment and proper compensation.

Can I Use UM Coverage for Property Damage?

Some UM policies include property damage coverage for vehicle repairs when an uninsured driver causes the accident. Check your specific policy terms or consult with our attorneys to understand your coverage.

What Happens If I’m Partially at Fault?

Mississippi’s comparative negligence rule reduces your compensation by your percentage of fault. You can still recover damages even if you bear some responsibility for the accident.