Car accident injury claims in Mississippi
In Mississippi, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Mississippi.
Mississippi at a glance
- Fault rule
- Pure comparative fault
- No-fault state?
- No
- Minimum liability coverage
- 25/50/25 (Miss. Code § 63-15-3 — $25K BI/person, $50K BI/accident, $25K PD). UM/UIM mandatorily offered at 25/50 under § 83-11-101 unless rejected in writing. No statutory PIP/MedPay mandate.
- Time limit for an injury claim
- 3 years
You can recover even if you were mostly at fault — your award is reduced by your share of fault.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in Mississippi
Mississippi applies PURE comparative fault under Miss. Code § 11-7-15, adopted in 1910 — the EARLIEST US adoption (by ~60+ years). Plaintiff's recovery is reduced by the plaintiff's fault percentage with NO percentage bar: plaintiff at 99% fault recovers 1%, at 50% recovers 50%, at 1% recovers 99%. MS joins the CA/WA/NY/AZ/KY/LA/MO/NM pure-comparative cluster (NV/OK/OR membership subject to clean-retrieval confirmation). This is among the most plaintiff-friendly negligence regimes in the US.
Paying for injuries in Mississippi
Mississippi is a pure AT-FAULT state — no mandatory no-fault PIP has ever been enacted. § 63-15-3 mandates 25/50/25 liability coverage. MedPay is optional first-party medical-payments coverage (carrier-offered). UM/UIM is mandatorily offered under § 83-11-101. There is NO tort threshold — noneconomic damages are recoverable subject only to pure comparative-fault reduction (§ 11-7-15). First-party medical coverage flows via optional MedPay or the claimant's health insurer (subject to subrogation/lien); medical-bill recovery against the at-fault driver flows through the third-party BI liability claim.
How Moe handles injury claims in Mississippi
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Mississippi’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Mississippi injury claims — common questions
- Is Mississippi a no-fault state?
- No. Mississippi is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is Mississippi's fault rule for a car accident?
- Mississippi follows pure comparative fault. You can recover even if you were mostly at fault — your award is reduced by your share of fault.
- How long do I have to file an injury claim in Mississippi?
- In Mississippi the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Mississippi’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.