It started as a normal drive home. Suddenly, you are on the shoulder, your vehicle is damaged, and you are in pain, only to find out the other driver does not have insurance.
Getting hit by an uninsured driver in Mississippi is stressful, but you still have options.
Harris Law Firm explains what to expect after an accident with an uninsured driver and how you may still recover for your losses.
What to Do If Hit by an Uninsured Driver?
After receiving medical care, focus on gathering evidence and reporting the accident:
- Call law enforcement to ensure an official crash report is filed;
- Photograph the vehicles, the roadway, debris, and visible injuries;
- Get the other driver’s name, contact information, license details, and plate number;
- Collect witness names and contact information;
- Notify your insurance company promptly; and
- Avoid giving recorded statements or accepting blame before you understand what happened.
These steps protect your health and your claim. Skipping them makes it harder to prove your case if your insurer questions fault or losses. Even if the other driver admits they have no insurance, you still need to document everything because your claim could depend on it.
Does Uninsured Motorist Coverage Help in Mississippi?
If an uninsured driver hits your car, you might not be able to recover damages from that driver directly. Fortunately, uninsured motorist coverage in Mississippi may allow you to file a claim with your own insurance company.
UM coverage typically helps pay for injuries and other covered losses if you are hit by a driver with no insurance or in a hit-and-run. UIM coverage may help when the at-fault driver has insurance, but not enough to cover the full loss.
You should also check whether your policy includes uninsured motorist property damage coverage, since that may help pay for vehicle repairs when the at-fault driver has no insurance.
After a crash, review your declarations page and policy language as soon as possible to determine what coverage you actually have.
Why Is This Such a Serious Problem in Mississippi?
Mississippi has the highest percentage of uninsured drivers in the country. The Insurance Information Institute reports that 28.2% of Mississippi drivers were uninsured in 2023. News coverage in the state has also highlighted ongoing concerns about the number of uninsured motorists on the road and the harm they cause after wrecks.
Mississippi law requires drivers to carry minimum liability insurance, but that only helps if the other driver actually has an active policy. Police can check insurance electronically, and uninsured drivers can face tickets and fines. Still, those penalties do not pay your medical bills, lost wages, or car repairs.
Can You Sue an Uninsured Driver in Mississippi?
You may be able to file a lawsuit after an uninsured driver accident, but whether that makes sense depends on whether that person has assets or income you can realistically collect from. Mississippi law allows actions against the known owner or operator of an uninsured vehicle and requires notice to the UM insurer when that happens.
UM policies cannot force arbitration or stop you from hiring a lawyer and seeking judgment. Even so, you still need to prove the uninsured driver was legally at fault for the crash.
Many uninsured drivers cannot pay court judgments, so winning a lawsuit does not always mean you’ll collect. A lawyer can help you decide if a UM claim, lawsuit, or both is best for you.
When Should You Talk to a Lawyer?
Contact a lawyer as soon as possible if:
- You have serious injuries,
- Fault is unclear,
- The crash was a hit-and-run, or
- Your insurer is delaying or underpaying your claim.
These cases can become complicated quickly because you may have to work through your own insurer while still proving the uninsured driver caused the crash and your losses.
Injured by an Uninsured Mississippi Driver? Contact Harris Law Firm
Since 1981, Harris Law Firm has helped injured people in Mississippi and Arkansas with personal injury cases. We give each client personal attention and do not treat them like just another file.
If you are dealing with an uninsured driver, we can review your policy, investigate your case, look for available insurance coverage, and help you seek compensation under Mississippi law. We are available 24/7, and you only pay if we win your case.
Legal Resources Used To Inform This Page:
To ensure the accuracy and clarity of this page, we referenced official legal and authoritative sources during the content development process:
- Mississippi Code § 83-11-101 (2025).
- Insurance Information Institute. Facts + Statistics: Uninsured Motorists.
- Mississippi Code § 83-11-109 (2025).
- WXXV News 25. Mississippi Has the Highest Rate of Uninsured Drivers (January 2026)
- Mississippi Department of Public Safety. Mississippi Vehicle Insurance Verification System Program Information.
- Mississippi Insurance Department. Auto Insurance.
- Mississippi Farm Bureau Insurance. The Basics of Auto Insurance.
- Roy Howard Community Journalism Center. Mississippi Lawmakers Weigh Rule to Curb Uninsured Driving (January 2026).
- Mississippi Code Title 83. Insurance § 83-11-103 (2025)
- Mississippi Code § 83-11-105 (2025).
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