Personal Injury ~ Car Wreck ~ 18 Wheeler Crash ~ Motorcycle Accident ~

• Purpose: Protects you if you’re injured in an accident caused by a driver who has liability insurance, but not enough to cover your total damages.
• Applies to bodily injury, and sometimes property damage, depending on your policy.

• Not required by law, but insurers must offer it when you purchase a policy.
• You can reject UIM coverage in writing.
• Governed by Mississippi Code § 83-11-101 and related sections.

Stacking is allowed:

• You can stack UIM coverage for multiple vehicles on your policy.
• For example, if you have $25,000 in UIM on 3 vehicles, you may be able to claim up to $75,000 in UIM benefits (unless your policy specifically prohibits stacking).

Offset by at-fault driver’s liability:

• Your UIM benefit may be reduced by the amount you recover from the at-fault driver’s insurance.
• Example: If you have $50,000 UIM coverage and recover $25,000 from the other driver, you may be eligible for an additional $25,000 from your UIM policy.

Covers more than just car accidents:

• Can apply if you're hit while walking, biking, or riding in someone else’s vehicle.

You’re injured in a crash. The other driver has minimum coverage:

• $25,000 liability limit, but
• Your injuries and losses total $100,000.

If you have $100,000 in UIM coverage, you can claim the $75,000 difference (after receiving $25,000 from the at-fault driver).

• Mississippi only requires $25,000 per person / $50,000 per accident in liability coverage.
• Serious accidents can easily exceed those limits.
• UIM gives you critical financial protection—especially for medical costs and lost income.

In Mississippi, Underinsured Motorist (UIM) coverage is optional but strongly recommended. 

In Mississippi, liability auto insurance coverage is mandatory by law for all drivers. This coverage pays for bodily injury and property damage you cause to others in an accident where you’re at fault.

As of now, the minimum required coverage (per Mississippi Code § 63-15-3) is:

• $25,000 for bodily injury per person
• $50,000 for bodily injury per accident (if more than one person is injured)
• $25,000 for property damage per accident

This is often written as 25/50/25.

• Bodily Injury Liability: Medical expenses, lost wages, and pain/suffering for others injured in an accident you caused.
• Property Damage Liability: Repairs or replacement for other people’s vehicles or property (like fences, buildings, etc.) damaged in a crash you caused.

🚫 It does not cover your own injuries or vehicle damage — for that, you'd need additional coverage like collision or medical payments.

Driving without proof of liability insurance can result in:

• Fines: Up to $500
• Driver’s license suspension: Until proof of insurance is shown
• Vehicle registration suspension
• Reinstatement fees

While the 25/50/25 limits are legal, they are often not enough in serious accidents. Many experts recommend higher limits, such as:

• $100,000 / $300,000 / $100,000
• Or an umbrella policy for added protection

This helps protect your personal assets if you're sued after a serious crash.

• Uninsured/Underinsured Motorist (UM/UIM)
• Medical Payments (MedPay)
• Collision (for damage to your vehicle)
• Comprehensive (for non-collision damage: theft, hail, etc.)
• Rental reimbursement, roadside assistance, etc.

A minor's settlement in a personal injury case in Mississippi involves special legal procedures designed to protect the interests of a child who is receiving money from a settlement due to injury.

Mississippi law requires court approval for any settlement involving a minor, even if it's agreed upon privately.

In Mississippi, court approval is required for any personal injury settlement involving a minor, regardless of the amount (though practical requirements may differ slightly based on the value).

• Governed by Mississippi Code and relevant case law.
• The Chancery Court (not Circuit Court) typically handles these matters.

Petition to the Chancery Court

• A parent, guardian, or conservator (usually through their attorney) files a petition to approve the settlement.
• The petition must include:
  • The facts of the case
  • Details of the injury
  • The amount of the settlement
  • Proposed disbursement (e.g., attorney’s fees, medical bills, structured payments)

Appointment of a Guardian ad Litem (GAL)

• The court may appoint a GAL to independently evaluate whether the settlement is in the best interest of the child.
• The GAL submits a written report.

Hearing

• The Chancery Court holds a hearing.
• Testimony may be required from the parent/guardian, attorney, or GAL.

Court Approval

• If the court finds the settlement is fair and in the child’s best interest, it will issue an order approving it.

Mississippi courts strictly control how a minor’s funds are handled:

• Small Settlements (<$10,000 or $25,000): Courts may allow parents/guardians to hold funds directly.

• Larger Settlements (>$10,000 or $25,000):
  
  • Funds are usually:
    • Placed into a restricted bank account (no withdrawals without court order), or
    • Used to purchase a structured annuity, or
    • Deposited into a court-supervised trust account
  • Access is generally restricted until the minor turns 21.

• The court must also approve attorney’s fees and costs.
• Mississippi courts will ensure fees are reasonable and not excessive, especially given the minor's vulnerability.

• Ensures the child’s settlement is fair and protected.
• Prevents misuse of the funds by adults.
• Helps avoid future legal challenges or reversals of the settlement.

Health Insurance Liens / Subrogation

• If your private health insurance paid for treatment, they may seek reimbursement (called subrogation) from your settlement.
• Governed by contractual provisions in your policy and federal law (if ERISA applies).

Medicaid Liens

• Medicaid has an automatic lien by law on injury-related settlements.
• Governed by federal law  and Mississippi Medicaid regulations.
• Medicaid must be notified of any settlement, and they will provide a final lien amount.

Medicare Liens

• Medicare also has a statutory right of recovery.
• The Centers for Medicare & Medicaid Services (CMS) must be notified of a claim.
• Failure to resolve Medicare liens can result in penalties and personal liability for attorneys or plaintiffs.

Workers’ Compensation Liens

• If your injury also involved workers’ compensation benefits, the workers' comp insurer may have a statutory lien against your third-party recovery.

• Right to Challenge or Reduce: You or your attorney may negotiate or challenge the lien amount, especially if:
  
  • The settlement is small relative to medical bills,
  • The treatment was not related to the injury,
  • The charges are excessive or unreasonable.

• Attorneys are ethically and legally required to satisfy valid liens from settlement proceeds.
• If they ignore a lien, they and the client could be held liable.

• Identify all potential liens early.
• Negotiate reductions where possible—especially with Medicaid or providers.
• Get final lien letters in writing before disbursing funds.

In a personal injury case in Mississippi, liens can significantly affect the final amount a plaintiff actually receives after a settlement or verdict. A lien is a legal claim against part of your settlement by a third party who helped pay for your treatment or has a financial interest in your case.

If you have been injured, don't wait to get the legal help you need. Contact us today for a free consultation. We are available 24/7 to help you.