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Hattiesburg Uninsured Driver Accident Lawyer: Your Own Insurance Company Is Now The Opposing Party And They Assigned Someone To Prove It
If you need a Hattiesburg uninsured driver accident lawyer, the driver who hit you made two bad decisions: getting behind the wheel without insurance and then hitting you. Now you are injured, your vehicle is damaged, and the person responsible has nothing to pay with. What most people in Hattiesburg do not understand until it is too late is that your own insurance company becomes the opposing party the moment you file an uninsured motorist claim. The same company that took your premium payments every month now has a financial incentive to pay you as little as possible. They are not your ally in this process. They are the defendant dressed in familiar clothing.

Hattiesburg roads carry a significant percentage of uninsured drivers. MS consistently ranks among the states with the highest rates of uninsured motorists on the road. Hardy Street, US-49, US-98, and the surrounding Forrest County network see wrecks involving uninsured drivers regularly. The MS Insurance Department at mid.ms.gov maintains information on required uninsured motorist coverage in this state, but the required minimums are not always adequate to cover serious injuries. Whether you have UM coverage, how much you have, and whether you accepted or rejected it in writing are the first three questions in every Hattiesburg uninsured driver case. The answers determine everything that follows.
Hattiesburg Uninsured Driver Accident Lawyer: Your Own Insurance Company Is Now The Opposing Party
When the at-fault driver has no insurance, your uninsured motorist coverage steps in as the primary source of recovery. Your insurer then has every incentive a standard liability insurer has: pay as little as possible and close the file. They will challenge the severity of your injuries. They will question whether the wreck caused your injuries or whether they pre-existed. They will apply the comparative fault statute under Miss. Code Ann. Section 11-7-15 even in a case where the other driver was entirely at fault, arguing that some portion of the fault belongs to you to reduce what they owe. They will make an early offer that sounds like they are helping you and is designed to close the file before you understand what your case is worth.
A Hattiesburg uninsured driver accident lawyer who has handled UM disputes in Forrest County Circuit Court knows every argument your insurer will make and knows how to counter each one. The adjuster assigned to your UM claim is not the friendly agent who sold you the policy. He is a claims professional whose performance is measured by how much money he saves the company. Treating him like a partner in your recovery is the single most expensive mistake injured people in Hattiesburg make after an uninsured driver wreck.
What Happens When The Uninsured Driver Is Identified Versus When He Is Not
If the uninsured driver is identified, you have two potential sources of recovery: his personal assets through a Forrest County Circuit Court judgment and your own UM coverage. A judgment against a driver with no insurance and no assets may be difficult to collect immediately, but a judgment exists and can be enforced against future earnings and assets. Your UM coverage is typically the more reliable immediate recovery source. If the uninsured driver is not identified because he fled the scene, you are in a hit and run situation and the UM analysis is the same but the liability proof requirements differ. A Hattiesburg uninsured driver accident lawyer navigates both scenarios and knows which path produces the best outcome for your specific situation.
For a complete overview of car wreck cases I handle in Hattiesburg, visit my Hattiesburg car wreck lawyer page. For statewide uninsured driver information, visit my Mississippi uninsured driver accident lawyer page.
Hattiesburg Uninsured Driver Accident Lawyer: What Your Case Is Worth And What Your UM Carrier Will Try To Pay
Past medical bills from Forrest General Hospital, Merit Health Wesley, emergency care, specialist treatment, surgery if required, physical therapy. Future medical costs if your injuries require ongoing care. Lost wages for every day you could not work. Lost future earning capacity if your injuries have permanently limited what you are able to do. Pain and suffering. Property damage to your vehicle. Your UM carrier will apply the same damages formula any liability insurer uses and will make the same arguments to reduce the number. The difference is that you are fighting your own insurance company using a policy you paid for, and they have the same legal obligation to deal with you in good faith that any insurer has under MS law. A bad faith refusal to pay fair UM value has consequences under MS law that a Hattiesburg uninsured driver accident lawyer can pursue.
Under Miss. Code Ann. Section 15-1-49, you have three years from the date of your wreck to file in Forrest County Circuit Court. Your UM policy may have its own shorter notice requirements. Missing the policy notice deadline can give your insurer grounds to deny coverage entirely. The Foster Fair Fee Guarantee means you always net more than I do. In writing before anything starts. Additional resources for injured people in MS are on my resources page.
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The TV Lawyer’s Secretary And The UM Claim She Cannot Evaluate
She notifies your UM carrier. The adjuster assigned to your claim calls her back. He tells her the liability is disputed and the injuries are within the standard soft tissue range. She has no independent basis to evaluate either assertion. She has not reviewed your medical records in detail. She has not retained an expert to assess the future medical picture. She accepts the offer because the formula on her screen says it is in range. You take the number because nobody told you your own insurance company was working against you from day one. The TV lawyer takes his percentage. He was at the Colorado ski condo when the UM adjuster made the offer. His secretary handled the negotiation. That is the standard operation and it costs injured people in Hattiesburg real money every year.
What Is Uninsured Motorist Coverage And Do I Have It In Hattiesburg?
Uninsured motorist coverage is a policy provision that steps in to pay your damages when the at-fault driver in a Hattiesburg wreck has no liability insurance. MS law requires insurers to offer UM coverage on most policies, but you may have rejected it in writing when you purchased or renewed your policy. Whether you accepted UM coverage and in what amount is the first question in every Hattiesburg uninsured driver case. Pull your declarations page before your first conversation with a Hattiesburg uninsured driver accident lawyer. If you cannot find it, your insurer is required to provide a copy.
Can My Own Insurance Company Deny My UM Claim After A Hattiesburg Wreck?
Yes, and they will attempt to do so or minimize the payout if they can find grounds. Common denial arguments include late notice, failure to cooperate, coverage exclusions, and disputed liability. An insurer who denies a valid UM claim in bad faith faces consequences under MS law including potential bad faith damages. A Hattiesburg uninsured driver accident lawyer who knows how to document your claim correctly from the first day of notice takes away most of the grounds your insurer would otherwise use to deny or reduce coverage.
What If The Uninsured Driver Who Hit Me In Hattiesburg Has No Assets Either?
Your primary recovery source is your own UM coverage. A judgment against a driver with no insurance and no assets is difficult to collect immediately but can be enforced against future earnings, tax refunds, and assets acquired later. In practical terms, your UM policy is the immediate recovery vehicle and the judgment against the driver is a long-term collection tool. A Hattiesburg uninsured driver accident lawyer evaluates both options and pursues whichever combination produces the best outcome given your specific facts and the driver’s financial situation.
How Long Do I Have To File A UM Claim After A Hattiesburg Wreck?
The MS statute of limitations under Miss. Code Ann. Section 15-1-49 gives you three years from the date of your wreck to file a lawsuit in Forrest County Circuit Court. But your UM policy likely has its own notice requirements that are shorter than three years. Failing to provide timely written notice to your UM carrier can give them grounds to deny coverage. The legal filing deadline and the policy notice deadline are two different clocks. A Hattiesburg uninsured driver accident lawyer identifies both deadlines on day one and makes sure neither one is missed.
Will My Insurance Rates Go Up If I File A UM Claim After A Hattiesburg Wreck?
MS law provides some protection against rate increases for UM claims where you were not at fault, but the specifics depend on your policy terms and your insurer’s practices. The concern about rates is real but should not prevent you from claiming the coverage you paid for. You purchased UM coverage specifically for the situation where an uninsured driver in Hattiesburg injures you. Failing to use it because of a rate concern is exactly the outcome your insurer prefers. A Hattiesburg uninsured driver accident lawyer can help you understand the rate implications before you decide how to proceed.
P.S. The company that took your premium payment every month assigned a claims professional to minimize what they pay you the day you filed the UM claim. He is working your file right now. Get the FREE book first and find out what your own insurance company is doing on the other side of your Hattiesburg case.
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