x ray of a broken clavicle

What are my Rights After Being Injured by an Uninsured Motorist?

By Charles Smith
x-ray of a broken clavicle bone
Photo by Harlie Raethel

What’s worse than getting into an accident? Finding out the other driver is uninsured. Unfortunately, this is an all too common occurrence in Mississippi, which has the highest rate of uninsured motorists in the country. 

Although it makes things a bit more complicated, you can still seek compensation for your injuries following an accident with an uninsured driver. Chatham Gilder Howell Pittman’s experienced team of attorneys regularly helps clients in Shelby County, Tennessee, and Desoto and Tate counties in Mississippi get the money they need to treat their injuries by suing the other driver or filing claims against their own insurance policy. 

Doesn’t everyone need insurance?

Every state in the country, including Mississippi requires drivers to purchase automobile insurance, with the exception of New Hampshire. In Mississippi, car owners must theoretically show proof of insurance before the state will let them get behind the wheel. 

If everyone were following the law, every driver on the road would carry at least:

  • $25,000 in liability coverage for bodily injury or death of one person
  • $50,000 in liability coverage for total bodily injury or death
  • $25,000 in liability coverage for property damage per accident

But not everyone does. Some people cruise around without a license in order to avoid buying insurance. Others drive a car registered by someone else. Many people buy insurance but fail to renew it. 

What options are available if the other driver is uninsured? 

Although every case is different, and you should reach out to our team to discuss your specific situation, you generally have two options if you are injured in an accident with an uninsured driver. 

First, you can sue the other driver. Unfortunately, most uninsured drivers do not have substantial assets, so suing them for compensation is often a waste of time. 

Second, if you carry uninsured/underinsured motorist coverage (UM/UIM) on your auto liability insurance policy you can file a claim with your insurance company.

Making a UM claim should be straightforward, but insurance companies don’t make a profit by willingly opening their pocketbooks each time a policyholder calls. They often try to drag things out by insisting on an overly burdensome accident investigation or nitpicking your medical records. You need a strong advocate in your corner to hold their feet to the fire and make them pay you what you deserve.

That’s where we come in. Chatham Gilder Howell Pittman has decades of experience getting insurance companies to come to the negotiating table and cut a fair deal. When that fails, we don’t hesitate to take them to court to hold them to the contract they offered our clients. 

The Lawyers That Listen

Chatham Gilder Howell Pittman can help figure out what your options are if you have been injured by an uninsured driver. 

During our decades in practice, we have recovered millions of dollars for our clients in Shelby County, Tennessee, and Desoto and Tate counties in Mississippi. Please contact us today to schedule an initial meeting.

About the Author
Charles Nicholas Smith is a Partner at Chatham Gilder Howell Pittman and is admitted to practice law in state courts in Mississippi and Tennessee. He is admitted to practice in the U.S. District Court Northern District of Mississippi. Mr. Smith’s areas of practice include personal injury, criminal defense, and civil litigation, including contract disputes and actions under the Fair Debt Collections Act and Fair Credit Reporting Act. Mr. Smith was hired in 2010 at the Chatham Pittman Law Firm and is now a partner at Chatham Gilder Howell Pittman. If you have any questions about this article, you can contact Mr. Smith through our contact form.