No, Mississippi is not a no-fault state. Mississippi is an at-fault (or “tort”) state. That means the driver who causes an accident uses their insurance to pay for the other driver’s bills from the collision. Police and insurance companies use the available evidence to decide who is at fault for the accident. Then the at-fault driver’s insurance pays to cover the other driver’s damages. Depending on their coverage, they might have insurance for their own damages, too.
“Fault” can be shared by drivers – for example, one driver could be 20% responsible for an accident while the second driver is 80% responsible. Mississippi has pure comparative negligence laws. That means after an accident, you can collect damages proportionate to your fault in causing the crash. For example, if you're 99% at fault, you can get 1% from the other driver.
Why You Should Care That Mississippi is a Tort/Fault State
In tort states like Mississippi, medical coverage only pays out after fault has been determined. That means there are more legal hoops to jump through and a longer waiting period before fault is decided and a driver can get reimbursed. This type of system has other implications for drivers, too, including some that vary by state due to nuances in local car insurance laws.
Here’s what tort insurance means for Mississippi drivers:
- Tort insurance is typically cheaper than car insurance in no-fault states.
- Drivers can sue the at-fault party for almost any type of loss after their collision. This includes lost wages, emotional distress, and hospital bills that exceed the at-fault driver’s coverage.
- You can collect accident damages in proportion to your fault in the accident.
- Mississippi has a statute of limitations of 3 years after a car accident. That means you have 3 years from the time of the car accident to sue the at-fault driver, or vice versa.
Mississippi vs Other Tort/Fault States
|Average Annual Car Insurance Premium
|Statute of Limitations
|Rank Among Tort States (1 = cheapest)
WalletHub Answers is a free service that helps consumers access financial information. Information on WalletHub Answers is provided “as is” and should not be considered financial, legal or investment advice. WalletHub is not a financial advisor, law firm, “lawyer referral service,” or a substitute for a financial advisor, attorney, or law firm. You may want to hire a professional before making any decision. WalletHub does not endorse any particular contributors and cannot guarantee the quality or reliability of any information posted. The helpfulness of a financial advisor's answer is not indicative of future advisor performance.
WalletHub members have a wealth of knowledge to share, and we encourage everyone to do so while respecting our content guidelines
. Please keep in mind that editorial and user-generated content on this page is not reviewed or otherwise endorsed by any financial institution. In addition, it is not a financial institution’s responsibility to ensure all posts and questions are answered.