Mississippi Auto Insurance Requirements

Mississippi law requires all drivers to maintain minimum auto insurance coverage under the Mississippi Motor Vehicle Safety Responsibility Law (Mississippi Code § 63-15-1 et seq.).

Mississippi Minimum Auto Insurance Requirements

Liability Coverage: 25/50/25

Mississippi requires minimum liability coverage with split limits:

Written as: 25/50/25

What Liability Coverage Pays

Bodily Injury Liability:

• Medical expenses of injured parties
• Lost wages of injured parties
• Pain and suffering damages
• Funeral expenses if death occurs
• Legal defense costs (in addition to limits)

Property Damage Liability:

• Repair or replacement of other vehicles
• Damage to buildings, fences, or other property
• Loss of use of damaged property
• Legal defense costs (in addition to limits)

Exam Tip: Mississippi's 25/50/25 minimum is relatively low. A serious accident can easily exceed these limits, leaving the at-fault driver personally liable for the excess. Most insurance professionals recommend higher limits like 100/300/100 or 250/500/250.

Example: 25/50/25 in Action

Scenario: You cause an accident injuring three people:

• Person 1: $30,000 in medical bills
• Person 2: $25,000 in medical bills
• Person 3: $15,000 in medical bills
• Total: $70,000

Your Insurance Pays:

• Person 1: $25,000 (per person limit) → You owe $5,000
• Person 2: $25,000 (hits per-accident limit) → You owe $0
• Person 3: $0 (per-accident limit exhausted) → You owe $15,000
• Total out-of-pocket: $20,000

Proof of Insurance Requirements

Carry Proof at All Times

Mississippi law requires drivers to:

Acceptable Proof

Mississippi accepts:

• Insurance ID Card: Issued by insurer (paper or electronic)
• Certificate of Insurance: From insurer or agent
• Electronic Display: Photo of card or app on smartphone
• Policy Declaration Page: Shows coverage and dates

Electronic Proof

Mississippi allows electronic proof of insurance:

• Display on smartphone or tablet
• Law enforcement cannot search device beyond insurance display
• Must be readily accessible (not in locked apps)
• Must show clearly without zooming

Penalties for No Insurance

Initial Violation

Subsequent Violations

• Higher fines
• Longer license suspension
• Vehicle impoundment possible
• Court appearance required
• Potential jail time for repeated violations

Accident Without Insurance

If you cause an accident without insurance:

• Financially responsible for ALL damages
• License suspended until damages paid or settled
• SR-22 filing required for future insurance
• Civil lawsuits for damages
• Difficulty obtaining future insurance

Exam Tip: Know that Mississippi suspends your license AND registration if you drive without insurance. An SR-22 filing may be required to reinstate your license.

Mississippi Tort System (At-Fault)

How Mississippi's Tort System Works

Mississippi follows a tort (at-fault) system:

1. Fault Determination

   • At-fault driver is responsible for damages
   • Fault determined by police report, witnesses, evidence
   • Comparative fault rules apply

2. Claim Against At-Fault Driver

   • Injured party files claim with at-fault driver's insurer
   • At-fault driver's liability coverage pays damages
   • Injured party can sue at-fault driver if limits exceeded

3. Your Insurance Coverage

   • Your liability coverage pays if you're at-fault
   • Your collision coverage pays for your vehicle (optional)
   • Your medical payments coverage pays your medical bills (optional)

Comparative Negligence in Mississippi

Mississippi follows pure comparative negligence:

Rule: Damages reduced by your percentage of fault, even if you are more than 50% at fault.

Example:

• Total damages: $100,000
• You are 70% at fault
• Other driver is 30% at fault
• You recover: $30,000 (30% of $100,000)
• Other driver recovers: $70,000 (70% of $100,000)

Note: Mississippi is one of few states with "pure" comparative negligence. Most states bar recovery if you are 50% or 51%+ at fault. Mississippi allows recovery even if you are 99% at fault (you would recover 1% of damages).

Optional Auto Insurance Coverages

Uninsured Motorist (UM) Coverage

Not required but strongly recommended in Mississippi

What It Covers:

• Injuries caused by uninsured drivers
• Injuries caused by hit-and-run drivers
• Injuries caused by underinsured drivers (if underinsured coverage purchased)

Why It's Important:

• Approximately 20%+ of Mississippi drivers are uninsured
• Protects you if at-fault driver has no insurance
• Covers you, family members, and passengers

Rejection Required: If you decline UM coverage, insurer must obtain your written rejection.

Underinsured Motorist (UIM) Coverage

Pays when at-fault driver has insurance but limits are insufficient

Example:

• Your injuries: $100,000
• At-fault driver's liability limit: $25,000
• Your UIM coverage: $100,000
• At-fault driver's insurer pays: $25,000
• Your UIM coverage pays: $75,000 (up to your UIM limit minus other recovery)

Medical Payments (Med Pay) Coverage

Pays medical expenses regardless of fault

Collision Coverage

Pays for damage to YOUR vehicle from collision

• Covers collision with another vehicle, object, or rollover
• Subject to deductible (typically $500 - $1,000)
• Optional - required by lender if vehicle financed
• Pays actual cash value (not replacement cost)

Comprehensive Coverage

Pays for damage to YOUR vehicle from non-collision perils

Covered Perils:

• Theft and vandalism
• Fire and explosion
• Windstorm and hail
• Flood and hurricane damage
• Falling objects
• Animal collisions (hitting a deer)
• Glass breakage

Not Covered:

• Collision (covered under collision coverage)
• Mechanical breakdown (need warranty)
• Wear and tear

Mississippi SR-22 Requirements

What is an SR-22?

SR-22 - Certificate of financial responsibility filed by insurer with Mississippi Department of Public Safety proving you carry required insurance.

When SR-22 is Required

• DUI/DWI conviction
• Driving without insurance
• Multiple traffic violations
• At-fault accident without insurance
• License suspension for insurance-related reasons

SR-22 Requirements

SR-22 Lapses

If your SR-22 policy lapses or is cancelled:

• Insurer notifies Mississippi Department of Public Safety
• License suspended automatically
• Must file new SR-22 and pay reinstatement fees
• SR-22 period may restart

Exam Tip: An SR-22 is NOT insurance—it's proof that you carry the required insurance. The insurer files the SR-22 certificate with the state on your behalf.

Auto Insurance Rating Factors in Mississippi

Permitted Rating Factors

Mississippi insurers may use:

Prohibited Rating Factors

Mississippi prohibits discrimination based on:

• Race
• Religion
• National origin
• Gender (in some circumstances)
• Disability unrelated to driving risk

Exam Tip: Credit-based insurance scores are permitted in Mississippi if properly filed with the Mississippi Insurance Department. However, insurers must disclose their use and allow consumers to dispute inaccurate credit information.