# Mississippi car accident law: deadlines, fault and your claim

> Mississippi car accident claims: the 3-year lawsuit deadline, pure comparative fault, Tort Claims Act notices, the damages cap and crash reports.

Canonical page: https://accidentclaimfacts.com/location/mississippi/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Mississippi you generally have 3 years from the crash to file a lawsuit for injuries or vehicle damage, and wrongful death claims also have 3 years. Mississippi uses pure comparative fault: your damages are cut by your share of fault, but no percentage of fault shuts you out. Claims against a city, county or state agency follow the Mississippi Tort Claims Act, which needs a notice of claim at least 90 days before suing and a lawsuit within 1 year.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury lawsuit deadline | 3 years | Miss. Code Ann. § 15-1-49(1) |
| Vehicle damage deadline | 3 years | Same general limit as injuries |
| Wrongful death deadline | 3 years | Miss. Code Ann. § 11-7-13; § 15-1-49(1) |
| Fault rule | Pure comparative fault | Damages reduced, never barred |
| Notice to a government body | At least 90 days before suing | Lawsuit within 1 year |
| Minimum liability insurance | $25,000 per person, $50,000 per crash, $25,000 property | |
| Fault or no-fault | At-fault | PIP: Not required |
| Traffic deaths, 2024 | 753 people | 25.6 per 100,000 people |
| Lawyer referral | None listed by The Mississippi Bar | Online member directory instead |

## Filing deadlines in Mississippi

Mississippi's general statute of limitations for injury and property claims is 3 years, and it covers most car-crash lawsuits. The clock usually starts on the day of the crash.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 3 years | Miss. Code Ann. § 15-1-49(1) |
| Damage to your vehicle or other property | 3 years | Miss. Code Ann. § 15-1-49(1) |
| Wrongful death | 3 years | Miss. Code Ann. § 11-7-13; § 15-1-49(1) |
| Claim against a government body | Notice of claim at least 90 days before suing; lawsuit within 1 year | Miss. Code Ann. § 11-46-11 |

For an injured child, the time limit starts only after the disability of infancy is removed. In other words, the time while the person is a minor is not counted, a form of tolling. Mississippi's general definition of a minor is anyone under 21 years of age. The Tort Claims Act has its own, similar rule for minors.

Claims against the state, a county, a city or another public body work differently. You must first file a written notice of claim with the government body's chief executive officer, at least 90 days before you file suit. For a county, the notice is served on the chancery clerk; for a city, on the city clerk. The notice must be in writing and briefly state the facts: what happened, the extent of the injury, the time and place, the people involved, the damages you are asking for and where you live. A notice of claim filed within the one-year period pauses that deadline.

> **Warning:** Talking with an insurance company does not pause any of these deadlines. If a claim is still open as the deadline approaches, a lawsuit may need to be filed to protect it.

## How fault is shared in Mississippi

Mississippi's comparative negligence statute, Miss. Code Ann. § 11-7-15, says your own negligence does not bar a claim. Instead, the damages are reduced in proportion to the share of negligence that belongs to you. In states with a modified rule, a share of 50% or 51% ends the claim; in Mississippi it only lowers the amount.

> **Example:** A jury finds you 70% at fault for a crash at a four-way stop and the other driver 30% at fault. Your proven damages are reduced by 70%, and you can still recover the other 30% from the other driver. The other driver can also claim against you for 70% of their own damages.

Because both drivers can recover, each percentage point changes both claims. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=ms&fault=20#fault) to see how Mississippi compares with other states.

## Insurance in Mississippi

Mississippi is an at-fault state: the driver who caused the crash, through their liability insurer, pays for the losses. Drivers must carry at least $25,000 per person and $50,000 per crash for injuries, plus $25,000 for property damage. Mississippi does not require personal injury protection.

The Mississippi Insurance Department lists the other common coverages as optional:

- **Uninsured and underinsured motorist coverage:** Optional. It pays when the at-fault driver has no insurance or too little.
- **Medical payments coverage:** Optional. It pays some medical bills whoever caused the crash.

Uninsured drivers are a real risk here. The Insurance Information Institute estimates that 28.2% of Mississippi drivers were uninsured in 2023, compared with 15.4% nationally. That is more than one driver in four, which makes uninsured motorist coverage worth checking. Our guide to [crashes with uninsured drivers](https://accidentclaimfacts.com/accidents/uninsured-driver-accidents/) explains how those claims work.

Questions or complaints about an insurer go to the Mississippi Insurance Department: 1-800-562-2957 (Consumer Help Line); 601-359-2453.

## After a crash in Mississippi

If a crash injures or kills someone, or causes apparent property damage of $500 or more, the driver must give notice right away to the city police, or outside a city to the nearest sheriff's office or Highway Patrol station. An officer who investigates must forward a written report within 6 days after finishing the investigation.

To get the report, buy the Mississippi Uniform Crash Report online through the Department of Public Safety's crash report portal on ms.gov. State law limits who can get it: people involved in the crash, their next of kin or estate, their legal representatives and their insurers. After you buy it, the report is emailed to you and stays available for only 24 hours, so save a copy right away. Our guide to [police reports](https://accidentclaimfacts.com/claim-process/police-report/) explains what the report shows and how to correct mistakes.

## Special rules in Mississippi

Mississippi caps noneconomic damages, such as pain and suffering, at $1,000,000 in civil cases other than medical malpractice, which includes ordinary car-crash cases filed since September 2004. In practice, the jury is not told about the cap and the judge reduces any award above it. The cap covers noneconomic damages only, not economic losses such as medical bills and lost wages. Our guide to [pain and suffering](https://accidentclaimfacts.com/money/pain-and-suffering/) explains how these damages are proven.

Government claims have their own limits. Under the Tort Claims Act, a public body pays at most $500,000 for all claims from one occurrence, and punitive damages are not allowed.

Seat belts are treated differently than in some states. Under Mississippi's seat belt law, failing to wear one is not considered contributory or comparative negligence, so it does not count as a share of fault under that law.

## Crashes on Mississippi roads

The Insurance Institute for Highway Safety counted 753 crash deaths in Mississippi in 2024. That is 25.6 per 100,000 people, against 11.5 per 100,000 people for the United States as a whole.

| Measure, 2024 | Mississippi |
|---|---|
| Crash deaths | 753 |
| Deaths per 100,000 people | 25.6 (US: 11.5) |
| Share of deaths on rural roads | 67% |
| Share of deaths that were speeding-related | 17% |

## Finding a lawyer in Mississippi

The Mississippi Bar's website does not list a lawyer referral service. Its Consumer Assistance Program, reachable at (601) 948-2344, helps people with problems involving a Mississippi lawyer but cannot recommend or refer anyone to a specific attorney. To find or check a lawyer, use the Bar's [Find a Lawyer directory](https://msbar.reliaguide.com/home), which you can search by practice area, keyword or name. The Bar's main number is 601-948-4471.

Our guide on [how to check a lawyer's license](https://accidentclaimfacts.com/choosing-a-lawyer/check-a-lawyers-license/) lists what to look for, and the [claim process guide](https://accidentclaimfacts.com/claim-process/) explains each step from the first call to settlement.

## FAQ

### What is the statute of limitations for a car accident in Mississippi?

Generally 3 years from the crash for injuries and vehicle damage, and 3 years for wrongful death. Claims against a government body need a notice of claim at least 90 days before suing, and the lawsuit itself must come within 1 year.

### Is Mississippi a no-fault state?

No. Mississippi is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Personal injury protection is not required, so your own policy pays medical bills only if you bought optional coverage such as medical payments.

### Can I recover damages if I was partly at fault in Mississippi?

Yes. Mississippi uses pure comparative fault, so your damages are reduced by your share of fault but never barred. Even at 70% fault you could recover 30% of your proven damages.

### Does Mississippi cap pain and suffering damages?

Yes. Noneconomic damages are capped at $1,000,000 in civil cases other than medical malpractice. The jury is not told about the cap; the judge reduces an award that goes over it. Claims against government bodies are limited to $500,000 per occurrence.

### How do I get a crash report in Mississippi?

Buy the Mississippi Uniform Crash Report online through the Department of Public Safety's crash report portal on ms.gov. Only people involved in the crash, their families or estate, their legal representatives and their insurers can get it, and the download link lasts 24 hours.

### Does not wearing a seat belt reduce my claim in Mississippi?

Under the seat belt law, failing to wear one is not considered contributory or comparative negligence. A licensed Mississippi attorney can explain how this applies to the facts of a specific crash.

## Sources

- [Mississippi Insurance Department, Auto insurance](https://www.mid.ms.gov/mississippi-insurance-department/consumers/auto-insurance/) — required and optional coverages
- [Mississippi Department of Public Safety, Crash reports](https://www.dps.ms.gov/crash-reports) — buying a crash report
- [The Mississippi Bar, How to select a lawyer](https://msbar.org/for-the-public/how-to-select-a-lawyer/) — the member directory
- [IIHS, Fatality Facts: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state) — crash deaths by state
- [Mississippi Legislature, Miss. Code Ann. § 15-1-49 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-15/chapter-1/section-15-1-49/), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 11-7-13 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-11/chapter-7/in-general/section-11-7-13/), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 11-46-11 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-11/chapter-46/section-11-46-11/), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 15-1-59 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-15/chapter-1/section-15-1-59/), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 1-3-27 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-1/chapter-3/section-1-3-27/), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 11-7-15 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-11/chapter-7/in-general/section-11-7-15/), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 63-3-411 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-63/chapter-3/article-9/section-63-3-411/), checked October 29, 2026
- [Mississippi Department of Public Safety, Crash Reports disclaimer (ms.gov)](https://www.ms.gov/dps/crash_reports), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 11-1-60 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-11/chapter-1/section-11-1-60/), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 11-46-15 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-11/chapter-46/section-11-46-15/), checked October 29, 2026
- [Mississippi Legislature, Miss. Code Ann. § 63-2-3 (2025 Code via Justia)](https://law.justia.com/codes/mississippi/title-63/chapter-2/section-63-2-3/), checked October 29, 2026
- [The Mississippi Bar, Consumer Assistance Program](https://msbar.org/for-the-public/consumer-assistance-program/), checked October 29, 2026
- [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026
- [Mississippi Insurance Department, Home page](https://www.mid.ms.gov/), checked October 28, 2026