Legal Question in Traffic Law in Mississippi
wreck
If I was involved in a traffic accident that totaled my car, BUT was the other partys fault, and there were witnesses that stated it was the other drivers fault, and he admitted it was also, what will happen to me in the case that I have no insurance coverage? Will I just be liable for a fine for being w/o insurance, and will the other party's insurance give me the value of my totaled vehicle?
1 Answer from Attorneys
Re: wreck
You are entitled to recovery of all damages that a reasonable person would believe to be reasonably foreseeable. The recovery on your car is limited to the fair market value the moment before the collision less any remaining value after the collision. You definitely need to get written statements from the witnesses.
As to the insurance question, an accident report is required. It triggers events which could result in suspension of your license unless you persuade the licensing department that there is not a reasonable probability of a judgment being rendered against you in a lawsuit arising out of the accident. If you are unsuccessful in persuading the Department, you can avoid suspension by posting security the Department believes would be sufficient to cover your liability for the other person's damages. See Miss. Code Section 63-15-11.
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