By Serdar Arslan, editor · Last reviewed · How we research
Mississippi caps noneconomic damages at $1,000,000 in most civil cases filed since September 1, 2004, though medical bills and lost income remain uncapped. Fault is shared under pure comparative negligence, so you can recover a reduced amount even if you were more to blame than the other driver.
Mississippi gives 3 years to sue for injuries, vehicle damage or wrongful death. Claims against a government entity are the exception: the Mississippi Tort Claims Act generally requires suit within 1 year, and a written notice of claim must be filed at least 90 days before you sue. Liability minimums of 25/50/25 have been in effect since January 1, 2006. Drivers must report crashes involving injury, death or $500 or more in apparent property damage right away, to city police inside a city or to the sheriff or Highway Patrol outside one. In 2024, 753 people died on Mississippi roads.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years from the date of the crash Source: Miss. Code Ann. § 15-1-49 |
|---|---|
| Property damage deadline | Generally 3 years for damage to your vehicle or other property Source: Miss. Code Ann. § 15-1-49 |
| Wrongful death deadline | Generally 3 years, counted from the date of death Source: Miss. Code Ann. § 15-1-49 |
| Claims against a government entity | Under the Mississippi Tort Claims Act, a lawsuit against a government entity generally must be filed within 1 year of the wrongful conduct, and you must file a written notice of claim at least 90 days before you sue. Filing the notice pauses the deadline for a limited time. Source: Miss. Code Ann. § 11-46-11 |
| Fault rule | Pure comparative fault: Your damages are reduced by your percentage of fault, even if you were more at fault than the other driver. Source: Miss. Code Ann. § 11-7-15 |
| Insurance system | At-fault (tort) |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage |
| Uninsured motorist coverage | Not required (usually offered; you may reject it in writing) |
| Damage caps | In most civil cases filed since September 1, 2004, noneconomic damages (such as pain and suffering) are capped at $1,000,000. Economic damages like medical bills and lost income are not capped. Claims against government entities have separate limits (Miss. Code Ann. § 11-1-60(2)(b)). |
| Reporting a crash | If a crash causes injury, death, or apparent property damage of $500 or more, the driver must report it right away by the quickest means available: to local police inside a city, or to the sheriff or nearest Highway Patrol station outside a city. Source: Miss. Code Ann. § 63-3-411 |
Getting your crash report in Mississippi
Crash reports can be purchased online through the Mississippi Department of Public Safety's crash report page (you may need the report number). For crashes handled by a city police department or sheriff, ask that agency directly. Official request page
Checking a Mississippi lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: The Mississippi Bar – Find a Lawyer
- Lawyer referral: The Mississippi Bar – Find a Lawyer directory
753 people died in motor vehicle crashes in Mississippi in 2024, according to IIHS analysis of NHTSA FARS data.
Frequently asked questions
›Is pain and suffering capped in Mississippi car accident cases?
Generally yes. In most civil cases filed since September 1, 2004, noneconomic damages are capped at $1,000,000 (Miss. Code Ann. § 11-1-60(2)(b)). Economic damages such as medical bills and lost income are not capped.
›If I was more at fault than the other driver, can I still recover?
Yes. Mississippi uses pure comparative fault, so your damages are reduced by your percentage of fault even if you were more at fault than the other driver (Miss. Code Ann. § 11-7-15).
›How long do I have to sue in Mississippi?
Generally 3 years from the date of the crash for injuries and vehicle damage (Miss. Code Ann. § 15-1-49). Wrongful death claims also generally have 3 years, counted from the date of death.
›What is the 90-day notice rule for government claims?
Under the Mississippi Tort Claims Act, you must file a written notice of claim at least 90 days before suing a government entity, and the lawsuit generally must be filed within 1 year of the wrongful conduct (Miss. Code Ann. § 11-46-11). Filing the notice pauses the deadline for a limited time.
›Which crashes have to be reported to police?
Any crash causing injury, death, or apparent property damage of $500 or more must be reported right away by the quickest means (Miss. Code Ann. § 63-3-411). Report to local police inside a city, or to the sheriff or nearest Highway Patrol station outside a city.
Sources
- Mississippi Insurance Department – Auto Insurance
- Mississippi Department of Public Safety – Crash Reports
- Miss. Code Ann. § 11-1-60 (Justia, 2020 version)
- Miss. Code Ann. § 15-1-49 (Justia, 2025)
- Miss. Code Ann. § 11-7-15 (Justia, 2025)
- Miss. Code Ann. § 11-46-11 (Justia, 2025)
- Miss. Code Ann. § 63-3-411 (Justia, 2025)
- The Mississippi Bar – Find a Lawyer directory
- IIHS – Fatality Facts 2024: State by state