Clinton, MS asked in Car Accidents and Personal Injury for Mississippi

Q: I was involved in an accident on Dec.17, 2023 at a private residence. What are my options as the victim of negligence?

The policy holder of my insurance has the misguided belief that since the accident happened on private property, that the insurance companies would determine we are both at fault. But the incident report clearly states that she backed into the vehicle I was driving while leaving the residence and did not see me parked. I was wondering why I had not heard anything for their insurance company as the insurance company should have called to ask what happened which is standard procedure. I got a hospital the other day which prompted me to ask my policy holder about the incident. He had not contacted the insurance company of the driver or our insurance company. I contacted the driver husband which is the policy holder under their coverage, and he refused to contact his insurance company or provide me with his information.

2 Lawyer Answers
Lindsey S. Macon
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Answered
  • Personal Injury Lawyer
  • Atlanta, GA

A: This summary is unclear in many respects. However, most top personal injury law firms are only going to want your case is personal injuries occurred from the impact. Settling property damage claims is typically settled by each insurance company. My first impression is that the other driver was at fault from your account. If your insurance company has not been notified about this, you may have waited too long to report it, especially if your vehicle has already been repaired.

Because I am only licensed in Georgia and Florida, I cannot assist you. If money is an issue, look for a Legal Aid website in your area within Mississippi. Some larger population counties may also have a local Bar Association list that you can contact and talk with, and only pay a nominal charge. Try this link: https://www.mslegalservices.org/find-legal-help/directory

Tim Akpinar agrees with this answer

Tim Akpinar
Tim Akpinar
Answered
  • Personal Injury Lawyer
  • Little Neck, NY

A: That provision about private property does not sound right - most jurisdictions will apply ordinary vehicle & traffic law provisions, public or private property. Depending on the extent of damages, it could be something to handle in small claims court. A local attorney could provide more definitive guidance with additional details. Good luck

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