This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Mississippi Complaint regarding Auto Accident (Guest Passenger vs Driver)
State:
Multi-State
Control #:
US-PI-0283
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Driver)?
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FAQ
In Mississippi, there is a three-year statute of limitations for car accident claims that begins on the date of the accident. When three years pass, you will likely have no options to pursue compensation from the other drivers and liable parties.
Pure comparative negligence: Mississippi follows a pure comparative negligence system. This means that even if you are 99 percent liable for the accident and the other driver is one percent liable, you can still recover damages.
When a rear-end collision occurs, there's a general presumption that the rear driver is at fault. This presumption is based on Mississippi Code § 63-3-313 which emphasizes the need for a vehicle to not follow another more closely than is reasonable.
Mississippi has a pure comparative negligence system. This means that you can still recover damages even if you are 99% at fault for your injuries. In a ?modified comparative fault" court system, used by the majority of states now, the plaintiff only recovers if they are found less than 50% or 51% at fault.
In the pure comparative negligence system, the plaintiff may recover damages minus his degree of fault. This means that if the plaintiff is awarded $100,000 in damages, but the is found at fault for 25% of his injury, the plaintiff could still receive 75% of the $100,000 award.
Car insurance generally follows the car instead of the driver, so the car owner's insurance will cover the crash, even if someone else is driving. On the other hand, if your car is taken without permission or the driver is not licensed, the driver is responsible.
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.
Comparative Negligence in Mississippi Mississippi follows a ?pure comparative negligence? law when determining liability for accidents. Under this rule, accident victims can seek compensation for their injuries and other losses even if they are as much as 99 percent at fault for the accident.