Question 1

Does Mississippi allow UM/UIM stacking?

Accepted Answer

Yes in most cases. The statute does not bar stacking, and the Mississippi Supreme Court has required stacking of UM limits for separate vehicles on a policy where separate premiums are charged, and requires an anti-stacking clause to say clearly that coverage shall not be stacked, according to Fifth Circuit opinions applying Mississippi law that we read only in part. The legislature allows a signed single-limit, non-stacking option only for policies covering four or more vehicles (Miss. Code 83-11-102).

Question 2

Is underinsured coverage separate in Mississippi?

Accepted Answer

No. It is built into UM. An insured vehicle counts as uninsured when its liability insurer provided bodily injury limits that are less than the limits applicable to you under your uninsured motorist coverage (83-11-103(c)(iii)).

Question 3

Can I reject UM coverage?

Accepted Answer

Yes, if any named insured rejects it in writing. A signed insurer form is binding on all insureds and creates a presumption of an informed, knowing rejection (83-11-101(1) and (4)).

Question 4

What are the minimum limits?

Accepted Answer

$25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage (Miss. Code 63-15-3(j)). UM must be offered at least at those limits and may be raised up to your liability limits.

Question 5

How long do I have to sue, and what if I was partly at fault?

Accepted Answer

Most actions must be commenced within 3 years after the cause of action accrues (15-1-49). Mississippi is a pure comparative fault state: damages are diminished in proportion to your negligence and your recovery is not barred (11-7-15). Noneconomic damages are capped at $1,000,000 in most civil actions filed after September 1, 2004 (11-1-60).

Mississippi UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Mississippi folds underinsured coverage into UM and has courts, not the statute, decide stacking

Mississippi UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Mississippi folds underinsured coverage into UM and has courts, not the statute, decide stacking

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