Mississippi car accident statute of limitations, including government crashes
Find out where you stand under the Mississippi car accident statute of limitations with a free call.
Most Mississippi crash claims get three years under section 15-1-49. The big exception is a crash with a city, county or state vehicle. Then the Tort Claims Act allows one year, with notice at least 90 days before suit. Mississippi also lets you recover even if you were mostly to blame.
The deadlines in Mississippi
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | Miss. Code § 15-1-49 |
| Car or property damage lawsuit | Three years | Miss. Code § 15-1-49 |
| Shared fault | Award reduced by your share; never fully barred | Miss. Code § 11-7-15 |
| Minimum liability cover | $25,000 / $50,000 / $25,000 | Mississippi Insurance Department |
| Claim against a government body | Sue within 1 year; notice 90 days before suit | Miss. Code § 11-46-11 |
The one-year trap for government vehicles in Mississippi
School buses, police cruisers and county trucks fall under the Mississippi Tort Claims Act. You must serve a written notice of claim on the right official at least 90 days before you sue. The suit itself must be filed within one year, under section 11-46-11.
Filing the notice inside that year pauses the clock for 95 days. Miss either step and the claim can fail, even with clear proof.
Pure comparative fault in Mississippi
Being partly to blame does not end your case here. Under section 11-7-15, the jury lowers your damages in proportion to your share of negligence. Someone found 70 percent at fault can still collect the other 30 percent.
That rule cuts both ways. The other driver can file a claim against you too, so careful early statements still matter.
Children and the money behind a Mississippi claim
When a minor is hurt, the three years wait until the disability of being underage is removed by law, under section 15-1-59.
Mississippi requires drivers to carry at least $25,000 per person, $50,000 per crash and $25,000 for property, according to the Mississippi Insurance Department. This is an at-fault state, so the careless driver’s insurer pays first.
Getting a Mississippi car accident lawyer on the case
If any public vehicle was involved, call right away, because the one-year limit is unforgiving. For other crashes, an attorney can still use the early months to collect records and press the insurer. The call costs nothing and the lawyer only gets paid if you win.
Other states: Louisiana, Alabama, Tennessee, Arkansas or every state on one page.
Mississippi car accident statute of limitations questions
How long do you have to sue after a car wreck in Mississippi?
Three years for most injury and car damage claims, under section 15-1-49.
What if a city or county vehicle hit me in Mississippi?
You have one year to sue and you must give written notice at least 90 days before filing.
Can I recover if I was mostly at fault in Mississippi?
Yes. Mississippi reduces your award by your share of fault but does not bar it.
Before the clock runs out
Mississippi lets you recover even when you share the blame, so a low offer built on fault arguments may be beatable. Call before you sign a release and a lawyer will check your date and offer free.
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