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Mississippi Complaint regarding Auto Accident (Guest passenger vs both drivers)

State:
Multi-State
Control #:
US-PI-0304
Format:
Word; 
Rich Text
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This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the negligence of both drivers caused plaintiff's injuries.

A Mississippi Complaint regarding an Auto Accident involving a guest passenger and both drivers is a legal document filed by the guest passenger to seek compensation for injuries and damages sustained due to the accident. This complaint identifies the parties involved, details the events leading to the accident, and outlines the legal claims being made. It is important to use specific keywords and phrases when drafting such a complaint to ensure relevancy and compliance with Mississippi laws and regulations. Key elements to include in a Mississippi Complaint regarding Auto Accident (Guest passenger vs both drivers) are: 1. Parties involved: Clearly identify the plaintiff (guest passenger) and defendants (both drivers) in the complaint. Include their full names, addresses, and contact information to establish their legal identities. 2. Jurisdiction: Specify the court in Mississippi where the complaint is being filed, as well as the date and case number assigned by the court. 3. Statement of facts: Provide a detailed and chronological account of the accident. Describe the circumstances leading up to the collision, the actions or negligence of each driver involved, and how the guest passenger was injured or affected as a result. 4. Injuries and damages: List all injuries, physical and emotional, sustained by the guest passenger as a direct result of the accident. Mention any medical treatment received, ongoing therapy or rehabilitation, and any future medical needs that may arise. 5. Negligence claims: Assert the legal claims against both drivers for their negligence or recklessness that caused the accident. Keywords such as "breach of duty," "failure to exercise reasonable care," or "failure to obey traffic laws" can be used to describe the alleged negligence. 6. Comparative fault: In cases where the guest passenger may have contributed to the accident or their own injuries, acknowledge the potential for comparative fault. Specify the percentage of fault assigned to each defendant, as it relates to the guest passenger's claims. 7. Damages sought: State the specific compensatory damages being sought, which may include medical expenses, lost wages, pain and suffering, emotional distress, property damages, and any other related costs incurred or to be anticipated. Additional types of Mississippi Complaints regarding Auto Accident (Guest passenger vs both drivers) may include: 1. Wrongful death claim: If the accident resulted in the death of the guest passenger, a wrongful death claim can be filed by their legal representative or family members seeking compensation for the loss of their loved one. 2. Dram shop claim: If the accident involved a driver who was intoxicated or under the influence of alcohol, a dram shop claim can be filed against the establishment that served the alcohol to the driver, seeking compensation for damages caused by the driver's impaired condition. 3. Uninsured/under insured motorist claim: If one or both drivers involved in the accident are uninsured or under insured, the guest passenger may file a claim with their own insurance provider seeking compensation for their injuries and damages. Remember, it is essential to consult with an attorney to ensure the accuracy and completeness of the complaint, as well as to understand the specific statutes and guidelines relevant to Mississippi auto accident claims.

A Mississippi Complaint regarding an Auto Accident involving a guest passenger and both drivers is a legal document filed by the guest passenger to seek compensation for injuries and damages sustained due to the accident. This complaint identifies the parties involved, details the events leading to the accident, and outlines the legal claims being made. It is important to use specific keywords and phrases when drafting such a complaint to ensure relevancy and compliance with Mississippi laws and regulations. Key elements to include in a Mississippi Complaint regarding Auto Accident (Guest passenger vs both drivers) are: 1. Parties involved: Clearly identify the plaintiff (guest passenger) and defendants (both drivers) in the complaint. Include their full names, addresses, and contact information to establish their legal identities. 2. Jurisdiction: Specify the court in Mississippi where the complaint is being filed, as well as the date and case number assigned by the court. 3. Statement of facts: Provide a detailed and chronological account of the accident. Describe the circumstances leading up to the collision, the actions or negligence of each driver involved, and how the guest passenger was injured or affected as a result. 4. Injuries and damages: List all injuries, physical and emotional, sustained by the guest passenger as a direct result of the accident. Mention any medical treatment received, ongoing therapy or rehabilitation, and any future medical needs that may arise. 5. Negligence claims: Assert the legal claims against both drivers for their negligence or recklessness that caused the accident. Keywords such as "breach of duty," "failure to exercise reasonable care," or "failure to obey traffic laws" can be used to describe the alleged negligence. 6. Comparative fault: In cases where the guest passenger may have contributed to the accident or their own injuries, acknowledge the potential for comparative fault. Specify the percentage of fault assigned to each defendant, as it relates to the guest passenger's claims. 7. Damages sought: State the specific compensatory damages being sought, which may include medical expenses, lost wages, pain and suffering, emotional distress, property damages, and any other related costs incurred or to be anticipated. Additional types of Mississippi Complaints regarding Auto Accident (Guest passenger vs both drivers) may include: 1. Wrongful death claim: If the accident resulted in the death of the guest passenger, a wrongful death claim can be filed by their legal representative or family members seeking compensation for the loss of their loved one. 2. Dram shop claim: If the accident involved a driver who was intoxicated or under the influence of alcohol, a dram shop claim can be filed against the establishment that served the alcohol to the driver, seeking compensation for damages caused by the driver's impaired condition. 3. Uninsured/under insured motorist claim: If one or both drivers involved in the accident are uninsured or under insured, the guest passenger may file a claim with their own insurance provider seeking compensation for their injuries and damages. Remember, it is essential to consult with an attorney to ensure the accuracy and completeness of the complaint, as well as to understand the specific statutes and guidelines relevant to Mississippi auto accident claims.

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FAQ

With most minor car accidents, no police report is needed for insurance. Minor dust-ups may not warrant having a police officer respond to the scene. In that case, it's up to you to chronicle the details of the incident.

Auto insurance follows the car, not the person, so long as the person driving is allowed to do so.

Even in a cut-and-dry case where an insured driver is on the policy and at fault, it can be difficult to get the payout you're entitled to. When a driver is not listed on the insurance policy, the insurer may dispute liability (or fault) because the person involved isn't covered.

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.

If you gave the driver permission to drive, then your car insurance will cover the accident. But if you can prove they weren't given permission to drive or if they're specifically excluded from your policy, then your insurance won't cover them and they'll be liable for the damage they caused.

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.

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.

Comparative Negligence Many states, including Florida, follow a comparative liability law for shared-fault car accidents. In comparative liability states, drivers get assigned a certain share, or percentage, of the blame. They can then pursue the other driver or drivers based on their level of fault.

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Sep 3, 2021 — Mississippi follows a comparative negligence rule, meaning that two drivers may be both found to be partially liable for a crash. As a passenger ... This form is a sample personal injury complaint filed by the guest passenger in Vehicle 1 against driver of Vehicle 1 and driver of Vehicle 2, alleging the ...Dec 15, 2021 — Under certain circumstances, you may be able to file a claim against both of the drivers involved in the crash. You may also file your ... In Mississippi, a written accident report must be filed with the police within 10 days if someone is hurt or the property damage exceeds $250. Failure to file a ... Out-of-state car accidents raise 2 important questions: Where do you file a personal injury lawsuit? Where do you file an insurance claim? Where do you file a ... 1. Stay At the Scene and Exchange Information · 2. Call 911 and Help the Injured · 3. Seek Prompt Medical Treatment · 4. Gather Evidence From the Scene · 5. Notify ... Unless your injuries meet a certain threshold determined by the state, you may not file a complaint with the insurance of the other driver. Complete a Free Case ... Aug 17, 2022 — Our attorneys can help you understand your rights if you were hurt as a passenger in a Birmingham, AL car accident. Contact the Mississippi Insurance Department at www.mid.ms.gov or call 800 562 2957 if you have problems settling the claim with your insurance company. person in a building, skater, personal conveyance, etc.) Occupant of a non-motor vehicle transportation device. Unknown. Apparently normal. Asleep or fatigued.

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Mississippi Complaint regarding Auto Accident (Guest passenger vs both drivers)