Uninsured/Underinsured Motorist Complaint - Mississippi

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Claim — Breach of Contract (UM/UIM Benefits)
8. Second Claim — Bad Faith Denial of Benefits
9. Damages
10. Jury Demand
11. Prayer for Relief

Caption

IN THE CIRCUIT COURT OF [COUNTY NAME] COUNTY, MISSISSIPPI

Parties

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is an individual residing at [PLAINTIFF ADDRESS], [CITY], [COUNTY] County, Mississippi [ZIP CODE], and is an insured under the automobile insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME] ("Defendant Insurer"), is an insurance company authorized to transact business in the State of Mississippi, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this matter pursuant to Miss. Const. Art. 6, § 156 and Miss. Code Ann. § 9-7-81.

5. Venue is proper in [COUNTY] County under Miss. Code Ann. § 11-11-3 because [an individual Defendant resides here / a corporate Defendant has its principal place of business here / a substantial alleged act or omission occurred here / a substantial event causing injury occurred here / no subsection (1)(a) route exists against a nonresident Defendant and Plaintiff resides or is domiciled here].

6. The amount in controversy exceeds $[AMOUNT].

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY/ROUTE], in or near [CITY], [COUNTY] County, Mississippi.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, proximately causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist was negligent in one or more of the following respects:

☐ Operating at an excessive or unreasonable speed (Miss. Code Ann. § 63-3-505)
☐ Failure to yield the right of way (Miss. Code Ann. § 63-3-803)
☐ Following too closely (Miss. Code Ann. § 63-3-619)
☐ Driving under the influence (Miss. Code Ann. § 63-11-30)
☐ Failure to obey a traffic control device (Miss. Code Ann. § 63-3-313)
☐ Improper lane change (Miss. Code Ann. § 63-3-603)
☐ Texting while driving (Miss. Code Ann. § 63-33-1)
☐ Other: [________________________________]

10. As a direct and proximate result of the above-described negligence, Plaintiff sustained serious bodily injuries and damages.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy includes uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. The Policy includes uninsured motorist property damage coverage with limits of $[UM PD LIMIT] per accident.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff [☐ accepted UM coverage / ☐ did not execute a valid written rejection of UM coverage].

Stacking Provisions

16. ☐ Multiple policies may apply to this claim.

☐ Plaintiff claims stacking of UM coverages across multiple policies
☐ Anti-stacking endorsement applies
☐ Stacking is not at issue in this claim

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

17. The at-fault motorist was uninsured at the time of the accident in that [☐ no bodily injury liability policy was in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer denied coverage or is insolvent].

☐ Underinsured Motorist (UIM) Claim:

18. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than Plaintiff's UM coverage limits and/or Plaintiff's total damages.

19. Plaintiff has exhausted the at-fault motorist's bodily injury liability limits and received $[AMOUNT RECOVERED FROM TORTFEASOR] in [☐ settlement / ☐ judgment].

20. Defendant Insurer was provided with timely written notice and the opportunity to consent to the settlement with the tortfeasor's insurer.

No Mandatory Arbitration

21. Pursuant to Miss. Code Ann. § 83-11-109, mandatory arbitration provisions are prohibited in uninsured motorist policies issued in Mississippi. Plaintiff is entitled to a jury trial on all disputed issues.

First Claim

Breach of Contract (UM/UIM Benefits)

22. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 21.

23. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

24. Plaintiff has performed all obligations and satisfied all conditions precedent required under the Policy.

25. Defendant Insurer has breached the Policy by failing and refusing to pay UM benefits owed to Plaintiff despite proper and timely demand.

26. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial.

Second Claim

Bad Faith Denial of Benefits

27. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 26.

28. Under Mississippi law, an insurer owes its insured a duty of good faith and fair dealing in the processing and payment of first-party claims.

29. Defendant Insurer breached its duty of good faith and fair dealing by engaging in one or more of the following acts:

☐ Denying the claim without a legitimate or arguable reason
☐ Unreasonably delaying investigation and/or processing of the claim
☐ Failing to make prompt payment of the undisputed portion of the claim
☐ Misrepresenting policy provisions to the insured
☐ Failing to conduct a reasonable investigation before denying the claim
☐ Other: [________________________________]

30. Defendant Insurer's conduct was willful, malicious, or in gross and reckless disregard of Plaintiff's rights, entitling Plaintiff to compensatory and punitive damages.

Damages

31. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Mental anguish and emotional distress: $[AMOUNT]
☐ Physical disability and disfigurement: $[AMOUNT]
☐ Loss of enjoyment of life: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Property damage: $[AMOUNT]
☐ Compensatory damages for bad faith
☐ Punitive damages for bad faith
☐ Prejudgment interest
☐ Attorney's fees (if authorized)
☐ Costs of suit

Jury Demand

Plaintiff hereby demands a trial by jury on all issues so triable.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. Compensatory damages in an amount to be determined at trial;
2. UM benefits in the full amount owed under the Policy;
3. Compensatory and punitive damages for bad faith;
4. Prejudgment interest;
5. Costs of this action; and
6. Such other and further relief as this Court deems just and equitable.

Respectfully submitted,

[ATTORNEY NAME], Mississippi Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Mississippi [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Mississippi

Sources and References

• Miss. Code Ann. § 83-11-101 — Justia (2024)
• Mississippi UM Law Primer — Holcomb Law Group
• Mississippi Insurance Law Part 9 — Holcomb Dunbar
• Mississippi UM/UIM Overview — Holcomb Dunbar