Court throws out $125K UM claim filed six years after crash

His doctor said surgery in 2018. He told his insurer in 2024
Court throws out $125K UM claim filed six years after crash
RISK, COMPLIANCE & LEGAL
By Regielyn Santiago
Oct 28, 2026

What happened: Mississippi appeals court throws out a UM claim filed years after the policyholder knew surgery was likely 

Who’s involved: Mississippi Farm Bureau Casualty Insurance Company and a policyholder 

What’s at stake: Up to $125,000 in uninsured-motorist benefits 

Why it matters: Delaying treatment does not delay the statute of limitations on a UM claim 

Where it stands: Affirmed on appeal, October 27, 2026 

 

He knew in 2018 that knee surgery was probably in his future. He did not tell his own insurer until 2024. 

A Mississippi appeals court has thrown out a policyholder’s uninsured-motorist claim against Mississippi Farm Bureau Casualty Insurance Company, ruling he filed it years too late. 

The case goes back to an April 2018 car accident in Flowood, Mississippi. One vehicle struck another, which then rear-ended the policyholder’s car. An MRI two weeks later revealed a complex medial meniscus tear. His orthopedic surgeon discussed both surgical and non-surgical options at the first appointment and later testified he would have operated in 2018 had the patient chosen it. 

The policyholder went with conservative treatment instead - medication, physical therapy and injections. He filed a negligence suit against the other drivers in October 2019 but made no move to involve his own insurer. In June 2021, discovery responses showed the at-fault driver carried only $50,000 in liability coverage. The policyholder’s own UM policy with Farm Bureau covered up to $125,000 across five vehicles. 

Still, he did nothing

The injections eventually stopped working. Surgery went ahead in May 2023. Pre-surgery bills totaled $1,695.75. After the operation, costs exceeded $15,000. It took another full year before the policyholder moved to add Farm Bureau to his lawsuit. 

His lawyer filed a motion to amend on June 6, 2024 - just before the three-year deadline. But the court did not rule on that motion until August 22, and under Mississippi law, filing the motion does not stop the clock. Only the actual amended complaint counts, and that was not filed until September 2024. Too late. 

The policyholder also argued the amendment should relate back to his original October 2019 filing date. The appeals court said no. The original lawsuit targeted the other driver for negligence. The UM claim - a separate contract claim against his own insurer - did not exist until he learned the coverage limits in 2021, so it could not piggyback on the earlier filing. 

For claims teams monitoring UM exposure in Mississippi, the takeaway is direct: the limitations clock starts when the policyholder knows enough to file, not when they finally get around to 

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