Bill Text: MS SB2736 | 2026 | Regular Session | Introduced

Mississippi Senate Bill 2736

Introduced

Bill Title: Compulsory motor vehicle liability security; limit civil recovery for failure to maintain.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-02-03 - Died In Committee [SB2736 Detail]

Download: Mississippi-2026-SB2736-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Judiciary, Division A

By: Senator(s) Younger

Senate Bill 2736

AN ACT TO PROVIDE A LIMITATION OF DAMAGES IN ANY CAUSE OR RIGHT OF ACTION ARISING OUT OF A MOTOR VEHICLE ACCIDENT, FOR SUCH INJURY OR DAMAGES OCCASIONED BY AN OWNER OR OPERATOR OF A MOTOR VEHICLE INVOLVED IN SUCH ACCIDENT WHO FAILS TO OWN OR MAINTAIN A COMPULSORY MOTOR VEHICLE LIABILITY SECURITY; TO DEFINE THE TERM "COMPULSORY MOTOR VEHICLE LIABILITY SECURITY"; TO PROVIDE CERTAIN EXCEPTIONS TO THE LIMITATION ON DAMAGES; TO CREATE AN AFFIRMATIVE DEFENSE FOR THE LIMITATION OF RECOVERY PROVISIONS FOR CERTAIN PERSONS; TO PROVIDE THAT NOTHING IN THIS ACT SHALL PRECLUDE PASSENGER'S CLAIM TO RECOVER DAMAGES FOR INJURY, DEATH OR LOSS; TO PROVIDE FOR THE RIGHTS OF INSURERS; TO LIMIT THE EFFECTS OF ISSUANCES, CHANGES OR ADJUSTMENTS OF LIABILITY SECURITY OR INSURANCE POLICY SUBSEQUENT TO MOTOR VEHICLE ACCIDENTS; TO PROVIDE THAT THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO ANY VEHICLE WHICH IS LEGALLY PARKED AT THE TIME OF THE ACCIDENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) (a) There shall be no recovery for the first Twenty-five Thousand Dollars ($25,000.00) of bodily injury and no recovery for the first Twenty-five Thousand Dollars ($25,000.00) of property damage based on any cause or right of action arising out of a motor vehicle accident, for such injury or damages occasioned by an owner or operator of a motor vehicle involved in such accident who fails to own or maintain a compulsory motor vehicle liability security required under Chapter 15, Title 63, Mississippi Code of 1972.

(b) For purposes of this section:

(i) The meaning of "bodily injury" and "property damage" is governed by the applicable motor vehicle liability policy or, in the event of security other than an insurance policy, the meaning of such terms is that which is commonly ascribed thereto.

(ii) "Compulsory motor vehicle liability security" means the security required under Chapter 15, Title 63, Mississippi Code of 1972. The term includes a "motor vehicle liability policy" as that term is defined in Section 63-15-43.

1. Is cited for a violation of Section 63-11-30 as a result of the accident and is subsequently convicted of or pleads nolo contendere to such offense;

2. Intentionally causes the accident;

3. Flees from the scene of the accident; or

4. At the time of the accident, is in furtherance of the commission of a felony offense under the law.

(ii) The limitation of recovery provisions of this subsection do not apply if at the time of the accident, the other vehicle is not being operated and the vehicle is not in violation of the provisions of Chapter 3, Title 63, Mississippi Code of 1972.

(2) Each person who is involved in an accident in which the other motor vehicle was not covered by compulsory motor vehicle liability security and who is found to be liable for damages to the owner or operator of the other motor vehicle may assert as an affirmative defense the limitation of recovery provisions of subsection (1) of this section.

(3) Nothing in this section shall preclude a passenger in a vehicle from asserting a claim to recover damages for injury, death, or loss which he occasioned, in whole or in part, by the negligence of another person arising out of the operation or use of a motor vehicle. This subsection shall not apply to a passenger who is also the owner of the uninsured motor vehicle involved in the accident.

(4) (a) Notwithstanding any provision of law to the contrary, no insurer shall lose any rights of subrogation for claims paid under the applicable insurance policy for the recovery of any sum in excess of the first Twenty-five Thousand Dollars ($25,000.00) of bodily injury and the first Twenty-five Thousand Dollars ($25,000.00) of property damages.

(b) In claims where no suit is filed, the claimant's insurer shall have all rights to recover any amount paid by the claimant's insurer on behalf of the insured for the recovery of any sum in excess of the first Twenty-five Thousand Dollars ($25,000.00) of bodily injury and the first Twenty-five Thousand Dollars ($25,000.00) of property damages.

(5) The provisions of this section shall not apply to any vehicle which is legally parked at the time of the accident.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.