MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Insurance

By: Representatives Montgomery (74th), Chism, Creel, Ellington, Formby, Janus, Jennings, Ketchings, Lott, Mayo, Mitchell, Nicholson, Roberson, Robertson, Robinson (84th), Smith (35th), Wells-Smith

AN ACT TO CREATE THE "AUTOMOBILE LIABILITY INSURANCE PERSONAL RESPONSIBILITY ACT OF 2000"; TO PROVIDE THAT THOSE PERSONS WHO ARE CONVICTED OF CERTAIN OFFENSES OR WHO ARE UNABLE TO PRODUCE PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED BY LAW SHALL NOT RECOVER DAMAGES FOR NONECONOMIC LOSSES FROM INJURIES SUFFERED AS A RESULT OF THE OPERATION OR USE OF A MOTOR VEHICLE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) This act may be cited as the "Automobile Liability Insurance Personal Responsibility Act of 2000."

(2) Except as provided in subsection (4) of the section, in any action to recover damages arising out of the operation or use of a motor vehicle, a person shall not recover noneconomic losses including, but not limited to, pain and suffering, if any of the following apply:

(a) The injured person was at the time of the accident operating the vehicle in violation of Section 63-11-1 et seq. and was convicted of that offense.

(b) The injured person was the owner of an uninsured vehicle involved in the accident and is unable to produce proof of financial responsibility as required by Section 63-15-1 et seq.

(c) The injured person was the operator of the vehicle involved in the accident and was operating the vehicle in violation of Section 63-1-57 and was convicted of that offense.

(d) The injured person was the operator of a vehicle, a passenger in a vehicle or a pedestrian and his or her injuries were in any way proximately caused by his or her commission of any felony, or immediate flight therefrom, and the injured person has been duly convicted of that felony.

(3) Except as provided in subsection (4) of this section, an insurer shall not be liable directly or indirectly under a policy of liability or uninsured motorist insurance to indemnify for the noneconomic losses of any person injured as described in subsection (2) of this section.

(4) If a person described in paragraph (b) or (c) of subsection (2) of this section was injured by a motorist who at the time of the accident was operating a vehicle in violation of Section 63-11-1 et seq. and was convicted of that offense, the injured person shall not be precluded from recovering noneconomic losses including, but not limited to, pain and suffering.

(5) Notwithstanding any provision of law to the contrary, if a person injured in a motor vehicle accident has been formally charged with the violation of a criminal felony in connection with the accident, but a final determination of guilt or innocence has not been made, liability and uninsured motorist insurers, to whom a claim for damages has been presented, shall advise the injured party that settlement of the claim shall be pended until a final judgment of guilt or innocence is rendered on the violation charges. The injured party claiming damages shall provide evidence of the outcome of any criminal charges.

(6) This section shall apply to all motor vehicle accidents occurring on or after July 1, 2000.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.