MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Insurance; Judiciary

By: Senator(s) Dearing

AN ACT TO LIMIT RECOVERY IN CERTAIN CIRCUMSTANCES BY INDIVIDUALS WHO WERE NOT COVERED BY MOTOR VEHICLE LIABILITY INSURANCE AT THE TIME OF AN ACCIDENT AS AGAINST INDIVIDUALS WHO WERE COVERED BY MOTOR VEHICLE LIABILITY INSURANCE AT THE TIME OF AN ACCIDENT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Notwithstanding any provision of law to the contrary, in any action in which damages are sought by a claimant, who was not covered by liability insurance at the time of the accident, against a defendant, who was covered by liability insurance at the time of the accident, for any property damage or bodily injury arising out of the claimant's and defendant's operation of motor vehicles, the claimant's recovery shall be limited to the reimbursement of the claimant's actual property damage and bodily injury, including medical expense, and the claimant shall not be awarded any punitive damages.

(2) For purposes of this section, the term "claimant" shall include only those claimants which: (a) were not in compliance with the Motor Vehicle Safety-Responsibility Law, Section 63-15-1 et seq., Mississippi Code of 1972, at the time of the accident; and (b) were determined to be at fault for the damages incurred.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.