Bill Text: MS HB229 | 2015 | Regular Session | Introduced
Bill Title: Uninsured motorist; provide certain may not recover noneconomic loss in accident with insured driver.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2015-02-03 - Died In Committee [HB229 Detail]
Download: Mississippi-2015-HB229-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Insurance
By: Representative Chism
House Bill 229
AN ACT TO PROVIDE THAT CERTAIN UNINSURED MOTORISTS WAIVE THE ABILITY TO HAVE A CAUSE OF ACTION OR OTHERWISE COLLECT FOR NONECONOMIC LOSS AGAINST A PERSON WHO IS IN COMPLIANCE WITH THE MISSISSIPPI MOTOR VEHICLE SAFETY-RESPONSIBILITY LAW DUE TO A MOTOR VEHICLE ACCIDENT IN WHICH THE INSURED DRIVER IS ALLEGED TO BE AT FAULT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) An uninsured motorist shall waive the ability to have a cause of action or otherwise collect for noneconomic loss against a person who is in compliance with the Mississippi Motor Vehicle Safety-Responsibility Law due to a motor vehicle accident in which the insured driver is alleged to be at fault. For purposes of this section, the term "uninsured motorist" shall include:
(a) An uninsured driver who is the owner of the vehicle;
(b) An uninsured permissive driver of the vehicle; and
(c) Any uninsured nonpermissive driver.
Such waiver shall not apply if it can be proven that the accident was caused, in whole or in part, by a tort-feasor who operated a motor vehicle under the influence of drugs or alcohol, or who is convicted of manslaughter, or is convicted of simple or aggravated assault.
(2) The provisions of this section shall not apply to an uninsured motorist whose immediately previous insurance policy meeting the requirements of the Mississippi Motor Vehicle Safety-Responsibility Law was terminated or nonrenewed for failure to pay the premium, unless notice of termination or nonrenewal for failure to pay such premium was provided by such insurer at least six (6) months prior to the time of the accident.
(3) In an action against a person who is in compliance with the Mississippi Motor Vehicle Safety-Responsibility Law by a person deemed to have waived recovery under subsection (1) of this section:
(a) Any award in favor of such person shall be reduced by an amount equal to the portion of the award representing compensation for noneconomic losses; and
(b) The trier of fact shall not be informed, directly or indirectly, of such waiver or of its effect on the total amount of such person's recovery.
(4) Nothing in this section shall be construed to preclude recovery against an alleged tort-feasor of benefits provided or economic loss coverage.
(5) Passengers in the uninsured motor vehicle are not subject to such recovery limitation.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
