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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Watson
HOUSE BILL NO. 383
AN ACT TO AMEND SECTION 83-11-101, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE UNINSURED MOTORIST COVERAGE LIMITS TO BE AUTOMATICALLY 2
EQUAL TO THE LIMITS OF BODILY INJURY LIABILITY COVERAGE AND 3
PROPERTY DAMAGE LIABILITY COVERAGE UNLESS THE INSURED SPECIFICALLY 4
SELECTS UNINSURED MOTORIST COVERAGE OF LESSER LIMITS; AND FOR 5
RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 83-11-101, Mississippi Code of 1972, is 8
amended as follows: 9
83-11-101. (1) No automobile liability insurance policy or 10
contract shall be issued or delivered after January 1, 1967, 11
unless it contains an endorsement or provisions undertaking to pay 12
the insured all sums which he shall be legally entitled to recover 13
as damages for bodily injury or death, or would be legally 14
entitled to recover as damages for bodily injury or death but for 15
the immunity provided under the Mississippi Tort Claims Act, from 16
the owner or operator of an uninsured motor vehicle, within limits 17
which shall be no less than those set forth in the Mississippi 18
Motor Vehicle Safety Responsibility Law, as amended, under 19
provisions approved by the Commissioner of Insurance * * *. For a 20
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policy or contract issued or delivered after July 1, 2026, the 21
limits of the uninsured motorist coverage must be identical to the 22
limits of bodily injury liability coverage in the policy and may 23
not be less than the minimum limits of coverage required by the 24
Mississippi Motor Vehicle Safety Responsibility Law; however, the 25
named insured may select, in writing signed by the insured, limits 26
of such coverage that are less than limits of bodily injury 27
liability coverage in the policy, but not less than the minimum 28
limits required by the Mississippi Motor Vehicle Safety 29
Responsibility Law. Once limits of uninsured motorist coverage 30
less than the liability limits are selected in writing signed by 31
the insured, the lower limits may be included in any renewal 32
policy later issued to him or her by the same insurer unless the 33
named insured requests additional coverage in writing. However, 34
whenever a new application is submitted in connection with a 35
renewal, reinstatement or replacement transaction, the provisions 36
of this section apply in the same manner as when a new policy is 37
being issued. The coverage herein required shall not be 38
applicable where any insured named in the policy shall reject the 39
coverage in writing and provided further, that unless the named 40
insured requests such coverage in writing, such coverage need not 41
be provided in any renewal policy, any replacement policy with the 42
same or substantially similar terms and conditions issued by the 43
same insurer, and any transferred policy with the same or 44
substantially similar terms and conditions issued by a licensed 45
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affiliate of the original insurer where the named insured had 46
rejected the coverage in connection with a policy previously 47
issued to him by the same insurer or a licensed affiliate of the 48
original insurer in the same holding company. 49
(2) No automobile liability insurance policy or contract 50
shall be issued or delivered after January 1, 1980, unless it 51
contains an endorsement or provisions undertaking to pay the 52
insured all sums which he shall be legally entitled to recover as 53
damages for property damage, or would be legally entitled to 54
recover as damages for property damage but for the immunity 55
provided under the Mississippi Tort Claims Act, from the owner or 56
operator of an uninsured motor vehicle * * *. For a policy or 57
contract issued or delivered after July 1, 2026, the limits of the 58
uninsured motorist property damage coverage must be identical to 59
the limits provided in the policy for property damage liability 60
coverage unless the insured specifically selects, in writing 61
signed by the insured, lower limits of uninsured motorist property 62
damage coverage; however, the insured may not select uninsured 63
motorist property damage coverage limits that are less than the 64
property damage liability limits required by the Mississippi Motor 65
Vehicle Safety Responsibility Law. Once the lower limits are 66
selected in writing signed by the named insured, the lower limits 67
may be provided in any renewal policies later issued to him or her 68
by the same insurer unless the named insured requests higher 69
limits in writing. However, whenever a new application is 70
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submitted in connection with a renewal, reinstatement or 71
replacement transaction, the provisions of this section apply in 72
the same manner as when a new policy is being issued. The 73
coverage herein required shall not be applicable where any insured 74
named in the policy shall reject the coverage in writing and 75
provided further, that unless the named insured requests such 76
coverage in writing, such coverage need not be provided in any 77
renewal policy, any replacement policy with the same or 78
substantially similar terms and conditions issued by the same 79
insurer, and any transferred policy with the same or substantially 80
similar terms and conditions issued by a licensed affiliate of the 81
original insurer where the named insured had rejected the coverage 82
in connection with a policy previously issued to him by the same 83
insurer or a licensed affiliate of the original insurer in the 84
same holding company. 85
The property damage provision may provide an exclusion for 86
the first Two Hundred Dollars ($200.00) of such property damage; 87
however, the uninsured motorist provision need not insure any 88
liability for property damage, for which loss the policyholder has 89
been compensated by insurance or otherwise. 90
(3) The insured may reject the property damage liability 91
insurance coverage required by subsection (2) and retain the 92
bodily injury liability insurance coverage required by subsection 93
(1), but if the insured rejects the bodily injury liability 94
coverage he may not retain the property damage liability coverage. 95
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ST: Uninsured motorist coverage; provide that
limits will be equal to liability coverage
unless insured selects otherwise.
No insured may have property damage liability insurance coverage 96
under this section unless he also has bodily injury liability 97
insurance coverage under this section. 98
(4) In the course of the sale or issuance of any automobile 99
liability insurance policy, insurers shall inform the named 100
insured or applicant, on a form approved by the Department of 101
Insurance, of the benefits of and reasons for electing to purchase 102
uninsured motorist coverage. If the insured named in the policy 103
wishes to reject uninsured motorist coverage, such form shall be 104
signed by * * * the named insured. * * * 105
SECTION 2. This act shall take effect and be in force from 106
and after July 1, 2026. 107