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SB2736 • 2026

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

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.

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor
Younger
Last action
2026-02-03
Official status
Dead
Effective date
July 1, 20

Plain English Breakdown

The bill text specifies certain exceptions to the limitation on damages, which are detailed and may be more complex than initially summarized.

Limiting Damages for Uninsured Drivers

This bill limits the amount of damages that can be recovered if a driver involved in an accident does not have compulsory motor vehicle liability insurance.

What This Bill Does

  • Limits recovery to $25,000 for bodily injury and property damage when a driver is uninsured or underinsured at the time of an accident.
  • Defines 'compulsory motor vehicle liability security' as required by state law.
  • Provides exceptions where the limit does not apply if the other driver flees the scene or commits certain offenses.
  • Allows drivers involved in accidents with uninsured vehicles to use this limitation as a defense.
  • Ensures passengers can still claim damages for injuries caused by another person's negligence.

Who It Names or Affects

  • Drivers who are not insured or underinsured at the time of an accident.
  • People injured in car accidents involving uninsured drivers.
  • Insurance companies dealing with claims from such accidents.

Terms To Know

Compulsory motor vehicle liability security
The required insurance or financial responsibility that a driver must have by law to cover potential damages in case of an accident.

Limits and Unknowns

  • This bill did not pass and therefore has no legal effect.
  • It does not apply if the vehicle involved was legally parked at the time of the accident.

Bill History

  1. 2026-02-03 Mississippi Legislative Bill Status System

    02/03 (S) Died In Committee

  2. 2026-01-19 Mississippi Legislative Bill Status System

    01/19 (S) Referred To Judiciary, Division A

Official Summary Text

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

Current Bill Text

Read the full stored bill text 
S. B. No. 2736 *SS26/R990* ~ OFFICIAL ~ G1/2
26/SS26/R990
PAGE 1 (ens\tb)

To: Judiciary, Division A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Younger

SENATE BILL NO. 2736

AN ACT TO PROVIDE A LIMITATION OF DAMAGES IN ANY CAUSE OR 1
RIGHT OF ACTION ARISING OUT OF A MOTOR VEHICLE ACCIDENT, FOR SUCH 2
INJURY OR DAMAGES OCCASIONED BY AN OWNER OR OPERATOR OF A MOTOR 3
VEHICLE INVOLVED IN SUCH ACCIDENT WHO FAILS TO OWN OR MAINTAIN A 4
COMPULSORY MOTOR VEHICLE LIABILITY SECURITY; TO DEFINE THE TERM 5
"COMPULSORY MOTOR VEHICLE LIABILITY SECURITY"; TO PROVIDE CERTAIN 6
EXCEPTIONS TO THE LIMITATION ON DAMAGES; TO CREATE AN AFFIRMATIVE 7
DEFENSE FOR THE LIMITATION OF RECOVERY PROVISIONS FOR CERTAIN 8
PERSONS; TO PROVIDE THAT NOTHING IN THIS ACT SHALL PRECLUDE 9
PASSENGER'S CLAIM TO RECOVER DAMAGES FOR INJURY, DEATH OR LOSS; TO 10
PROVIDE FOR THE RIGHTS OF INSURERS; TO LIMIT THE EFFECTS OF 11
ISSUANCES, CHANGES OR ADJUSTMENTS OF LIABILITY SECURITY OR 12
INSURANCE POLICY SUBSEQUENT TO MOTOR VEHICLE ACCIDENTS; TO PROVIDE 13
THAT THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO ANY VEHICLE 14
WHICH IS LEGALLY PARKED AT THE TIME OF THE ACCIDENT; AND FOR 15
RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. (1) (a) There shall be no recovery for the 18
first Twenty-five Thousand Dollars ($25,000.00) of bodily injury 19
and no recovery for the first Twenty-five Thousand Dollars 20
($25,000.00) of property damage based on any cause or right of 21
action arising out of a motor vehicle accident, for such injury or 22
damages occasioned by an owner or operator of a motor vehicle 23
involved in such accident who fails to own or maintain a 24
S. B. No. 2736 *SS26/R990* ~ OFFICIAL ~
26/SS26/R990
PAGE 2 (ens\tb)

compulsory motor vehicle liability security required under Chapter 25
15, Title 63, Mississippi Code of 1972. 26
(b) For purposes of this section: 27
(i) The meaning of "bodily injury" and "property 28
damage" is governed by the applicable motor vehicle liability 29
policy or, in the event of security other than an insurance 30
policy, the meaning of such terms is that which is commonly 31
ascribed thereto. 32
(ii) "Compulsory motor vehicle liability security" 33
means the security required under Chapter 15, Title 63, 34
Mississippi Code of 1972. The term includes a "motor vehicle 35
liability policy" as that term is defined in Section 63-15-43. 36
(c) (i) The limitation of recovery provisions of this 37
subsection do not apply if the driver of the other vehicle: 38
1. Is cited for a violation of Section 39
63-11-30 as a result of the accident and is subsequently convicted 40
of or pleads nolo contendere to such offense; 41
2. Intentionally causes the accident; 42
3. Flees from the scene of the accident; or 43
4. At the time of the accident, is in 44
furtherance of the commission of a felony offense under the law. 45
(ii) The limitation of recovery provisions of this 46
subsection do not apply if at the time of the accident, the other 47
vehicle is not being operated and the vehicle is not in violation 48
S. B. No. 2736 *SS26/R990* ~ OFFICIAL ~
26/SS26/R990
PAGE 3 (ens\tb)

of the provisions of Chapter 3, Title 63, Mississippi Code of 49
1972. 50
(2) Each person who is involved in an accident in which the 51
other motor vehicle was not covered by compulsory motor vehicle 52
liability security and who is found to be liable for damages to 53
the owner or operator of the other motor vehicle may assert as an 54
affirmative defense the limitation of recovery provisions of 55
subsection (1) of this section. 56
(3) Nothing in this section shall preclude a passenger in a 57
vehicle from asserting a claim to recover damages for injury, 58
death, or loss which he occasioned, in whole or in part, by the 59
negligence of another person arising out of the operation or use 60
of a motor vehicle. This subsection shall not apply to a 61
passenger who is also the owner of the uninsured motor vehicle 62
involved in the accident. 63
(4) (a) Notwithstanding any provision of law to the 64
contrary, no insurer shall lose any rights of subrogation for 65
claims paid under the applicable insurance policy for the recovery 66
of any sum in excess of the first Twenty-five Thousand Dollars 67
($25,000.00) of bodily injury and the first Twenty-five Thousand 68
Dollars ($25,000.00) of property damages. 69
(b) In claims where no suit is filed, the claimant's 70
insurer shall have all rights to recover any amount paid by the 71
claimant's insurer on behalf of the insured for the recovery of 72
any sum in excess of the first Twenty-five Thousand Dollars 73
S. B. No. 2736 *SS26/R990* ~ OFFICIAL ~
26/SS26/R990
PAGE 4 (ens\tb)
ST: Compulsory motor vehicle liability
security; limit civil recovery for failure to
maintain.
($25,000.00) of bodily injury and the first Twenty-five Thousand 74
Dollars ($25,000.00) of property damages. 75
(5) The provisions of this section shall not apply to any 76
vehicle which is legally parked at the time of the accident. 77
SECTION 2. This act shall take effect and be in force from 78
and after July 1, 2026. 79