Section 3-1-02-205 - Motor Vehicle Incidences1. Compensation shall be denied if the victim was injured as a result of the operation of a motor vehicle, boat or airplane unless: a. The vehicle was used by the offender while under the influence of alcohol or drugs;b. The vehicle was used by the offender as a weapon in a deliberate attempt to injure or cause the death of the victim;c. The vehicle was used by the offender in a hit-and-run incident by leaving the scene of an accident as specified in Section 63-3-401 of the Mississippi Code; ord. The vehicle was used by the offender to flee apprehension by law enforcement as specified in Sections 97-9-72 and 97-9-73 of the Mississippi Code.2. When evaluating incidents involving motor vehicles, factors to consider include, but are not limited to: a. If offender is apprehended, whether charges are filed against the offender; b. Whether the victim/claimant is cited in the law enforcement report as the primary collision factor or proximate cause of the accident;c. Whether charges are filed against the victim/claimant;d. Whether there is a preponderance of evidence that the offender was driving while under the influence of alcohol and/or drugs (DUI); and,e. Whether there is a preponderance of evidence that the vehicle was used by the offender as a weapon in the deliberate attempt to injure or cause the death of the victim.f. Whether there is a preponderance of evidence that the vehicle was used by the offender in a hit-and-run accident; org. Whether there is a preponderance of evidence that the vehicle was used by the offender to flee apprehension by law enforcement.3. Incidents involving the victim/claimant as a passenger of a DUI driver will be evaluated on a case-by-case basis.4. A claim shall be denied for contributory conduct if the victim/claimant knew or reasonably should have known that the driver was DUI and nevertheless was a willing passenger.5. Exceptions to § 205(4) above include:a. Victim is a minor child or dependent child of the driver; or,b. Evidence demonstrates the victim/claimant was an unwilling passenger.6. Incidents involving victim/claimant who is DUI shall be denied if the victim/claimant: a. Was driving with a blood alcohol content that is equal to or exceeds the legal limit for driving;b. Was driving while under the influence of drugs; and,c. The above, 6(a) or (b) are corroborated by law enforcement or medical evidence.d. These conditions apply regardless of whether the victim/claimant's condition caused the accident.3 Miss. Code. R. 1-02-205