Indicates Matter Stricken

Indicates New Matter

Committee Report

February 06, 2024

S. 32

Introduced by Senators Hutto and Senn

S. Printed 02/06/24--S.                                                                            [SEC 2/7/2024 4:45 PM]

Read the first time January 10, 2023

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The committee on Senate Banking and Insurance

To whom was referred a Bill (S. 32) to amend the South Carolina Code of Laws by amending Section 38-77-170, relating to the required conditions to sue or recover under the uninsured motorist provision, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

RONNIE CROMER for Committee.

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A bill

TO AMEND the south carolina code of laws by amending SECTION 38-77-170, RELATING TO THE required conditions TO SUE OR RECOVER UNDER THE UNINSURED MOTORIST PROVISION WHEN THE OWNER OR OPERATOR OF THE MOTOR VEHICLE CAUSING INJURY OR DAMAGE IS UNKNOWN, SO AS TO ALLOW AN INSURED TO SEEK A COURT ORDER FOR A PRESUIT DEPOSITION WHEN THE INSURED IS UNABLE TO OBTAIN AN AFFIDAVIT FROM A WITNESS TO THE ACCIDENT AND TO ALLOW AN INSURED TO SUBMIT ELECTRONIC OR OTHER RECORDING OF THE ACCIDENT TO MEET THE required conditions of THE UNINSURED MOTORIST PROVISION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.  Section 38-77-170 of the S.C. Code is amended to read:

    Section 38-77-170. (A) If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless:

       (1) the insured or someone in his behalf has reported reports the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence; and

       (2) one of the following conditions is met:

           (a) the injury or damage was caused by physical contact with the unknown vehicle, or;

           (b) the accident must have been was witnessed by someone other than the owner or operator of the insured vehicle; provided, however, the witness must sign an affidavit attesting to the truth of the facts of the accident contained in the affidavit or upon failing to obtain the affidavit, the insured may seek a court order for a presuit deposition of the witness under the procedures set forth in Rule 27, South Carolina Rules of Civil Procedure; or

           (c) the insured can provide a recording of the accident, obtained electronically or otherwise, showing that the damage or injury was caused by the unknown vehicle; and

       (3) the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident.

    (B) The following statement must be prominently displayed on the face of the affidavit provided in item (2)(b) above: A FALSE STATEMENT CONCERNING THE FACTS CONTAINED IN THIS AFFIDAVIT MAY SUBJECT THE PERSON MAKING THE FALSE STATEMENT TO CRIMINAL PENALTIES AS PROVIDED BY LAW.

SECTION 2.  This act takes effect upon approval by the Governor.

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