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TO AMEND CHAPTER 77, TITLE 38 OF THE 1976 CODE, BY ADDING SECTION 38-77-315, TO PROVIDE THAT INSURANCE CARRIERS MAY DENY MEDICAL, HOSPITAL, AND DISABILITY BENEFITS TO ANY PERSON WHO SUSTAINS BODILY INJURY IN A MOTOR VEHICLE ACCIDENT OR COLLISION WHERE THE INJURED PERSON WAS NOT WEARING A SEATBELT AT THE TIME OF THE ACCIDENT OR COLLISION, TO PROVIDE THAT THE INSURED MUST SIGN OR INITIAL A STATEMENT ACKNOWLEDGING THE POTENTIAL DENIAL OF BENEFITS, AND TO PROVIDE THAT INSURANCE COMPANIES MAY OFFER FINANCIAL INDUCEMENTS OR REDUCED PREMIUMS TO A PERSON AS AN INDUCEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 77, Title 38 of the 1976 Code is amended by adding:
"Section 38-77-315. (A) Notwithstanding any other provision of law, an insurer may deny medical, hospital, and disability benefits to any person otherwise insured when that person sustains bodily injury in a motor vehicle accident or collision involving a motor vehicle in which the injured person was driving or riding and the injured person was not wearing his seatbelt at the time of the motor vehicle accident or collision.
(B) To deny benefits pursuant to this section the insured must have signed or initialed a statement included in his insurance contract that explains the possibility that coverage may be denied for injuries sustained in a motor vehicle accident or collision when the insured was not wearing his seatbelt. The statement must be written in clear and concise language in bold typeface set apart from other provisions in the contract or contained in a separate endorsement to the insurance contract.
(C) Insurance companies may offer financial incentives or reduced premiums as an inducement for a person to enter into an agreement pursuant to subsection (B).
(D) For purposes of this section, motorcycles, motor driven cycles, motor scooters, and mopeds are excluded from the definition of motor vehicles."
SECTION 2. This act takes effect upon approval by the Governor.
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