H 4378 General Bill, By Scott, R.S. Corning and I.K. Rudnick
 A Bill to provide that, for purposes of private passenger automobile
 insurance, in an accident or collision where the property damage is seven
 hundred fifty dollars or more, a nonticketed violation is not subject to a
 recoupment charge.

   12/15/93  House  Prefiled
   12/15/93  House  Referred to Committee on Labor, Commerce and Industry
   01/11/94  House  Introduced and read first time HJ-36
   01/11/94  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-36
   05/04/94  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-4
   05/19/94  House  Amended HJ-41
   05/19/94  House  Read second time HJ-42
   05/19/94  House  Unanimous consent for third reading on next
                     legislative day HJ-42
   05/20/94  House  Read third time and sent to Senate HJ-55
   05/24/94  Senate Introduced and read first time SJ-24
   05/24/94  Senate Referred to Committee on Banking and Insurance SJ-24

AMENDED

May 19, 1994

H. 4378

S. Printed 5/19/94--H.

Read the first time January 11, 1994.

A BILL

TO PROVIDE THAT, FOR PURPOSES OF PRIVATE PASSENGER AUTOMOBILE INSURANCE, IN AN ACCIDENT OR COLLISION WHERE THE PROPERTY DAMAGE IS SEVEN HUNDRED FIFTY DOLLARS OR MORE, A NONTICKETED VIOLATION IS NOT SUBJECT TO A RECOUPMENT CHARGE.

Amend Title To Conform

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

SECTION 1. Section 38-73-455(A)(3) of the 1976 Code is amended to read:

"(3) has had two or more `chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A `chargeable' accident is defined as one resulting in bodily injury to any person in excess of three six hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty one thousand dollars. Accidents occurring under the circumstances enumerated below are not considered chargeable.

(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.

(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.

(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.

(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.

(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a `hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.

(f) Accidents involving damage by contact with animals or fowl.

(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.

(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or".

SECTION 2. The threshold amounts of six hundred dollars and one thousand dollars set forth in the introductory paragraph of Section 38-73-455(A)(3) of the 1976 Code, as amended by Section 1 of this act, apply only to accidents occurring after June 30, 1994, and also apply to any merit rating plan promulgated by the Chief Insurance Commissioner pursuant to Section 38-73-760 of the 1976 Code.

SECTION 3. Except as may otherwise be specifically provided in this act, this act takes effect upon approval by the Governor.