S 0932 General Bill, By Bryan, Lander and Washington
 A Bill to amend Section 38-73-455, as amended, Code of Laws of South Carolina,
 1976, relating to automobile insurance rates, so as to change the definition
 of "chargeable" accident to one resulting in bodily injury to any person in
 excess of one thousand dollars per person, death, or damage to the property of
 the insured; and to provide that the increased amounts, as changed by this Act
 apply to accidents occurring after June 30, 1996, and also apply to any merit
 rating plan promulgated pursuant to Section 38-73-60.

   10/10/95  Senate Prefiled
   10/10/95  Senate Referred to Committee on Banking and Insurance
   01/09/96  Senate Introduced and read first time SJ-65
   01/09/96  Senate Referred to Committee on Banking and Insurance SJ-65
   04/10/96  Senate Recalled from Committee on Banking and Insurance SJ-87

RECALLED

April 10, 1996

S. 932

S. Printed 4/10/96--S.

Read the first time January 9, 1996.

A BILL

TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO CHANGE THE DEFINITION OF "CHARGEABLE" ACCIDENT TO ONE RESULTING IN BODILY INJURY TO ANY PERSON IN EXCESS OF ONE THOUSAND DOLLARS PER PERSON, DEATH, OR DAMAGE TO THE PROPERTY OF THE INSURED; AND TO PROVIDE THAT THE INCREASED AMOUNTS, AS CHANGED BY THIS ACT, APPLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1996, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-60.

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, as last amended by Act 128 of 1995, is further 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 six hundred one thousand dollars per person, death, or damage to the property of the insured or other person in excess of one thousand five hundred dollars. These thresholds must be adjusted periodically by regulation of the Director of the Department of Insurance based upon changes in the Consumer Price Index. 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. This act applies to accidents occurring after June 30, 1996, and also to any merit rating plan promulgated by the Director of the Department of Insurance or his designee pursuant to Section 38-73-760 of the 1976 Code.