H 3337 Session 111 (1995-1996)
H 3337 General Bill, By Scott
Similar(H 4000, H 4188)
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 raise the threshold
monetary levels with respect to "chargeable" accidents; and to provide that
the threshold amounts, as changed by this Act, apply only to accidents
occurring after June 30, 1995, and also apply to any merit rating plan
promulgated pursuant to Section 38-73-760.
01/19/95 House Introduced and read first time HJ-11
01/19/95 House Referred to Committee on Labor, Commerce and
Industry HJ-11
04/26/95 House Committee report: Favorable Labor, Commerce and
Industry HJ-4
05/02/95 House Recommitted to Committee on Labor, Commerce and
Industry HJ-21
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 26, 1995
H. 3337
Introduced by REP. Scott
S. Printed 4/26/95--H.
Read the first time January 19, 1995.
THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY
To whom was referred a Bill (H. 3337), to amend Section
38-73-455, as amended, Code of Laws of South Carolina, 1976,
relating to automobile insurance rates, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass:
HARRY F. CATO, for Committee.
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 RAISE THE
THRESHOLD MONETARY LEVELS WITH RESPECT TO
"CHARGEABLE" ACCIDENTS; AND TO PROVIDE
THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS
ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER
JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING
PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.
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, 1995,
and also apply 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.
SECTION 3. Except as may be provided otherwise in this act,
this act takes effect upon approval by the Governor.
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