Current Status Introducing Body:House Bill Number:4378 Primary Sponsor:Scott Committee Number:02 Type of Legislation:GB Subject:Motor vehicle accident, nonticketed violation Residing Body:Senate Current Committee:Banking and Insurance Computer Document Number:BBM/10778JM.94 Introduced Date:19940111 Date of Last Amendment:19940519 Last History Body:Senate Last History Date:19940524 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Scott Rudnick Corning Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
4378 Senate 19940524 Introduced, read first time, 02
referred to Committee
4378 House 19940520 Read third time, sent to
Senate
4378 House 19940519 Amended, read second time,
unanimous consent for third
reading on Friday, 0520,
1994
4378 House 19940504 Committee Report: Favorable 26
with amendment
4378 House 19940111 Introduced, read first time, 26
referred to Committee
4378 House 19931215 Prefiled, referred to 26
Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 19, 1994
H. 4378
S. Printed 5/19/94--H.
Read the first time January 11, 1994.
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.