Current Status Bill Number:4188 Ratification Number:196 Act Number:128 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950504 Primary Sponsor:Labor, Commerce and Industry Committee HLCI 26 All Sponsors:Labor, Commerce and Industry Committee Drafted Document Number:bbm\10256jm.95 Companion Bill Number:3337, 4000 Date Bill Passed both Bodies:19950531 Date of Last Amendment:19950509 Governor's Action:S Date of Governor's Action:19950607 Subject:Motor vehicle insurance, threshold amounts
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
------ 19950607 Act No. A128
------ 19950607 Signed by Governor
------ 19950606 Ratified R196
Senate 19950531 Read third time, enrolled for
ratification
Senate 19950524 Read second time, notice of
general amendments
Senate 19950523 Recalled from Committee, 02 SBI
placed on the Calendar
Senate 19950511 Introduced, read first time, 02 SBI
referred to Committee
House 19950510 Read third time, sent to Senate
House 19950509 Amended, read second time
House 19950504 Introduced, read first time
View additional legislative information at the LPITS web site.
(A128, R196, H4188)
AN ACT TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE THAT A "CHARGEABLE" ACCIDENT IS DEFINED AS ONE RESULTING IN BODILY INJURY TO ANY PERSON IN EXCESS OF SIX HUNDRED, RATHER THAN THREE HUNDRED, DOLLARS PER PERSON, DEATH, OR DAMAGE TO THE PROPERTY OF THE INSURED OR OTHER PERSON IN EXCESS OF ONE THOUSAND, RATHER THAN SEVEN HUNDRED FIFTY DOLLARS, AND PROVIDE THAT THESE THRESHOLDS MUST BE ADJUSTED PERIODICALLY BY REGULATION BASED UPON CHANGES IN THE CONSUMER PRICE INDEX; AND TO PROVIDE THAT THESE THRESHOLD AMOUNTS OF SIX HUNDRED DOLLARS AND ONE THOUSAND DOLLARS 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:
Threshold amounts raised; periodic adjustment
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 six hundred dollars per person, death, or damage to the property of the insured or other person in excess of one thousand 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."
Applicability of new threshold amounts
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.
Time effective
SECTION 3. Except as may be provided otherwise in this act, this act takes effect upon approval by the Governor.
Approved the 7th day of June, 1995.