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TO AMEND SECTION 38-77-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES FOR RECOVERY IN A CASE IN WHICH A VEHICLE CAUSES BODILY INJURY OR PROPERTY DAMAGE, SO AS TO INCLUDE DEPOSITIONS AND SWORN TESTIMONY WITHIN THE TYPES OF TESTIMONY PERMITTED BY A WITNESS OTHER THAN THE PLAINTIFF WHEN THE PLAINTIFF'S INJURY WAS CAUSED BY AN UNKNOWN VEHICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 38-77-170 is amended to read:
"Section 38-77-170. (A) If the owner or operator of any motor vehicle which causes bodily injury or property damage to the insured is unknown, there is no right of action or recovery under the uninsured motorist provision, unless:
(1) the insured or someone in his behalf has reported the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence;
(2) the injury or damage was caused by physical contact with the unknown vehicle, or the accident must have been was witnessed by someone other than the owner or operator of the insured vehicle; provided however, the witness must sign an affidavit, or provide sworn testimony in a deposition or in a court of competent jurisdiction, attesting to the truth of the facts of the accident contained in the affidavit; and
(3) the insured was not negligent in failing to determine the identity of the other vehicle and the driver of the other vehicle at the time of the accident.
(B) The following statement must be prominently displayed on the face of the affidavit provided in subitem item (2) above of subsection (A): A FALSE STATEMENT CONCERNING THE FACTS CONTAINED IN THIS AFFIDAVIT MAY SUBJECT THE PERSON MAKING THE FALSE STATEMENT TO CRIMINAL PENALTIES AS PROVIDED BY LAW. If in lieu of an affidavit, sworn testimony is provided at a deposition pursuant to item (2), the attorney who has subpoenaed the witness must first read the following statement to the witness before his testimony is taken: 'A FALSE STATEMENT CONCERNING THE FACTS OF YOUR TESTIMONY MAY SUBJECT YOU TO CRIMINAL PENALTIES AS PROVIDED BY LAW'."
SECTION 2. This act takes effect upon approval by the Governor and applies to causes of action arising or accruing after the effective date of this section.
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