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H. 3316
STATUS INFORMATION
General Bill
Sponsors: Rep. Rice
Document Path: l:\council\bills\dka\3110dw07.doc
Introduced in the House on January 18, 2007
Currently residing in the House Committee on Judiciary
Summary: Limit recovery damages
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/18/2007 House Introduced and read first time HJ-3 1/18/2007 House Referred to Committee on Judiciary HJ-3
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-195 SO AS TO LIMIT RECOVERY OF DAMAGES IN CERTAIN CASES AND PROHIBIT THE AWARDING OF DAMAGES IN FAVOR OF A PERSON WHO IS INJURED WHILE OPERATING HIS MOTOR VEHICLE IF HIS INJURIES DID NOT RESULT FROM HIS OPERATION OF THE VEHICLE AND IF HE DID NOT HAVE IN EFFECT FOR THAT VEHICLE THE FINANCIAL SECURITY REQUIRED BY THE LAWS OF THIS STATE AT THE TIME THE INJURY OCCURRED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 77, Title 38 of the 1976 Code is amended by adding:
"Section 38-77-195. Notwithstanding another provision of law, a person who is operating his motor vehicle and his injuries did not result from his operation of the vehicle may not recover more than the maximum limits of his insurance policy. If the driver who is not at fault does not have in effect for that vehicle the financial security required by the laws of this State at the time the injury occurred, including specifically a person who has failed to register an uninsured motor vehicle and failed to pay the requisite uninsured motorist fee pursuant to Article 5, Chapter 10, Title 56, may not recover any damages."
SECTION 2. This act takes effect upon approval by the Governor.
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