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Indicates Matter Stricken
Indicates New Matter
Sponsors: Senator Senn
Document Path: l:\s-res\ss\007unin.kmm.ss.docx
Introduced in the Senate on February 9, 2021
Currently residing in the Senate Committee on Banking and Insurance
Summary: Sue or recover wehn driver unknown
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/9/2021 Senate Introduced and read first time (Senate Journal-page 3) 2/9/2021 Senate Referred to Committee on Banking and Insurance (Senate Journal-page 3)
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VERSIONS OF THIS BILL
TO AMEND SECTION 38-77-170 OF THE 1976 CODE, RELATING TO CONDITIONS TO SUE OR RECOVER UNDER THE UNINSURED MOTORIST PROVISION WHEN THE OWNER OR OPERATOR OF A MOTOR VEHICLE CAUSING INJURY OR DAMAGE IS UNKNOWN, TO PROVIDE THAT THERE MAY BE A RIGHT OF ACTION OR RECOVERY UNDER THE UNINSURED MOTORIST PROVISION IF THE INSURED CAN PROVE BY PHOTOGRAPHIC OR VIDEO EVIDENCE THAT THE DAMAGE OR 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(2) of the 1976 Code 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) one of the following conditions is met:
(a) the injury or damage was caused by physical contact with the unknown vehicle
(b) 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 attesting to the truth of the facts of the accident contained in the affidavit; or
(c) the insured can prove by photographic or video evidence that the damage or injury was caused by the unknown vehicle; 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 item (2) above: 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."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on February 11, 2021 at 6:03 PM