South Carolina § 38-77-170 Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown.

South Carolina Statutes

§ 38-77-170 — Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown.

South Carolina § 38-77-170

Title 38INSURANCE

Ch. 77AUTOMOBILE INSURANCE

This text of South Carolina § 38-77-170 (Conditions to sue or recover under uninsured motorist provision when owner or operator of motor vehicle causing injury or damage is unknown.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 38-77-170 (2026).

Text

(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 reports the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence; and (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 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 upon failing to obtain the affidavit, the insure

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(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 reports the accident to some appropriate police authority within a reasonable time, under all the circumstances, after its occurrence; and (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 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 upon failing to obtain the affidavit, the insured may seek a court order for a presuit deposition of the witness under the procedures set forth in Rule 27, South Carolina Rules of Civil Procedure; or (c) the insured can provide a recording of the accident, obtained electronically or otherwise, showing 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)(b): 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.

Legislative History

HISTORY: Former 1976 Code SECTION 56-9-850 [1962 Code SECTION 46-750.34; 1963 (53) 526; 1987 Act No. 166, SECTION 25; repealed by 1987 Act No. 155, SECTION 25] recodified as SECTION 38-77-170 by 1987 Act No. 155, SECTION 1 [amendment to former 1976 Code SECTION 56-9-850 by 1987 Act No. 166, SECTION 25, transferred to SECTION 38-77-150 by 1987 Act No. 155, SECTION 24]; 1989 Act No. 148, SECTION 53; 2024 Act No. 180 (H.4869), SECTION 7, eff May 20, 2024. Effect of Amendment 2024 Act No. 180, SECTION 7, rewrote the section.