The bill H. 4039 aims to amend the South Carolina Code of Laws regarding automobile insurance policies. It introduces several new sections to Article 1 and Article 7 of Chapter 77, Title 38. Specifically, Section 38-77-5 mandates that all new or renewed automobile insurance policies must include a provision that complies with the article, ensuring that neither the insurer nor the insured waives any rights by seeking a resolution. Section 38-77-15 establishes a time limit for disputing property damage liability claims, allowing either party to request an arbitrator within ninety days of filing a proof of loss.

Additionally, Section 38-77-780 outlines the responsibilities of each party regarding costs and fees related to establishing loss amounts. If an arbitrator determines a loss amount that exceeds the insurer's proposed figure by more than one dollar, the insurer is required to reimburse the insured for their reasonable out-of-pocket expenses, including attorneys' fees. This bill is designed to enhance clarity and fairness in the resolution of automobile insurance disputes in South Carolina.

Statutes affected:
02/19/2025: 38-77-5, 38-77-15, 38-77-780
Latest Version: 38-77-5, 38-77-15, 38-77-780