H 4039 — Automobile Insurance
Last action — Referred to Committee on Labor, Commerce and Industry
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill is in committee in the House. Introduced February 19, 2025. It must pass committee before a floor vote.
Next likely step: a committee vote, then a floor vote in the House.
Prognosis
Where this bill stands today.
Odds of enactment
LowHow often bills like it became law.
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In Committee
Current position in the legislative process.
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3 sponsors
3 primary, 0 co-sponsors signed on.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-77-5 SO AS TO REQUIRE ALL NEW OR RENEWED AUTOMOBILE INSURANCE POLICIES IN THIS STATE TO INCLUDE A PROVISION REFERENCING THIS ARTICLE; BY ADDING SECTION 38-77-15 SO AS TO ESTABLISH A TIME LIMIT FOR PURSUING A RESOLUTION; AND BY ADDING SECTION 38-77-780 SO AS TO REQUIRE INSURERS TO PAY THE INSURED'S REASONABLE OUT-OF-POCKET EXPENSES IN CERTAIN CIRCUMSTANCES.
Bill Text
What changed in the latest version
38 added · 4 removedPlain-language change summary
The amendments to Bill H 4039 introduce new sections to South Carolina's automobile insurance law. These changes require all new or renewed auto insurance policies to include specific provisions related to claims and ensure insurers cover reasonable out-of-pocket expenses for policyholders in certain situations. Additionally, a deadline of 90 days is established for either party to seek arbitration if there is a dispute over how much damage is covered. This matters because it aims to protect consumers and streamline the resolution process for insurance claims.
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×hZ`7è×6bµwÇ&General Assembly126th Session, 2025-2026Bill 4039Indicates Matter StrickenIndicates New Matter(Text matches printed bills.
Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-77-5 SO AS TO REQUIRE ALL NEW OR RENEWED AUTOMOBILE INSURANCE POLICIES IN THIS STATE TO INCLUDE A PROVISION REFERENCING THIS ARTICLE;
BY ADDING SECTION 38-77-15 SO AS TO ESTABLISH A TIME LIMIT FOR PURSUING A RESOLUTION;
AND BY ADDING SECTION 38-77-780 SO AS TO REQUIRE INSURERS TO PAY THE INSURED'S REASONABLE OUT-OF-POCKET EXPENSES IN CERTAIN CIRCUMSTANCES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 77, Title of the S.C.
Code is amended by adding:
Section 38-77-5.
Notwithstanding another provision of law, all new automobile insurance policies or renewals of automobile insurance policies must include a provision that complies with this article.
Neither an insurer nor insured waive any rights under a policy by requesting a resolution under this article.
SECTION 2. Article 1, Chapter 77, Title of the S.C.
Code is amended by adding:
Section 38-77-15. Upon the disagreement of the insurer and the insured as to the amount of loss under a property damage liability claim of an automobile insurance policy, either party may seek the appointment of an arbitrator or arbitrators as prescribed in Section 8-77-10 no later than the ninetieth day after the date a proof of loss is filed with the insurer.
SECTION 3. Article 7, Chapter 77, Title of the S.C.
Code is amended by adding:
Section 38-77-780.
Each party is responsible for their own costs and fees associated with establishing their loss amount.
If the decision of the arbitrator sets the loss of more than one dollar greater than the amount of the insurer's proposed loss statement, the insurer must refund the insured's out-of-pocket expenses, attorneys' fees, and costs associated with establishing the amount of loss.
SECTION 4. This act takes effect upon approval by the Governor.
----XX---- This web page was last updated on February 19, 2025 at 10:48 AM
Action History
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Referred to Committee on Labor, Commerce and Industry
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Introduced and read first time
Sponsors
- Representative Joseph S. "Joe" White · Primary
- Representative Leon Howard · Primary
- Representative Brandon Guffey · Primary
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 0 co-sponsors · 167 not signed on
Co-sponsors (0)
None.
Not signed on (167)
167 members have not signed on to this bill.
Show all 167 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- What does H 4039 do?
- A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 38-77-5 SO AS TO REQUIRE ALL NEW OR RENEWED AUTOMOBILE INSURANCE POLICIES IN THIS STATE TO INCLUDE A PROVISION REFERENCING THIS ARTICLE; BY ADDING SECTION 38-77-15 SO AS TO ESTABLISH A TIME LIMIT FOR PURSUING A RESOLUTION; AND BY ADDING SECTION 38-77-780 SO AS TO REQUIRE INSURERS TO PAY THE INSURED'S REASONABLE OUT-OF-POCKET EXPENSES IN CERTAIN CIRCUMSTANCES.
- Who sponsors H 4039?
- H 4039 is sponsored by Representative Joseph S. "Joe" White, Representative Leon Howard, and Representative Brandon Guffey.
- What is the current status of H 4039?
- This bill is in committee in the House. Introduced February 19, 2025. It must pass committee before a floor vote.
- Where can I track H 4039?
- Track H 4039 free on One Click Politics — get push/email alerts when it moves.
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