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RECORDED CONSUMER INFORMATION
(803) 734-4215 or
(888) 734-4215 (toll free in S.C.)
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- Under
the law, is an insurance company required to sell me insurance?
Prior
to March 1, 1999, the insurance company you selected was required
to sell you a liability policy if you had a valid driver's license
and paid the premium for the policy. As of March 1,1999, insurance
companies are not required by law to sell you an insurance policy.
They are, however, prohibited from refusing to issue a policy for
the following reasons: age, sex, location of residence in this State,
race, color, creed, national origin, ancestry, marital status or
income level.
- Can
an insurance company refuse to sell an automobile insurance policy
based on the lack of driving experience?
An
insurance company cannot refuse to renew a policy based only on
the lack of driving experience or number of years of driving experience.
If you have another factor which indicates high risk characteristics,
however, an insurance company may refuse to renew a policy. Also,
the law does not prohibit an insurance company from refusing to
issue an initial policy based on the lack of driving experience
or number of years of driving experience.
- Can
an insurance company consider lack of driving experience in determining
what rate to charge?
Yes.
An insurance company can consider lack of driving experience in
determining rates. It is only unlawful to consider the following
factors in determining the premium rates to be charged for an automobile
insurance policy: race, color, creed, religion, national origin,
ancestry, location of residence in this State, economic status,
income level.
- Can
an insurance company consider my age in determining what rate to charge?
Yes.
An insurance company can consider age in determining rates. It is
only unlawful to consider the following factors in determining the
premium rates to be charged for an automobile insurance policy:
race, color, creed, religion, national origin, ancestry, location
of residence in this State, economic status, income level.
- Who
determines how I am classified with respect to other drivers?
In
the past, the South Carolina Department of Insurance (SCDOI) established,
by regulation, a classification plan and a territorial plan which
insurance companies used to assist in determining the proper rates
to charge an insured. The SCDOI established twenty-two broad classifications,
such as (1) there is no operator under 25 years of age and the automobile
is not used for business, nor driven to or from work, or school
or (2) there is an unmarried male/female operator under 21 years
of age who is an owner or principal operator of the automobile.
Under the old law, the SCDOI also established thirteen territories.
Under the law, insurance companies will establish their own classifications.
In most states, insurance companies use more than 200 classifications.
They will also establish their own territories. The law, however,
does not allow any territory to be smaller than a county, but allows
a portion of a county to be rated with a neighboring county. The
classification and territorial plans must be approved by the SCDOI.
- Will
I know if I am not getting the lowest rate available from my insurance
company?
If
your rate level is higher than the lowest rate level tier for the
insurance company or for an insurance company in the group to which
that insurance company belongs, your insurance company must tell
you in writing the reason you are not getting the lowest rate level
tier.
- Are
any discounts required to be given under the law?
The
only discount required to be offered is the discount for insured
persons who take an approved driver training course. The discount
does not apply to youthful drivers. Some companies, however, will
offer youthful driver discounts. Some may offer discounts for students
maintaining a good grade point average. It is helpful to obtain
quotes from several companies and to ask if the insurance company
offers a youthful driver discount or any other discount which might
apply to you.
- What
is the South Carolina Reinsurance Facility?
This
is the mechanism used to insure the residual market from 1974 until
1999. In 1974, the General Assembly passed a law requiring insurance
companies to write anyone who wanted insurance who had a valid driver's
license and paid the premiums. The Reinsurance Facility provided
a mechanism where insurance companies could place individuals they
would not have written had they had a choice. Insurance companies
were allowed to put up to 35% of their business in the Reinsurance
Facility. There are also some agents who write directly to the Facility.
There are approximately 40% of the drivers in the State in the Reinsurance
Facility, roughly one million drivers. About 85% of those drivers
have their safe driver discount. Some reason other than an accident
or violation put those drivers in the Reinsurance Facility. They
had some risk characteristic(s) which indicated to the insurance
company that they may not be paying enough premiums to cover the
risk that they may create a loss for the insurance company.
- What
is the recoupment fee included in my insurance premium?
If
the premiums paid by the drivers insured through the Reinsurance
Facility were not sufficient to cover their losses and expenses,
the remaining losses and expenses were collected from all the drivers
in the State. The additional charge listed on your premium statement
is called the recoupment fee. It might be considered similar to
paying an IOU. The recoupment fee repays the losses and expenses
of the Reinsurance Facility which insurance companies have already
paid.
- Does
the law eliminate the recoupment fee?
The
recoupment fee will be eliminated gradually. Until 2002, all drivers
in this State will pay recoupment. It will not be included as a
surcharge on your bill. It will be included in your overall premium
and will be charged as a percentage of your liability premium. The
law caps recoupment at 10% of your liability premium. After 2002,
only drivers with violations will pay recoupment. Recoupment will
continue to be paid until the insurance companies are reimbursed
for the losses they have already paid.
- What
can I do if I cannot find an insurance company which will sell me
an automobile insurance policy?
As
of March 1,1999, drivers who cannot purchase insurance from an insurance
company can be insured by the South Carolina Associated Auto Insurers'
Plan (SCAAIP), which will replace the Reinsurance Facility. An insurance
agent or broker can apply for coverage for you through SCAAIP. You
must show that you have been refused by at least one insurance company,
agent or broker and why you were refused. It is anticipated the
SCAAIP rates will be higher than any rate you would pay if you were
able to purchase insurance through ordinary means; therefore, it
is very important to obtain quotes from a number of insurance companies.
There may be an insurance company which will write you at lower
rates than SCAAIP.
- How
can I reduce my automobile insurance costs?
To
reduce the overall cost of insurance, we have to reduce the losses
by having fewer accidents. It costs a great deal of money to repair
bodies and vehicles. If you want to reduce your insurance individually,
discuss your situation with your insurance agent or broker. Determine
what coverages you need. Purchase only the coverages you need. You
may have other ways to cover some risks, such as towing or rental
car coverages. Consider paying a larger deductible, but remember,
if you have an accident you will be responsible for paying a larger
portion of the costs. Shop for insurance as you would other products
or services. You may find an insurance company which will sell you
a policy cheaper than your current company. You should not only
consider price, however. Service is an important factor in purchasing
insurance.
- Under
the law, will I have to purchase liability insurance?
Prior
to February 1, 1999, every private passenger automobile was required
to have liability insurance to provide insurance coverage if the
driver of the automobile is at fault in the accident and injures
another person or damages another person's property. The laws of
this State require minimum coverage of $15,000 if one person is
injured in an accident; $30,000 if more than one person is injured;
and $10,000 for property damage. Higher limits of coverage could
be purchased. Beginning February 1, 1999, the requirement to carry
liability insurance is eliminated, unless the driver has certain
violations on his record or there is a driver in the household who
has been licensed for less than three years.
- What
must I do if I do not want to purchase automobile insurance?
A driver
can make an annual payment of $550 Uninsured Motorist Fee and drive
an uninsured vehicle. The fee is paid to the Department of Public
Safety at the time you register your uninsured vehicle. The fee
will cover only the vehicle registered. You must pay $550 for each
vehicle you want to register as an uninsured vehicle. THIS IS NOT
INSURANCE. If you cause an accident, you will be personally responsible
for any injuries and damages caused.
- What
violations will prevent me from registering an uninsured vehicle upon
payment of the $550.00 fee?
If
you are convicted of any of the following violations, you will not
be able to register or drive an uninsured vehicle in this State:
- disobeying
an official traffic device,
- failing
to stop for a law enforcement when signaled,
- disobeying
an officer directing traffic;
- failing
to stop for a school bus,
- leaving
the scene of an accident involving bodily injury or property damage,
- stealing
or unlawfully taking a vehicle,
- racing
on public highways,
- driving
under the influence of alcohol or drugs where injury to a person
in an amount more than $600 or damage to property in an amount
more than $1000 results,
- injuring
a person (in an amount more than $600) or damaging property (in
an amount more than $1000) as a result of reckless driving,
- committing
homicide or assault with a motor vehicle,
- committing
a felony involving the use of a motor vehicle,
- transporting
illegal whiskey or unlawful drugs or other controlled or narcotic
substances,
- committing
reckless homicide,
- willfully
making false statements in application for license or registration,
- impersonating
an applicant for license or registration or procuring a license
or registration through impersonation,
- any
three or more moving violations,
- (any
two or more accidents for which the owner is responsible where
injury to a person in an amount more than $600 or damage to property
in an amount more than $1000 results.
Three
years after you have been convicted of any of the above violations,
you will be eligible to register an uninsured vehicle. Also, if
there is a driver in the household who has been licensed for less
than three years, you will not be able to register an uninsured
vehicle.
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