(a) The court, or the clerk acting for the court, shall assign the arbitrators to hear the matter at the courthouse, or other designated place in the county where the claim is filed, within sixty days after the date of filing, or as soon thereafter as is feasible. The clerk of court shall, on a form provided by him, advise the parties or their attorneys of record, if any, by mail as to the place, date, and time of hearing and shall advise the parties to bring all records which may pertain to the claim, including, but not limited to, the following:
(1) Two estimates of damage to the motor vehicle or its contents signed by the estimator.
(2) Signed receipts for car repairs.
(3) Bills or receipts for other property damages claimed.
The forms shall also contain notice to the parties that, if they cannot attend because of illness or otherwise, the clerk of court must be notified as soon as possible with the request that another date be set for the hearing.
(b) Property damages must be awarded as provided by law, including, but not limited to, actual damages, loss of use, depreciation, and any other property damages which are the direct and proximate result of the accident.
(c) The parties may secure the attendance of witnesses by their voluntary appearance or may secure their attendance by subpoenas prepared and issued in accordance with the laws of this State.
HISTORY: Former 1976 Code Section 56-11-540 [1962 Code Section 46-750.138; 1974 (58) 2718] recodified as Section 38-77-740 by 1987 Act No. 155, Section 1.
Structure South Carolina Code of Laws
Chapter 77 - Automobile Insurance
Section 38-77-10. Declaration of purpose.
Section 38-77-20. Construction.
Section 38-77-30. Definitions.
Section 38-77-113. Conditions for waiver of license reinstatement fee.
Section 38-77-120. Requirements for notice of cancellation of or refusal to renew policy.
Section 38-77-126. Disclosure where rate level higher than lowest tier for that insurer or group.
Section 38-77-127. Insurer may issue verification of coverage electronically.
Section 38-77-130. Group automobile insurance; rate.
Section 38-77-140. Bodily injury and property damage limits; general requirements.
Section 38-77-143. Maintenance, selling, etc. policies and contracts to be primary.
Section 38-77-144. Personal injury protection (PIP) coverage not mandated.
Section 38-77-151. Collected funds to be placed in Uninsured Motorists Fund; use of funds.
Section 38-77-155. Distribution of funds; obtaining premium information.
Section 38-77-160. Additional uninsured motorist coverage; underinsured motorist coverage.
Section 38-77-161. Uninsured or underinsured coverage not required in excess or umbrella policy.
Section 38-77-220. Additional liability which automobile insurance policy need not cover.
Section 38-77-260. General release, assignment of claims, and like documents.
Section 38-77-270. Christian Science or any licensed healing art care and treatment.
Section 38-77-280. Collision coverage; comprehensive coverage.
Section 38-77-320. Enforcement of article; promulgation of regulations.
Section 38-77-340. Agreement to exclude designated natural person from coverage.
Section 38-77-341. Unfair trade practices.
Section 38-77-350. Form to be used when optional coverages are offered.
Section 38-77-370. Obligations of insurance-support organizations; access to personal information.
Section 38-77-395. Absence of liability or cause of action in certain situations; exceptions.
Section 38-77-400. Underwriting restrictions provided upon request of director.
Section 38-77-720. Number, qualifications, and compensation of arbitrators; fee paid by claimant.
Section 38-77-750. Enforcement of subpoenas; warrant to produce witnesses; certification of records.
Section 38-77-760. Decision of arbitrators.
Section 38-77-770. Right to appeal decision; procedures.
Section 38-77-830. Assigned Risk Pool.
Section 38-77-840. Powers of director.
Section 38-77-841. Information to be supplied by Associated Auto Insurers Plan producers.
Section 38-77-845. Review of applications.
Section 38-77-850. Confidentiality of information filed with director.
Section 38-77-860. Disclosure of reasons for director's decisions not required; liability.
Section 38-77-1110. Short title.
Section 38-77-1120. Definitions.
Section 38-77-1150. Prohibitions relative to disclosure or nondisclosure of information.