Autobomobile insurance arbitration

2025-2026 Bill 4732: Autobomobile insurance arbitration - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4732
STATUS INFORMATION
General Bill
Sponsors: Reps. Luck, Pope and Spann-Wilder
Document Path: LC-0512WAB26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Labor, Commerce and Industry
Summary: Autobomobile insurance arbitration
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Labor, Commerce and Industry

1/13/2026

House

Introduced and read first time (
House Journal-page 70
)

1/13/2026

House

Referred to Committee on
Labor, Commerce and Industry
(
House Journal-page 70
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
38-77-720
, RELATING TO PROPERTY DAMAGE LIABILITY CLAIMS ARBITRATION
FEES AND ARBITRATOR COMPENSATION, SO AS TO INCREASE FEES AND COMPENSATION; BY
AMENDING SECTION
38-77-730
, RELATING TO ARBITRATION CLAIM FILINGS, SO AS TO
REVISE FILING REQUIREMENTS; BY AMENDING SECTION
38-77-740
, RELATING TO
ARBITRATION CLAIM HEARINGS, SO AS TO PROVIDE ARBITRATORS MAY AWARD REASONABLE
ATTORNEY'S FEES AND COSTS TO THE PREVAILING PARTY; AND BY AMENDING SECTION
38-77-770
, RELATING TO THE RIGHT TO A DE NOVO APPEAL OF ARBITRATOR DECISIONS,
SO AS TO PROVIDE ARBITRATOR DECISIONS ARE ADMISSIBLE AS SUBSTANTIVE EVIDENCE OF
LIABILITY, DAMAGES, OR BOTH.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
38-77-720
of the S.C. Code is amended to read:

S
ection
38-77-720
.
(
a) The order of
reference shall establish a panel of arbitrators
,

each of whom must be a member of the bar and the members must be selected for
service in particular cases on some fair rotation basis. Three arbitrators
shall hear and determine each case and the decision of two of the three
arbitrators shall determine the issue. However, the parties to the dispute
may, by agreement, provide for determination of the disputed claim by one
arbitrator.

(
b)
Each arbitrator assigned to determine the claim may be compensated, not to
exceed
thirty-five
four hundred

dollars for his services and time, payable out of the funds of the court and
which may not be taxable as costs to either party.

(
c)
The claimant who is the moving party in seeking arbitration shall pay to the
clerk of court a fee of
ten
fifty

dollars.
Five
Twenty-five
dollars
must be retained by the clerk as the cost of filing the claim and final
judgment and
five
twenty-five

dollars must be used to pay the cost of service on the other party or parties.

S
ECTION 2.
S
ection
38-77-730
(b) of the S.C. Code is amended to
read:

(
b) The claim must be filed with the
clerk of court in the county in which the cause of action arose or where the
plaintiff or defendant resides. The claim must be filed
in
triplicate
with the clerk of court on forms to be provided by him. The
forms shall set forth the names of the parties, the date and place of the
accident, and the amount of property damage claimed. The clerk shall file one
copy in his office, and one copy must be served upon the defendant as provided
by law for service of summons and complaints. The sheriff, or such other
person, shall promptly serve the claim upon the defendant and shall receive the
sum of
five
twenty-five

dollars to defray the cost of securing this service. The sheriff, or such
other person, serving the process shall promptly file an affidavit of personal
service with the clerk of court on forms to be provided by the clerk.

S
ECTION 3.
S
ection
38-77-740
of the S.C. Code is amended by
adding:

(
d) The arbitrators, or the single
arbitrator, may award the prevailing party reasonable attorney's fees and
costs.

S
ECTION 4.
S
ection
38-77-770
of the S.C. Code is amended to read:

S
ection
38-77-770
. If any party is dissatisfied with the decision of the arbitrators,
or the single arbitrator, he may appeal within twenty days of the decision to
the court in which the claim is filed by service upon the other parties of a
notice of appeal. Every notice of appeal shall include a statement under oath
that the appeal is taken in good faith and not merely for the purpose of delay.
The trial on appeal must be a trial de novo
, where the
decision of the arbitrators, or the single arbitrator, shall be admissible as
substantive evidence of liability, damages, or both
.

S
ECTION 5. This act takes effect upon approval
by the Governor.

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This web page was last updated on January 13, 2026 at 2:39 PM