South Carolina H 4049: Automobile Insurance

Bill Text

2025-2026 Bill 4049 Text of Previous Version (Feb. 19, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 4049

Indicates Matter Stricken
Indicates 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 38-77-285 SO AS TO PROVIDE AUTOMOBILE INSURANCE APPRAISERS 
AND INSURERS MAY NOT REQUIRE INSUREDS TO USE CERTAIN FACILITIES TO REPAIR OR 
REPLACE DAMAGED AUTOMOBILE SAFETY GLASS, AND TO PROVIDE PENALTIES FOR 
VIOLATIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 3, Chapter 77, Title 
38 of the S.C. Code is amended by adding:

 Section 
38-77-285. (A) An automobile 
physical damage appraiser may not require that automobile safety glass repair 
or replacement work be performed or not be performed in or by a specified 
facility or glass shop.

 (B) An insurance company doing 
business in this State or third-party claims administrator, agent, or adjuster 
for such company may not:

 (1) required any insured to sue a 
specific person for the provision of automobile safety glass repair or 
replacement work; or

 (2) state that choosing a facility 
other than a glass shop participating in an automobile safety glass repair or 
replacement work program established by such company will or may result in 
delays in or a lack of guarantee for the automobile safety glass work.

 (C)(1) If there is any communication 
between a glass claims representative for an insurance company doing business 
in this State or a third-party claims administrator for such company and an 
insured regarding automobile safety glass repair or replacement work or 
automobile glass products, in the initial contact with the insured, such 
representative or claims administrator must state or disclose to the insured a 
statement substantially similar to the following: "You have the right to choose 
a licensed glass shop where the damage to your motor vehicle will be repaired. 
If you have a preference, please let us know."

 (2) A glass claims representative for 
an insurance company doing business in this State or a third-party claims 
administrator for such company may not provide an insured with the name of, 
schedule an appointment for an insured with, or direct an insured to, a 
licensed glass shop that is owned by:

 (a) such company;

 (b) such claims administrator; or

 (c) the same parent company as such 
insurance company or claims administrator, unless such representative or claims 
administrator provides the insured with the name of at least one additional 
licensed glass shop in the area where the automobile safety glass work is to be 
performed.

 (D) In addition to the penalties 
available under Section 38-2-10, a violation of this section constitutes an 
unfair trade practice under the South Carolina Unfair Trade Practices Act and 
is subject to remedies and penalties pursuant to Article 1, Chapter 5, Title 
39.

 (E) For purposes of this section, 
"automobile safety glass" means glass for which no deductible may be applied 
pursuant to Section 38-77-285(B) when being repaired or replaced.

SECTION 
2. This act takes effect upon approval by the Governor.

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This web page was last updated on February 19, 2025 at 10:59 AM