South Carolina Code 56-10-660. Database information disclosure; fee
(1) the individual;
Terms Used In South Carolina Code 56-10-660
- Database: means the motorist insurance database described in § 56-10-640. See South Carolina Code 56-10-620
- Department: means the Department of Motor Vehicles. See South Carolina Code 56-10-620
- Division: means the Department of Motor Vehicles. See South Carolina Code 56-10-620
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) the parent or legal guardian of an individual who is an unemancipated minor;
(3) the legal guardian of an individual who is legally incapacitated;
(4) a person who has power of attorney from the individual;
(5) a person who submits a notarized release from the individual that is dated no more than ninety days before the date the request is made;
(6) a person suffering loss or injury or against whom a claim is made for loss or injury in a motor vehicle accident in which the individual is involved, but only as part of an accident report authorized in § 56-9-351;
(7) a state or local government agency investigating, litigating, or enforcing the person’s compliance with the financial security requirements; or
(8) persons regulated under Title 38 of the 1976 Code for the purposes of paying or adjudicating claims and preventing fraud or abuse.
(B) The funds collected from this fee described by subsection (A) must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray its expenses.
(C) The State is not liable to any person for gathering, managing, or using information in the database pursuant to this article.
(D) No insurer is liable to any person for performing its duties under this article unless, and to the extent, the insurer commits a wilful and wanton act or omission.
(E) Insurers shall be required to pay only those actual costs attributed to the transmission to or retrieval of their records from the Department of Motor Vehicles, pursuant to regulations promulgated by the Department of Insurance. The funds collected from the insurers pursuant to this subsection must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray its expenses.