- A. Pursuant to Section 15-78-140, political subdivisions are allowed to procure automobile liability insurance by becoming self-insured. Additionally, pursuant to Section 56-9-30 political subdivisions are exempted from the self-insured requirements contained in Chapter 9 of Title 56. However, pursuant to Section 56-10-10 political subdivisions who wish to be self-insured must still provide proof that adequate security is in place to meet the minimum coverage specified in Section 56-10-20.
B. Political Subdivisions must meet the following requirements to be self-insured with the Department of Motor Vehicles:
- (1) Apply annually to be self-insured. The application must be submitted at least thirty (30) days prior to the expiration of the current self-insured period.
- (2) Annually provide a recent actuary’s report, not more than six months old from the date of application, of the political subdivisions’s projected automobile liability losses for the upcoming self-insured period.
- (3) Annually provide proof that sufficient funds are available and will be maintained to cover the projected losses listed in the actuary’s report.
- (4) Annually provide a copy of the political subdivisions’s most recent financial statement, which shall be not more than six months old from the date of application.
- (5) If an Excess Liability Insurance Policy is in place, the political subdivision must designate the Department of Motor Vehicles as the Certificate holder on the policy.
C. All Other Self-Insured Applicants must meet the following requirements:
- (1) Apply annually to be self-insured. The application must be submitted at least thirty (30) days prior to the expiration of the current self-insured period and contain the information required by Section 56-9-60.
(2) Self-Insured funds for any claims account must be segregated in a federally insured savings or checking account or maintained in another federally insured account such as:
- (a) Money Market Accounts; or
- (b) Certificates of Deposits.
- (3) All accounts containing self-insured funds must either be payable to the South Carolina Department of Motor Vehicles or designate the Department as a lienholder. The account, however, shall be in the name of the Self-Insurer and all interest which accrues to the account shall belong to the Self-Insurer. The Department must also be notified when the term has expired for any certificates of deposit containing self-insured funds.
- (4) The Department must be provided copies of statements of accounts containing self-insured funds on at least a quarterly basis. Failure to provide the Department with copies of the quarterly statements of accounts for self-insured funds within thirty days of when such statements are due to the Department if grounds for cancellation of self-insured status.
- (5) Should the funds in the segregated self-insured account decrease by more than thirty percent in any given certificate year, the self-insurer must deposit additional funds into the segregated self-insured account within thirty days of that decrease to bring the account back at least the seventy percent funding level required for that self-insurance year.
- (6) If a self-insured person or company has applied for a renewal of their self-insurance at least thirty (30) days prior to expiration of their current self-insurance certificate issued by the Department, and the Department is unable to complete its review of the application before the self-insured person or company’s current self-insurance certificate expires and so long as the delay in reviewing the application is through no fault of the applicant, then the Department may issue a temporary extension of the self-insurance certificate in thirty (30) day increments. In no case may such extensions continue for more than ninety (90) days per application.
HISTORY: Added by SCSR 48-5 Doc. No. 5228, eff May 24, 2024.