Collins v. Doe, 352 S.C. 462

Summary

The Supreme Court of South Carolina held that a plaintiff seeking recovery under uninsured motorist coverage for an accident involving an unidentified driver must strictly comply with S.C. Code Ann. § 38-77-170(2). The court ruled that sworn trial testimony is not the functional equivalent of the witness affidavit required by the statute and reversed the Court of Appeals. A dissenting opinion would have treated the sworn testimony as satisfying the statute's fraud-prevention purpose.

Holdings

1. A witness's sworn trial testimony is not the functional equivalent of the sworn affidavit required by § 38-77-170(2). A plaintiff seeking to maintain a John Doe uninsured motorist action must strictly comply with the statute's affidavit requirement.
2. The sworn witness affidavit is a mandatory statutory prerequisite to maintaining an uninsured motorist action against an unknown driver.

Questions Presented

1. Whether a witness's sworn testimony at trial is the functional equivalent of the sworn affidavit required by S.C. Code Ann. § 38-77-170(2) when an uninsured motorist claim involves an unknown driver and no physical contact with the unknown vehicle.

Disposition

reversed