NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 898

SENATE BILL 193

 

 

AN ACT TO AMEND G.S. 20-279.21(b)(3) RELATING TO UNINSURED MOTORISTS PROVISION OF A MOTOR VEHICLE LIABILITY INSURANCE POLICY.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 20-279.21(b)(3), as the same appears in the 1963 Cumulative Supplement to Recompiled Volume 1C of the General Statutes of North Carolina, is hereby amended by adding a new sentence after the second sentence, at the end of line 18, to read as follows:

"Such provision shall further provide that a written statement by the liability insurer, whose name appears on the certification of financial responsibility made by the owner of any vehicle involved in an accident with the insured, that such other motor vehicle was not covered by insurance at the time of the accident with the insured shall operate as a prima facie presumption that the operator of such other motor vehicle was uninsured at the time of the accident with the insured, for the purposes of recovery under this provision of the insured's liability insurance policy."

Sec. 2.  G.S. 20-279.21(b)(3), as the same appears in the 1963 Cumulative Supplement to Recompiled Volume 1C of the General Statutes of North Carolina, is hereby amended by adding at the end thereof the following:

"For the purpose of this Section, an 'uninsured motor vehicle' shall be a motor vehicle as to which there is no bodily injury liability insurance and property damage liability insurance in at least the amounts specified in subsection (c) of G.S. 20-279.5, or there is such insurance but the insurance company writing the same denies coverage thereunder, or has become bankrupt, or there is no bond or deposit of money or securities as provided in G.S. 20-279.24 or G.S. 20-279.25 in lieu of such bodily injury and property damage liability insurance, or the owner of such motor vehicle has not qualified as a self-insurer under the provisions of G.S. 20-279.33, or a vehicle that is not subject to the provisions of the Motor Vehicle Safety and Financial Responsibility Act; but the term 'uninsured motor vehicle' shall not include:

1.         a motor vehicle owned by the named insured;

2.         a motor vehicle which is owned or operated by a self -insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law;

3.         a motor vehicle which is owned by the United States of America, Canada, a state, or any agency of any of the foregoing (excluding, however, political subdivisions thereof);

4.         a land motor vehicle or trailer, if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle; or

5.         a farm type tractor or equipment designed for use principally off public roads, except while actually upon public roads."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 10th day of June, 1965.