§ 28-4 Motor Vehicles - Accident Caused by Unknown Owner/operator (a/k/a "john Doe Action")

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 28-4 Motor Vehicles - Accident Caused by Unknown Owner/Operator (a/k/a "John Doe Action")

If the owner or operator of any vehicle causing bodily injury or property damage to the plaintiff is unknown, an action may be instituted against the unknown defendant as "John Doe" [and service of process may be made by delivering a copy of the summons and complaint or other pleadings to the clerk of the court in which the action is brought]. The insurer has the right to defend in the name of "John Doe."

South Carolina Code Section 38-77-170, titled "Conditions to sue or recover . . . when owner or operator of motor vehicle causing injury or damage is unknown," provides in pertinent part:

If the owner or operator of any motor vehicle which causes bodily injury or property damage to the [plaintiff] is unknown, there is no right of action or recovery. unless:

(1) the

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