S-0682.1                   _______________________________________________

                                                     SENATE BILL 5140

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State of Washington                              53rd Legislature                             1993 Regular Session

By Senator Winsley

Read first time 01/15/93.  Referred to Committee on Law & Justice.

Establishing a measure of damages for a motor vehicle.

          AN ACT Relating to the measure of damages to a motor vehicle; and adding a new section to chapter 4.56 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.56 RCW to read as follows:

          In an action seeking damages for property damage to a motor vehicle, the measure of damages is the reasonable cost of repair or the difference between the value of the vehicle immediately before the damage occurred and the value after the damage occurred, whichever is less, plus a reasonable amount of damages for loss of use of the vehicle or the amount reasonably expended on a temporary replacement vehicle at not less than fifteen dollars per day for the time period in which the repairs can be reasonably completed.  When the cost to repair or replace the damaged motor vehicle exceeds the value of the vehicle immediately before the damage occurred, damages for the loss of use of the vehicle are limited to a reasonable amount for a temporary replacement vehicle until the defendant has tendered a reasonable offer.

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