SENATE BILL REPORT

HB 2470

As Reported By Senate Committee On:

Highways & Transportation, March 1, 2004

Title: An act relating to clarifying damages recoverable in highway accidents.

Brief Description: Clarifying damages recoverable in highway accidents.

Sponsors: Representatives Lovick and Clibborn; by request of Department of Transportation.

Brief History:

Committee Activity: Highways & Transportation: 2/24/04, 3/1/04 [DPA].

SENATE COMMITTEE ON HIGHWAYS & TRANSPORTATION

Majority Report: Do pass as amended.

      Signed by Senators Horn, Chair; Benton, Vice Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Kastama, Murray, Oke, Poulsen and Spanel.

Staff: Janice Baumgardt (786-7319)

Background: Any person operating a vehicle or moving an object on a public highway, and who causes damage to the highway because of illegal actions, negligence, or by exceeding the legal weight limits, is liable for the damages.

Summary of Amended Bill: Recoverable damages is defined to include expenses incidental to repairing the damage or cleaning of the accident site, including engineering costs, contract costs, traffic control activities, and equipment rental.

Amended Bill Compared to Original Bill: The word "reasonable" is added to describe damages.

Appropriation: None.

Fiscal Note: Available.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: This language will end divisive arguments when parties are trying to settle a case. The word "reasonable" should be added to describe damages.

Testimony Against: None.

Testified: PRO: Representative Lovick, prime sponsor; Bill Henselman, Washington State Department of Transportation; PRO with amendment: Kenton Brine, Progressive Corporation; Mel Sorenson, Property & Casualty Insurance, Allstate.