BILL REQ. #: H-5058.1
State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 03/01/2004. Referred to Committee on Financial Institutions & Insurance.
AN ACT Relating to personal injury protection coverage for pedestrians accidentally struck by an insured automobile; and amending RCW 48.22.005.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 48.22.005 and 2003 c 115 s 1 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Automobile" means a passenger car as defined in RCW 46.04.382
registered or principally garaged in this state other than:
(a) A farm-type tractor or other self-propelled equipment designed
for use principally off public roads;
(b) A vehicle operated on rails or crawler-treads;
(c) A vehicle located for use as a residence;
(d) A motor home as defined in RCW 46.04.305; or
(e) A moped as defined in RCW 46.04.304.
(2) "Bodily injury" means bodily injury, sickness, or disease,
including death at any time resulting from the injury, sickness, or
disease.
(3) "Income continuation benefits" means payments for the insured's
loss of income from work, because of bodily injury sustained by the
insured in an automobile accident, less income earned during the
benefit payment period. The combined weekly payment an insured may
receive under personal injury protection coverage, worker's
compensation, disability insurance, or other income continuation
benefits may not exceed eighty-five percent of the insured's weekly
income from work. The benefit payment period begins fourteen days
after the date of the automobile accident and ends at the earliest of
the following:
(a) The date on which the insured is reasonably able to perform the
duties of his or her usual occupation;
(b) Fifty-four weeks from the date of the automobile accident; or
(c) The date of the insured's death.
(4) "Insured automobile" means an automobile described on the
declarations page of the policy.
(5) "Insured" means:
(a) The named insured or a person who is a resident of the named
insured's household and is either related to the named insured by
blood, marriage, or adoption, or is the named insured's ward, foster
child, or stepchild; or
(b) A person who sustains bodily injury caused by accident while:
(i) Occupying or using the insured automobile with the permission
of the named insured; or
(ii) A pedestrian accidentally struck by the insured automobile.
However, personal injury protection coverage is secondary to other
coverages the pedestrian has available for his or her injuries.
(6) "Loss of services benefits" means reimbursement for payment to
others, not members of the insured's household, for expenses reasonably
incurred for services in lieu of those the insured would usually have
performed for his or her household without compensation, provided the
services are actually rendered. The maximum benefit is forty dollars
per day. Reimbursement for loss of services ends the earliest of the
following:
(a) The date on which the insured person is reasonably able to
perform those services;
(b) Fifty-two weeks from the date of the automobile accident; or
(c) The date of the insured's death.
(7) "Medical and hospital benefits" means payments for all
reasonable and necessary expenses incurred by or on behalf of the
insured for injuries sustained as a result of an automobile accident
for health care services provided by persons licensed under Title 18
RCW, including pharmaceuticals, prosthetic devices and eye glasses, and
necessary ambulance, hospital, and professional nursing service.
Medical and hospital benefits are payable for expenses incurred within
three years from the date of the automobile accident.
(8) "Automobile liability insurance policy" means a policy insuring
against loss resulting from liability imposed by law for bodily injury,
death, or property damage suffered by any person and arising out of the
ownership, maintenance, or use of an insured automobile. An automobile
liability policy does not include:
(a) Vendors single interest or collateral protection coverage;
(b) General liability insurance; or
(c) Excess liability insurance, commonly known as an umbrella
policy, where coverage applies only as excess to an underlying
automobile policy.
(9) "Named insured" means the individual named in the declarations
of the policy and includes his or her spouse if a resident of the same
household.
(10) "Occupying" means in or upon or entering into or alighting
from.
(11) "Pedestrian" means a natural person not occupying a motor
vehicle as defined in RCW 46.04.320.
(12) "Personal injury protection" means the benefits described in
this section and RCW 48.22.085 through 48.22.100. Payments made under
personal injury protection coverage are limited to the actual amount of
loss or expense incurred.