HOUSE BILL REPORT

HB 1475

BYRepresentatives Winsley, Dellwo, K. Wilson, Chandler, Zellinsky, Beck, Day, Schmidt, Todd, Ferguson, D. Sommers and Wang

Establishing the measure of damages for a motor vehicle.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers and Tate.

House Staff:Regina Jones (786-7191)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 28, 1989

BACKGROUND:

In an action for property damage to a motor vehicle, the measure of monetary damages is presently governed by common law.  The actual cost of repairing the vehicle, the diminution in value of the vehicle due to the property damage, and costs associated with loss of use of the vehicle are factors which are considered in assessing monetary damages.

SUMMARY:

SUBSTITUTE BILL:  The bill explicitly sets out the measure of monetary damages in an action for property damage to a motor vehicle.  Monetary damage is measured as the difference between the value of the vehicle immediately before the property damage occurred and the value after the property damage occurred, or the reasonable cost of repair.  Additionally, damages include a reasonable amount for loss of use of the vehicle or a reasonable amount spent on a similar replacement vehicle during the time the vehicle was unavailable because of the damage.  If the vehicle is damaged to the point of being a total loss, damages for loss of use of the vehicle are limited to the amount reasonably and actually spent for a similar temporary replacement vehicle.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The definition of the measure of damages is changed to specifically include the reasonable cost of repair.

The substitute clarifies that loss of use damages and replacement vehicle costs are limited to the reasonable cost of a similar temporary replacement vehicle for the time during which the damaged vehicle is unavailable.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Currently, Washington case law entitles an individual to damages which include a reasonable amount for a rental car.

House Committee - Testimony Against:      None Presented.