SENATE BILL REPORT

SHB 1475

BYHouse Committee on Judiciary (originally sponsored by Representatives 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

Senate Committee on Financial Institutions & Insurance

Senate Hearing Date(s):March 28, 1989; March 31, 1989; February 23, 1990

Senate Staff:Gerard Poliquin (786-7403)

AS OF FEBRUARY 19, 1990

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:

Damage to a motor vehicle is the difference between the value of the vehicle immediately before the damage occurred and the value after the damage occurred, or the reasonable cost of repair.  Damages also include a reasonable amount for loss of use of the vehicle or the amount reasonably spent for a replacement vehicle of a similar brand and condition as the damaged vehicle during the time the vehicle was unavailable.  If the vehicle is a total loss, damages for loss of use of the vehicle are limited to the amount reasonably and actually spent for a temporary replacement vehicle of similar brand and condition until full payment is tendered.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested