Prior to denying storage and towing costs, the insurer must do all of the following:
(1) Advise the first party claimant by phone or in writing before it stops payment for storage of the loss vehicle. This communication must be documented in the claim file. If it is a phone call, the documentation must include the date, time, name of the person contacted and a summary of the conversation;
(2) Provide reasonable time for the claimant to move the loss vehicle before stopping payment for storage. Five calendar days is considered reasonable time unless the claimant agrees to a shorter time period;
(3) Pay any and all reasonable towing charges unless otherwise provided in the applicable insurance policy.
[Statutory Authority: RCW
48.02.060 and
48.30.010. WSR 09-11-129 (Matter No. R 2007-08), § 284-30-394, filed 5/20/09, effective 8/21/09.]