HB 1113 -
By Representative Ericks
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 48.05 RCW
to read as follows:
(1) An insurer defined under RCW 48.01.050 that holds an ownership
interest in an automotive repair facility defined under RCW 46.71.011
shall fully disclose such ownership interest to all claimants prior to
the initiation of any repairs at such automotive repair facility. The
notice required by this subsection shall be prominently posted at the
insurer-owned automotive repair facility in a location where it is
likely to be seen and read by a customer of the repair facility. The
notice must read as follows:
THIS REPAIR FACILITY IS OWNED IN WHOLE OR IN PART BY (NAME OF
INSURER). YOU ARE HEREBY NOTIFIED THAT YOU ARE ENTITLED TO OBTAIN
REPAIRS AT ANY REPAIR FACILITY OF YOUR CHOICE.
(2) In addition to the notice required under subsection (1) of this
section, such an insurer must provide notice to the claimant prior to
the initiation of any repairs at an automotive repair facility that the
insurer must make a good faith effort to honor a claimant's request for
repairs to be made in a specific repair shop, and cannot arbitrarily
deny such a request.
(3) A claimant whose motor vehicle is repaired at an automotive
repair facility subject to the notice requirements of subsection (1) of
this section may file a complaint with regard to that repair with the
office of the insurance commissioner.
(4) As used in this section, "automotive repair facility" does not
include a facility that both:
(a) Dismantles a vehicle only for the purpose of diagnosing the
extent of damage; and
(b) Refers the vehicle to an independently owned and operated
automotive repair facility for repair."
Correct the title.
EFFECT: Insurers must post notice of any ownership interest in an automotive repair facility at the facility. Claimants must be informed of any such ownership interest prior to the start of any repair work at an insurer-owned facility. Insurers must notify consumers prior to the start of any covered repair work that the insurer must make a good faith effort to honor the consumer's choice of repair shops. Claimants with repairs performed at an insurer-owned facility may file a complaint about the repairs with the Insurance Commissioner. Excludes facilities that diagnose damage and then refer a vehicle to an independent repair facility from the definition of "automotive repair facility."