BILL REQ. #:  H-5060.1 

READ FIRST TIME 02/01/08.   

     AN ACT Relating to auto glass repair; and amending RCW 48.30.340.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 48.30.340 and 2007 c 74 s 1 are each amended to read as follows:
     (1) A person in this state has the right to choose any glass repair facility for the repair of a loss relating to motor vehicle glass.
     (2) At the time information regarding any automobile glass repair or replacement facility is discussed, an insurer or its third-party administrator ((that owns in whole or in part an automobile glass repair facility)) that is processing a claim limited only to auto glass shall:
     (a) Verbally inform the person making the claim of loss, of the right provided under subsection (1) of this section((, at the time information regarding the automobile glass repair or replacement facilities is provided; and));
     (b) Verbally inform the person making the claim of loss that the third-party administrator is an entity separate from the insurer that has a financial arrangement to process automobile glass claims on the insurer's behalf; and
     (c) Prior to making a recommendation, verbally ask the person making a claim for a loss if that person has chosen an automobile glass repair or replacement facility.
     (i) If a facility is indicated by the person, the insurer or its third-party administrator shall not recommend an automobile glass repair or replacement facility owned in whole or in part by the insurer or its third-party administrator as an alternative to the person's stated choice.
     (ii) If a facility is not indicated by the person and if the insurer or its third-party administrator owns in whole or in part the facility that is being recommended, the person making the claim must be provided with (A) a notice with the same content as the notice in subsection (3) of this section, and (B) a choice of automobile glass repair or replacement facilities that includes being provided a list of automobile glass repair or replacement facilities that are comparable and in reasonable proximity to the person.
     (3) An insurer or its third-party administrator that owns an interest in an automobile glass repair or replacement facility shall post the following notice in each of its repair facilities:

     "THIS AUTOMOBILE GLASS REPAIR OR REPLACEMENT FACILITY IS OWNED IN WHOLE OR IN PART BY (NAME OF INSURER OR INSURER'S THIRD-PARTY ADMINISTRATOR). YOU ARE HEREBY NOTIFIED THAT YOU ARE ENTITLED UNDER WASHINGTON LAW TO SEEK REPAIRS AT ANY AUTOMOBILE GLASS REPAIR OR REPLACEMENT FACILITY OF YOUR CHOICE."

     The notice must be posted, in not less than eighteen point font, prominently in a location in which it is likely to be seen and read by a customer. ((If the automobile glass repair or replacement facility is mobile, the notice must be given to the person making the claim verbally by the insurer or its third-party administrator prior to commencement of the repair or replacement.))
     (4) A person making a claim of loss whose motor vehicle is repaired at an automotive glass repair or replacement facility subject to the notice requirements of this section may file a complaint with the office of the insurance commissioner.
     (5) This section does not create a private right or cause of action to or on behalf of any person.