Passed by the Senate March 8, 2007 YEAS 48   ________________________________________ President of the Senate Passed by the House April 4, 2007 YEAS 95   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5052 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 60th Legislature | 2007 Regular Session |
READ FIRST TIME 02/28/07.
AN ACT Relating to auto glass repair and third party administrators; and adding a new section to chapter 48.30 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 48.30 RCW
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) 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.
(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.