HOUSE BILL 1428
State of Washington
2021 Regular Session
ByRepresentatives Kirby, Ryu, Sutherland, and Pollet
Read first time 01/29/21.Referred to Committee on Consumer Protection & Business.
AN ACT Relating to automobile insurance policies; and adding a new section to chapter 48.22
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1.
A new section is added to chapter 48.22
RCW to read as follows:
(1) Every basic contract of automobile insurance must contain the following language: "When an automobile is deemed repairable, the automobile must be restored to its condition prior to the loss." Restoration of the automobile to its condition prior to the loss includes repair processes as defined in subsection (6)(b) of this section.
(2) Payment of a claim under a basic contract of automobile insurance for automobile physical damage must be based upon the reasonable and necessary costs at the claimant's chosen repair facility. The insurance company has the burden to prove the unreasonableness of vehicle repair procedures, charges, or both. Repair processes as defined in subsection (6)(b) of this section are deemed reasonable and necessary.
(3) Nothing in this section mandates that an insurance company pay for parts supplied by the original equipment manufacturer, except to the extent that the use of alternate parts would fail to restore the vehicle to its condition prior to the loss.
(4) The claimant's chosen repair facility may perform repair processes as defined in subsection (6)(b) of this section if the repair processes are reasonable and necessary to restore the automobile to its condition prior to the loss. Payment of the claim must not intentionally disregard or deny repair processes necessary to restore the automobile to its condition prior to the loss.
(6) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Basic contract of automobile insurance" means any automobile insurance policy that includes first-party coverage for automobile physical damage.
(b) "Repair processes" means the explicit processes, tolerances, and other technical requirements or instructions for the repair of a motor vehicle including scans, calibrations, or diagnostic tests of vehicle electronic systems that the motor vehicle manufacturer makes available to dealerships, independent repair shops, and insurers generally. "Repair processes" does not include position statements, recommendations, directives, suggestions, or advice regarding the use of any particular brand, type, or manufacturer of parts, tools, or equipment.
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