H-2148              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1475

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Winsley, Dellwo, K. Wilson, Chandler, Zellinsky, Beck, Day, Schmidt, Todd, Ferguson, D. Sommers and Wang)

Read first time 3/1/89.

AN ACT Relating to the measure of damages to a motor vehicle; and adding a new section to chapter 4.56 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.56 RCW to read as follows:

          In an action seeking damages for property damage to a motor vehicle, the measure of damages is the reasonable cost of repair or the difference between the value of the vehicle immediately before the damage occurred and the value after the damage occurred, plus a reasonable amount of damages for loss of use of the vehicle or the amount reasonably expended on a temporary replacement vehicle of a similar brand and in similar preaccident condition as the damaged vehicle for all time periods during which the vehicle is not available as a result of such damage.  When the cost to repair or replace the damaged motor vehicle exceeds the value of the vehicle immediately before the damage occurred, damages for the loss of use of the vehicle are limited  to the amount reasonably and actually expended for a temporary replacement vehicle of a similar brand and in similar preaccident condition as the damaged vehicle until the defendant has tendered full payment of property damage.