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Washington- Does WAC 284-30-391 "Methods and standards of practice for settlement of total loss..." apply to 3rd party claims?

Woodland, WA |

Farmers insurance is claiming that "WAC 284-30-391 Methods and standards of practice for settlement of total loss vehicle claims" doesn't apply to 3rd party claims. Is there anything to support this claim? Details are at http://abch.net/fr/

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Attorney answers 1

Posted

Clearly, violation of this WAC cannot be used to support a claim against a third party insurer under IFCA: http://apps.leg.wa.gov/RCW/default.aspx?cite=48.30.015 That is one of the major reasons I recommend my clients use their first party coverage (if available) to settle their property damage claims. I am assuming you don't have first party coverage. It looks like the third party insurer has decided there is comparative fault, and in my opinion WAC 284-30-391 probably won't be effective as a tool to get the insurer to give up their right to defend their insured's driving (liability). I strongly recommend you consult a competent attorney in your jurisdiction to discuss these issues as soon as possible.

Asker

Posted

Thanks so much.

Richard James Milham

Richard James Milham

Posted

You are welcome!

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