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

Asked almost 2 years ago - 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/

Attorney answers (1)

  1. Richard James Milham

    Contributor Level 10


    Lawyers agree


    Answered . 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... 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.

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