SB 5871

S-3567.2
  SENATE BILL 5871
State of Washington       69th Legislature  2026 Regular Session
By Senators Cortes, Dozier, Hasegawa, and Lovick
Prefiled 12/11/25. Read first time 01/12/26.       Referred to Committee
on Business, Trade & Economic Development.
1     AN ACT Relating to motor vehicle glass repair claims; amending
2 RCW 48.30.340; adding a new chapter to Title 48 RCW; recodifying RCW
3 48.30.340; and providing an effective date.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
5     NEW SECTION.    Sec. 1.    The definitions in this section apply
6 throughout   this  chapter   unless  the   context  clearly  requires
7 otherwise.
8     (1) "Advanced driver assistance system" means any motor vehicle
9 electronic safety system, as outlined in the most recent version of
10 SAE international's SAE J3016 levels of driving automation, that is
11 designed to support the driver and motor vehicle in a manner intended
12 to:
13     (a) Increase motor vehicle safety; and
14     (b) Reduce losses associated with motor vehicle crashes.
15     (2)(a) "Insurance producer" means an individual or business
16 entity required to be licensed under the laws of this state to sell,
17 solicit, or negotiate insurance or annuity contracts.
18     (b) "Insurance producer" includes an agent, a managing general
19 agent, a surplus line broker, a reinsurance intermediary broker and
20 manager, a rental vehicle agent and rental vehicle agent managing
21 employee, and a consultant.
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1     (3) "Insured" means a person that is entitled, or may be
2 entitled, to receive first-party benefits or payments under an
3 insurance policy.
4     (4) "Motor vehicle glass" means the glass and nonglass parts
5 associated with the replacement of the glass used in the windshield,
6 doors, or windows of a motor vehicle.
7     (5) "Motor vehicle glass repair shop" means any person, including
8 the person's employees and agents, that for consideration engages in
9 the repair or replacement of damaged motor vehicle glass.
10     (6) "Notice" means direct written communications that are easily
11 accessible by the consumer, including verifiable text, email, or app-
12 based messaging.
13     (7) "Repair or replacement" includes:
14     (a) Inspecting, repairing, restoring, or replacing damaged motor
15 vehicle glass; and
16     (b) Calibrating or recalibrating an advanced driver assistance
17 system when an incident requires the replacement of damaged motor
18 vehicle glass.
19     (8) "Rights or benefits under the policy" includes the insured's
20 right to receive any postloss benefits or payments available or
21 payable under the policy including, but not limited to, claim
22 payments.
23     NEW SECTION.    Sec. 2.    (1) An insured under a property and
24 casualty insurance policy may not, either prior to or after a claimed
25 or covered loss, assign, delegate, or otherwise transfer, in whole or
26 in part, to any other person, the insured's:
27     (a) Duties under the policy; or
28     (b) Rights or benefits under the policy.
29     (2) Any contract entered in violation of this section is void and
30 unenforceable.
31     (3) Nothing in this section may be construed to prohibit an
32 insured from authorizing or directing payment to, or paying, a person
33 for services, materials, or any other thing which may be, or is,
34 covered under an insurance policy.
35     NEW SECTION.   Sec. 3.    (1) Prior to providing service to an
36 insured for the repair or replacement of damaged motor vehicle glass,
37 a motor vehicle glass repair shop must notify the insured of whether
38 the motor vehicle has an advanced driver assistance system. If the
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1 motor vehicle has an advanced driver assistance system, the motor
2 vehicle glass repair shop must further notify the insured of the
3 following:
4     (a) Whether calibration or recalibration of the motor vehicle's
5 advanced driver assistance system is needed after a windshield repair
6 or replacement as recommended by the vehicle manufacturer;
7     (b) Whether the motor vehicle glass repair shop intends to
8 calibrate or recalibrate the advanced driver assistance system in a
9 manner that meets the motor vehicle manufacturer's specifications;
10 and
11     (c) If the motor vehicle glass repair shop is not capable of
12 performing or does not intend to perform a calibration or
13 recalibration referenced in (a) of this subsection, that the motor
14 vehicle should be taken to the vehicle manufacturer's certified
15 dealership or a qualified specialist capable of performing the
16 calibration or recalibration.
17     (2) If calibration or recalibration of the motor vehicle's
18 advanced driver assistance system is performed, the motor vehicle
19 glass repair shop must provide written notice to the insured:
20     (a) As to whether the calibration or recalibration was
21 successful; and
22     (b) If the calibration or recalibration was not successful, that:
23     (i)   The   motor  vehicle  should   be  taken   to  the   vehicle
24 manufacturer's certified dealership or a qualified specialist capable
25 of performing the calibration or recalibration; and
26     (ii) The insured should not rely on the advanced driver
27 assistance system until it has been successfully calibrated or
28 recalibrated by the vehicle manufacturer's certified dealership or a
29 qualified specialist capable of performing the calibration or
30 recalibration.
31     NEW SECTION. Sec. 4. (1) A motor vehicle glass repair shop may
32 not contract with a person for the repair or replacement of damaged
33 motor vehicle glass to be paid for under a first-party insurance
34 policy until all of the following are satisfied:
35     (a) The person has made a first-party claim for the repair or
36 replacement of damaged motor vehicle glass under a motor vehicle
37 insurance policy;
38     (b) The motor vehicle glass repair shop has received a claim or
39 referral number for the claim under (a) of this subsection; and
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1     (c) The requirements of section 3(1) of this act are satisfied.
2     (2) A motor vehicle glass repair shop shall:
3     (a) Provide the insured a good faith estimate of the fees and
4 costs that are anticipated to be charged to the insured by the motor
5 vehicle glass repair shop for the repair or replacement of damaged
6 motor vehicle glass;
7     (b) Prior to performing service, provide the insured an updated
8 estimate; and
9     (c) Not charge more than the reasonable and customary fees and
10 costs to an insured for a repair or replacement of damaged motor
11 vehicle glass and any associated calibration or recalibration of the
12 motor vehicle's advanced driver assistance system as recommended by
13 the vehicle manufacturer's specifications.
14     (3) A motor vehicle glass repair shop shall provide the insured
15 upon completion of a repair or replacement of damaged motor vehicle
16 glass:
17     (a) An itemized invoice and, upon payment, a receipt; and
18     (b) Written notice that states whether or not the advanced driver
19 assistance system was successfully calibrated or recalibrated as
20 required under section 3(2) of this act.
21     NEW SECTION. Sec. 5. (1) A motor vehicle glass repair shop, or
22 any other person who is compensated for the solicitation of insurance
23 claims, may not offer a rebate, gift, gift card, cash, coupon, fee,
24 prize, bonus, payment, incentive, inducement, or any other thing of
25 value to any insured, insurance producer, or other person in exchange
26 for directing or making a claim under a motor vehicle insurance
27 policy for a repair or replacement of damaged motor vehicle glass.
28     (2) A motor vehicle glass repair shop may not:
29     (a) Charge higher fees and costs to an insured for a repair or
30 replacement of damaged motor vehicle glass than are reasonable and
31 customarily charged in this state;
32     (b) Submit false, misleading, or incomplete documentation or
33 information to an insured or an insured's insurer, including any
34 agent of the insured or insurer, for a repair or replacement of
35 damaged motor vehicle glass;
36     (c) With respect to an insured's claim or potential claim for a
37 repair or replacement of damaged motor vehicle glass, do the
38 following, which results, or would result, in a higher insurance
39 payment or a change of insurance coverage status:
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1     (i) Indicate that work was performed in a geographical area that
2 was not the geographical area where the work occurred; or
3     (ii) Advise an insured to falsify the date of damage;
4     (d) Falsely sign a work order or other insurance-related form
5 relating to an insured's claim, or potential claim, for a repair or
6 replacement of damaged motor vehicle glass;
7     (e) Misrepresent to an insured or the insured's insurer,
8 including any agent of the insured or insurer, the price of a
9 proposed repair or replacement of damaged motor vehicle glass;
10     (f) State that an insured's insurer has approved a repair or
11 replacement of damaged motor vehicle glass without:
12     (i) Verifying coverage directly with, or obtaining approval
13 directly from, the insurer or the insurer's agent; and
14     (ii) Obtaining confirmation of the coverage or approval by
15 facsimile, email, or other written or recorded communication;
16     (g) State that a repair or replacement of damaged motor vehicle
17 glass will be paid for entirely by an insurer and at no cost to the
18 insured unless the coverage has been verified by the insurer or the
19 insurer's agent; or
20     (h) With respect to an insured's claim or potential claim for a
21 repair or replacement of damaged motor vehicle glass:
22     (i) Damage, or encourage an insured to damage, the motor vehicle
23 in order to increase the scope of the repair or replacement of
24 damaged motor vehicle glass;
25     (ii) Perform work that is clearly and substantially beyond the
26 level of work necessary to restore the motor vehicle to a safe
27 predamaged condition in accordance with accepted or approved
28 reasonable and customary techniques for the repair or replacement of
29 damaged motor vehicle glass;
30     (iii) Misrepresent the motor vehicle glass repair shop's
31 relationship to an insured or the insurer's agent; or
32     (iv)   Perform  any   other   act   that  constitutes   fraud  or
33 misrepresentation.
34     (3) Any notice or invoice required under this chapter must be
35 issued in the same size font as the invoice, estimate, or receipt.
36     (4) There is a presumption that a motor vehicle glass repair shop
37 is acting knowingly in violation of this section if the motor vehicle
38 glass repair shop engages in a regular and consistent pattern of
39 activity prohibited under this section.
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1     NEW SECTION.   Sec. 6.   (1) In accordance with RCW 48.30.340(1)
2 (as recodified by this act), an insured that makes a first-party
3 claim for a repair or replacement of damaged motor vehicle glass
4 under a motor vehicle insurance policy may not be required to use a
5 particular motor vehicle glass repair shop to receive claim payments
6 or other benefits under the policy.
7     (2) This section may not be construed to:
8     (a) Prohibit an insurer, insurance producer, insurance adjuster,
9 or any person acting on behalf of an insurer, insurance producer, or
10 insurance adjuster from recommending a motor vehicle glass repair
11 shop or providing an explanation to an insured of the coverage
12 available, and any applicable liability limit, under any insurance
13 policy;
14     (b) Prohibit an insurer from maintaining a network of motor
15 vehicle glass repair shops, subject to the requirements of RCW
16 48.30.340 (as recodified by this act); or
17     (c) Create a private cause of action.
18     NEW SECTION.    Sec. 7.    The commissioner may adopt rules as
19 necessary, including penalties applicable to motor vehicle glass
20 repair shops, to implement and administer this chapter.
21     NEW SECTION. Sec. 8. This chapter applies to insurance policies
22 issued or renewed on or after the effective date of this section.
23     NEW SECTION. Sec. 9. This chapter may be known and cited as the
24 Washington motor vehicle glass act.
25     NEW SECTION.    Sec. 10.     Sections   1   through   9   of   this   act
26 constitute a new chapter in Title 48 RCW.
27     Sec. 11.   RCW 48.30.340 and 2007 c 74 s 1 are each amended to
28 read as follows:
29     (1) A person in this state has the right to choose any ((glass
30 repair facility)) motor vehicle glass repair shop for the repair of a
31 loss relating to motor vehicle glass.
32     (2) An insurer or its third-party administrator that owns in
33 whole or in part ((an automobile glass repair facility)) a motor
34 vehicle glass repair shop that is processing a claim limited only to
35 auto glass shall:
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1     (a) Verbally inform the person making the claim of loss, of the
2 right provided under subsection (1) of this section, at the time
3 information regarding the ((automobile glass repair or replacement
4 facilities)) motor vehicle glass repair shop is provided; and
5     (b) Verbally inform the person making the claim of loss that the
6 third-party administrator is an entity separate from the insurer that
7 has a financial arrangement to process automobile glass claims on the
8 insurer's behalf.
9     (3) An insurer or its third-party administrator that owns an
10 interest in ((an automobile glass repair or replacement facility)) a
11 motor vehicle glass repair shop shall post the following notice in
12 each of its repair facilities:
13     "THIS ((AUTOMOBILE GLASS REPAIR OR REPLACEMENT FACILITY)) MOTOR
14 VEHICLE GLASS REPAIR SHOP IS OWNED IN WHOLE OR IN PART BY (NAME OF
15 INSURER OR INSURER'S THIRD-PARTY ADMINISTRATOR). YOU ARE HEREBY
16 NOTIFIED THAT YOU ARE ENTITLED UNDER WASHINGTON LAW TO SEEK REPAIRS
17 AT ANY ((AUTOMOBILE GLASS REPAIR OR REPLACEMENT FACILITY)) MOTOR
18 VEHICLE GLASS REPAIR SHOP OF YOUR CHOICE."
19     The notice must be posted, in not less than ((eighteen)) 18 point
20 font, prominently in a location in which it is likely to be seen and
21 read by a customer. If the ((automobile glass repair or replacement
22 facility)) motor vehicle glass repair shop is mobile, the notice must
23 be given to the person making the claim verbally by the insurer or
24 its third-party administrator prior to commencement of the repair or
25 replacement.
26     (4) A person making a claim of loss whose motor vehicle is
27 repaired at ((an automotive glass repair or replacement facility)) a
28 motor vehicle glass repair shop subject to the notice requirements of
29 this section may file a complaint with the office of the insurance
30 commissioner.
31     (5) This section does not create a private right or cause of
32 action to or on behalf of any person.
33     NEW SECTION. Sec. 12. RCW 48.30.340 is recodified as a section
34 in chapter 48.--- RCW (the new chapter created in section 10 of this
35 act).
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1 NEW SECTION.   Sec. 13.   This act takes effect July 1, 2026.
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