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Totaled car? New WA law stops insurers from lowballing payout or repairs

Apr 23, 2025, 5:00 AM

WA insurance law...

A totaled car. (Photo: @BobnRenee via Flickr Creative Commons)

(Photo: @BobnRenee via Flickr Creative Commons)

If you鈥檝e ever had your car banged up and felt like your insurance company lowballed the repair estimate or the total value of your car, the Washington State Senate just did something you鈥檙e going to want to hear about.

In a 29-20 vote Tuesday, the Senate gave the green light to , which is all about putting more power back in the hands of drivers when they disagree with their insurer over the value of damage to their car.

The House passed the bill with overwhelming support (96-1), and the Senate has now agreed to the House鈥檚 amendments, meaning the bill is heading to the governor鈥檚 desk.

What鈥檚 this bill really about?

At its core, ESB 5721 guarantees your right to an independent appraisal if you think your insurance company is lowballing you on how much your damaged car is worth鈥攁nd it applies to first-party claims, meaning your insurance covering your vehicle, not someone else鈥檚.

Starting January 1, 2026, every auto policy in the state would have to include a provision that allows either you or your insurer to request an appraisal if you can’t agree on the amount of damage or what your car is worth after a wreck.

Basically, it creates a formal 鈥渓et鈥檚 get a second opinion鈥 system that both sides have to follow.

How does the process work?

Let鈥檚 say your insurance company tells you your crumpled front end is worth $2,000 in damage, and you say, 鈥淣o way, it鈥檚 more like $6,000.鈥 With this new law:

  • You or your insurer can demand an appraisal.
  • Both sides pick a competent and neutral appraiser.
  • If the two appraisers can鈥檛 agree, they bring in a third-party umpire.
  • That umpire is chosen by both sides or, if necessary, appointed by the Office of the Insurance Commissioner (OIC).
  • The result of the appraisal is binding, so there鈥檚 no more back-and-forth or drawn-out legal drama.

Under the original version of the bill, if the appraisal showed your damage was at least $500 more than what your insurance company first offered, the insurer would鈥檝e had to pay for your appraisal costs.

But the House removed that aspect. So now, both sides cover their own costs鈥攂ut the process still beats hiring a lawyer and spending months in court.

Why this matters

People are fed up with AI-generated damage estimates based on a couple of photos. Multiple people testified during the bill’s public hearings that their initial estimates were wildly low, sometimes 50% to 75% less than what actual repairs cost.

鈥淭his is about fairness,鈥 said Senator Derek Stanford (D-Bothell), the bill鈥檚 lead sponsor.

The Office of the Insurance Commissioner has reported a spike in complaints鈥88% of them tied to disagreements over car damage value and how claims are handled.

Not everyone鈥檚 cheering

Insurance companies are not exactly thrilled.

The Northwest Insurance Council and the American Property Casualty Insurance Association opposed the bill, arguing that it鈥檒l raise costs, slow down claims, and basically open the floodgates to endless appraisals鈥攅specially now that even a $500 gap can send things to arbitration.

Now that the Senate鈥檚 signed off on the final version, the bill is just one signature away from becoming law. If Washington Governor Bob Ferguson signs it, this new rule kicks in for policies issued or renewed on or after January 1, 2026.

Matt Markovich is the 成人X站 Newsradio political analyst. Follow him on聽. Read more of his stories聽here.

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Totaled car? New WA law stops insurers from lowballing payout or repairs