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Senate Bill Report — SB 5871, An Act Relating to Motor Vehicle Glass Repair Claims

Summary

A Senate Bill Report on SB 5871, An act relating to motor vehicle glass repair claims, as of January 9, 2026, for the Senate Committee on Business, Trade & Economic Development, with Senator Cortes as sponsor. The report's brief summary says the bill prohibits the assignment of an insured's duties, rights, or benefits under a property and casualty insurance policy, specifies duties and prohibited actions for motor vehicle glass repair shops, specifies an insured's right to choose a repair shop for a first-party claim, and authorizes the Office of the Insurance Commissioner to adopt rules. It also gives background on assignment of benefits and a 2007 state law on auto glass repair facilities.

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“Senate Bill Report — SB 5871, An Act Relating to Motor Vehicle Glass Repair Claims.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-01-14-a33597-d290262-5871-sba-bte-26-7ad9aa533b/, SHA-256 0896f6801e39412745444037a0c515b24051c9bcd0168dd4f921fdb4a4743345.

Full text

                             SENATE BILL REPORT
                                   SB 5871

                                       As of January 9, 2026

Title: An act relating to motor vehicle glass repair claims.

Brief Description: Regulating motor vehicle glass repair claims.

Sponsors: Senator Cortes.

Brief History:
     Committee Activity: Business, Trade & Economic Development: 1/14/26.


                                      Brief Summary of Bill
           • Prohibits the assignment of an insured's duties, rights, or benefits under a
             property and casualty insurance policy.
           • Specifies duties, conditions, and requirements for, and prohibited actions
             by, motor vehicle glass repair shops.
           • Specifies an insured's right to choose a motor vehicle glass repair shop
             when making a first-party insurance claim.
           • Authorizes the Office of the Insurance Commissioner to adopt rules.


SENATE COMMITTEE ON BUSINESS, TRADE & ECONOMIC DEVELOPMENT

     Staff: John Kim (786-7453)

     Background: Assignment of Benefits Under a Property and Casualty Insurance Policy.
     According to the National Association of Insurance Commissioners, an assignment of
     benefits (AOB) is an agreement signed by a policyholder that allows a third party, such as a
     repair company, to act on behalf of the insured and seek payment from the insurer. An AOB
     allows the third party to deal directly with the insurer in negotiating repairs and issuing
     payment directly to the third party without the policyholder's involvement. An AOB also




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

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     assigns the policyholder's rights and benefits in resolving a claim to the third party,
     including the right to sue after a denial and mediate the claim.

     Current state law does not specifically address the assignment of benefits under property
     and casualty insurance policies.

     Auto Glass Repair Facilities. A 2007 state law specifies that a person has the right to choose
     any glass repair facility for the repair of a loss relating to motor vehicle glass. An insurer or
     its third-party administrator that wholly or partially owns an auto glass repair facility
     processing an auto glass claim must disclose specified information to the person making the
     claim of loss and post a notice in each of its facilities.

     Summary of Bill: Prohibition of the Assignment of Duties, Rights, or Benefits Under a
     Property and Casualty Insurance Policy. An insured under a property and casualty insurance
     policy may not, either prior to or after a claimed or covered loss, assign, delegate, or
     otherwise transfer, in whole or in part, to any other person, the insured's duties under the
     policy or the insured's rights or benefits under the policy. Any contract entered in violation
     of this prohibition is void and unenforceable. An insured is not prohibited from authorizing
     or directing payment to, or paying, a person for services, materials, or any other thing which
     may be, or is, covered under an insurance policy.

     Rights or benefits under the policy is defined to include the insured's right to receive any
     post loss benefits or payments available or payable under the policy including, but not
     limited to, claim payments.

     Duties of Motor Vehicle Glass Repair Shops. A motor vehicle glass repair shop is defined
     as any person, including the person's employees and agents, that for consideration engages
     in the repair or replacement of damaged motor vehicle glass. Motor vehicle glass is defined
     as the glass and non-glass parts associated with the replacement of the glass used in the
     windshield, doors, or windows of a motor vehicle. Repair or replacement is defined to
     include inspecting, repairing, restoring, or replacing damaged motor vehicle glass; and
     calibrating or recalibrating an advanced driver assistance system when an incident requires
     the replacement of damaged motor vehicle glass.

     Duties of Motor Vehicle Glass Repair Shops Relating to a Motor Vehicle with an Advanced
     Driver Assistance System. Before providing service to an insured for the repair or
     replacement of damaged motor vehicle glass, a motor vehicle glass repair shop must notify
     the insured of whether the motor vehicle has an advanced driver assistance system.

     An advanced driver assistance system is defined as any motor vehicle electronic safety
     system, as outlined in the most recent version of the Society of Automotive Engineers
     International's (SAE International) SAE International J3016 Levels of Driving Automation,
     that is designed to support the driver and motor vehicle in a manner intended to increase
     motor vehicle safety and reduce losses associated with motor vehicle crashes.


Senate Bill Report                              -2-                                           SB 5871
     If the vehicle has such a system, the shop must further notify the insured of the following:
          • whether calibration or recalibration of the motor vehicle's advanced driver assistance
            system is needed after a windshield repair or replacement as recommended by the
            vehicle manufacturer;
          • whether the motor vehicle glass repair shop intends to calibrate or recalibrate the
            advanced driver assistance system in a manner that meets the motor vehicle
            manufacturer's specifications; and
          • if the motor vehicle glass repair shop is not capable of performing or does not intend
            to perform a calibration or recalibration, that the motor vehicle should be taken to the
            vehicle manufacturer's certified dealership or a qualified specialist capable of
            performing the calibration or recalibration.

     If calibration or recalibration of the motor vehicle's advanced driver assistance system is
     performed, the motor vehicle glass repair shop must provide written notice to the insured:
         • whether the calibration or recalibration was successful; and
         • if the calibration or recalibration was not successful, that:
                1. the motor vehicle should be taken to the vehicle manufacturer's certified
                   dealership or a qualified specialist capable of performing the calibration or
                   recalibration; and
                2. the insured should not rely on the advanced driver assistance system until it has
                   been successfully calibrated or recalibrated by the vehicle manufacturer's
                   certified dealership or a qualified specialist capable of performing the
                   calibration or recalibration.

     Notice is defined as direct written communications easily accessible by the consumer,
     including verifiable text, email, or app-based messaging.

     Other Conditions and Requirements for Motor Vehicle Glass Repair Shops. A motor
     vehicle glass repair shop may not contract with a person for the repair or replacement of
     damaged motor vehicle glass to be paid for under a first-party insurance policy until all of
     the following are satisfied:
         • the person has made a first-party claim for the repair or replacement of damaged
            motor vehicle glass under a motor vehicle insurance policy;
         • the motor vehicle glass repair shop has received a claim or referral number for the
            claim; and
         • the motor vehicle glass repair shop complies with the above notice requirements with
            respect to any advanced driver assistance system.

     A motor vehicle glass repair shop must:
        • provide the insured a good faith estimate of the fees and costs anticipated to be
          charged to the insured by the motor vehicle glass repair shop for the repair or
          replacement of damaged motor vehicle glass;
        • before performing service, provide the insured an updated estimate; and


Senate Bill Report                              -3-                                         SB 5871
         • not charge more than the reasonable and customary fees and costs to an insured for a
           repair or replacement of damaged motor vehicle glass and any associated calibration
           or recalibration of the motor vehicle's advanced driver assistance system as
           recommended by the vehicle manufacturer's specifications.

     Upon completion of a repair or replacement of damaged motor vehicle glass, a motor
     vehicle glass repair shop must provide the insured with an itemized invoice, and upon
     payment, a receipt; and written notice that states whether or not the advanced driver
     assistance system was successfully calibrated or recalibrated. Any required notice or invoice
     must be issued in the same size font as the invoice, estimate, or receipt.

     Prohibited Actions by Motor Vehicle Glass Repair Shops. A motor vehicle glass repair
     shop, or any other person who is compensated for the solicitation of insurance claims, may
     not offer a rebate, gift, gift card, cash, coupon, fee, prize, bonus, payment, incentive,
     inducement, or any other thing of value to any insured, insurance producer, or other person
     in exchange for directing or making a claim under a motor vehicle insurance policy for a
     repair or replacement of damaged motor vehicle glass.

     An insurance producer is defined as an individual or business entity required to be licensed
     under the laws of this state to sell, solicit, or negotiate insurance or annuity contracts and
     includes an agent, a managing general agent, a surplus line broker, a reinsurance
     intermediary broker and manager, a rental vehicle agent and rental vehicle agent managing
     employee, and a consultant.

     A motor vehicle glass repair shop may not do any of the following:
        • charge higher fees and costs to an insured for a repair or replacement of damaged
          motor vehicle glass than are reasonable and customarily charged in this state;
        • submit false, misleading, or incomplete documentation or information to an insured
          or an insured's insurer, including any agent of the insured or insurer, for a repair or
          replacement of damaged motor vehicle glass;
        • with respect to an insured's claim or potential claim for a repair or replacement of
          damaged motor vehicle glass, do the following, which results, or would result, in a
          higher insurance payment or a change of insurance coverage status:
              1. indicate that work was performed in a geographical area that was not the
                 geographical area where the work occurred; or
              2. advise an insured to falsify the date of damage;
        • falsely sign a work order or other insurance-related form relating to an insured's
          claim, or potential claim, for a repair or replacement of damaged motor vehicle glass;
        • misrepresent to an insured or the insured's insurer, including any agent of the insured
          or insurer, the price of a proposed repair or replacement of damaged motor vehicle
          glass;
        • state that an insured's insurer has approved a repair or replacement of damaged motor
          vehicle glass without verifying coverage directly with, or obtaining approval directly
          from, the insurer or the insurer's agent, and obtaining confirmation of the coverage or


Senate Bill Report                             -4-                                         SB 5871
           approval by facsimile, e-mail, or other written or recorded communication;
         • state that a repair or replacement of damaged motor vehicle glass will be paid for
           entirely by an insurer and at no cost to the insured unless the coverage has been
           verified by the insurer or the insurer's agent; or
         • with respect to an insured's claim or potential claim for a repair or replacement of
           damaged motor vehicle glass:
               1. damage, or encourage an insured to damage, the motor vehicle in order to
                  increase the scope of the repair or replacement of damaged motor vehicle glass;
               2. perform work that is clearly and substantially beyond the level of work
                  necessary to restore the motor vehicle to a safe pre-damaged condition in
                  accordance with accepted or approved reasonable and customary techniques for
                  the repair or replacement of damaged motor vehicle glass;
               3. misrepresent the motor vehicle glass repair shop's relationship to an insured or
                  the insurer's agent; or
               4. perform any other act that constitutes fraud or misrepresentation.

     There is a presumption that a motor vehicle glass repair shop is acting knowingly in the
     above acts if the motor vehicle glass repair shop engages in a regular and consistent pattern
     of such activity.

     Insured's Choice of Motor Vehicle Glass Repair Shop. An insured that makes a first-party
     claim for a repair or replacement of damaged motor vehicle glass under a motor vehicle
     insurance policy may not be required to use a particular motor vehicle glass repair shop to
     receive claim payments or other benefits under the policy.

     This does not:
        • prohibit an insurer, insurance producer, insurance adjuster, or any person acting on
           behalf of an insurer, insurance producer, or insurance adjuster from recommending a
           motor vehicle glass repair shop or providing an explanation to an insured of the
           coverage available, and any applicable liability limit, under any insurance policy;
        • prohibit an insurer from maintaining a network of motor vehicle glass repair shops,
           subject to current law requirements; or
        • create a private cause of action.

     Current requirements for insurer-owned facilities are preserved, except the term automobile
     glass repair facility is updated to motor vehicle glass repair shop.

     Rulemaking by the Office of the Insurance Commissioner. The Office of the Insurance
     Commissioner may adopt implementing rules as necessary, including penalties applicable to
     motor vehicle glass repair shops.

     Applicability. The provisions created by the bill apply to insurance policies issued or
     renewed on or after July 1, 2026.



Senate Bill Report                             -5-                                        SB 5871
     Short Title. The chapter created by the bill may be known and cited as the Washington
     Motor Vehicle Glass Act.

     Appropriation: None.

     Fiscal Note: Requested on January 7, 2026.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: The bill takes effect on July 1, 2026.




Senate Bill Report                             -6-                                 SB 5871


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