48.22.005 - Definitions. - Washington Statutes

Definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

     (1) "Automobile" means a passenger car as defined in RCW 46.04.382 registered or principally garaged in this state other than:

     (a) A farm-type tractor or other self-propelled equipment designed for use principally off public roads;

     (b) A vehicle operated on rails or crawler-treads;

     (c) A vehicle located for use as a residence;

     (d) A motor home as defined in RCW 46.04.305; or

     (e) A moped as defined in RCW 46.04.304.

     (2) "Bodily injury" means bodily injury, sickness, or disease, including death at any time resulting from the injury, sickness, or disease.

     (3) "Income continuation benefits" means payments for the insured's loss of income from work, because of bodily injury sustained by the insured in an automobile accident, less income earned during the benefit payment period. The combined weekly payment an insured may receive under personal injury protection coverage, worker's compensation, disability insurance, or other income continuation benefits may not exceed eighty-five percent of the insured's weekly income from work. The benefit payment period begins fourteen days after the date of the automobile accident and ends at the earliest of the following:

     (a) The date on which the insured is reasonably able to perform the duties of his or her usual occupation;

     (b) Fifty-four weeks from the date of the automobile accident; or

     (c) The date of the insured's death.

     (4) "Insured automobile" means an automobile described on the declarations page of the policy.

     (5) "Insured" means:

     (a) The named insured or a person who is a resident of the named insured's household and is either related to the named insured by blood, marriage, or adoption, or is the named insured's ward, foster child, or stepchild; or

     (b) A person who sustains bodily injury caused by accident while: (i) Occupying or using the insured automobile with the permission of the named insured; or (ii) a pedestrian accidentally struck by the insured automobile.

     (6) "Loss of services benefits" means reimbursement for payment to others, not members of the insured's household, for expenses reasonably incurred for services in lieu of those the insured would usually have performed for his or her household without compensation, provided the services are actually rendered. The maximum benefit is forty dollars per day. Reimbursement for loss of services ends the earliest of the following:

     (a) The date on which the insured person is reasonably able to perform those services;

     (b) Fifty-two weeks from the date of the automobile accident; or

     (c) The date of the insured's death.

     (7) "Medical and hospital benefits" means payments for all reasonable and necessary expenses incurred by or on behalf of the insured for injuries sustained as a result of an automobile accident for health care services provided by persons licensed under Title 18 RCW, including pharmaceuticals, prosthetic devices and eye glasses, and necessary ambulance, hospital, and professional nursing service. Medical and hospital benefits are payable for expenses incurred within three years from the date of the automobile accident.

     (8) "Automobile liability insurance policy" means a policy insuring against loss resulting from liability imposed by law for bodily injury, death, or property damage suffered by any person and arising out of the ownership, maintenance, or use of an insured automobile. An automobile liability policy does not include:

     (a) Vendors single interest or collateral protection coverage;

     (b) General liability insurance; or

     (c) Excess liability insurance, commonly known as an umbrella policy, where coverage applies only as excess to an underlying automobile policy.

     (9) "Named insured" means the individual named in the declarations of the policy and includes his or her spouse if a resident of the same household.

     (10) "Occupying" means in or upon or entering into or alighting from.

     (11) "Pedestrian" means a natural person not occupying a motor vehicle as defined in RCW 46.04.320.

     (12) "Personal injury protection" means the benefits described in this section and RCW 48.22.085 through 48.22.100. Payments made under personal injury protection coverage are limited to the actual amount of loss or expense incurred.

[2003 c 115 § 1; 1993 c 242 § 1.]

Notes: Severability -- 1993 c 242: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 242 § 7.]

Effective date -- 1993 c 242: "Sections 1 through 5 of this act shall take effect July 1, 1994." [1993 c 242 § 8.]