(1) Benefits payable pursuant to this
chapter shall be reduced by the amount of any other public or
private insurance available, less a proportionate share of
reasonable attorneys' fees and costs, if any, incurred by the
victim in obtaining recovery from the insurer. Calculation of a
proportionate share of attorneys' fees and costs shall be made
under the formula established in RCW 7.68.050 (9) through (14).
The department or the victim may require court approval of costs
and attorneys' fees or may petition a court for determination of
the reasonableness of costs and attorneys' fees.
(2) Benefits payable after 1980 to victims injured or killed
before 1980 shall be reduced by any other public or private
insurance including but not limited to social security.
(3) Payment by the department under this chapter shall be
secondary to other insurance benefits, notwithstanding the
provision of any contract or coverage to the contrary. In the
case of private life insurance proceeds, the first forty thousand
dollars of the proceeds shall not be considered for purposes of
any reduction in benefits.
(4) If the department determines that a victim is likely to
be eligible for other public insurance or support services, the
department may require the applicant to apply for such services
before awarding benefits under RCW 7.68.070. If the department
determines that a victim shall apply for such services and the
victim refuses or does not apply for those services, the
department may deny any further benefits under this chapter. The
department may require an applicant to provide a copy of their
determination of eligibility before providing benefits under this
chapter.
(5) Before payment of benefits will be considered victims
shall use their private insurance coverage.
(6) For the purposes of this section, the collection methods
available under RCW 7.68.125(5) apply.
[2011 c 346 § 703; 1995 c 33 § 3; 1985 c 443 § 16; 1980 c 156 § 4; 1977 ex.s. c 302 § 8; 1973 1st ex.s. c 122 § 13.]
NOTES:
Intent -- Retroactive application -- Effective date -- 2011 c 346: See notes following RCW 7.68.020.
Severability -- Effective date -- 1985 c 443: See notes following RCW 7.69.010.
Legislative intent -- "Public or private insurance" -- 1980 c 156: See note following RCW 7.68.020.