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Telehealth Laws by State 2020

Legal Assistant October 7, 2020Administrative Law, Business Law, Regulatory Law, Resources

What is telehealth? Imagine if your physician made a house call but didn’t physically have to be inside your home to treat you. That’s precisely what it is. You can think of it as a virtual consultation. A Zoom-call, if you will, with your doctor.

Contrary to what you might think, the concept of virtual doctor consultation isn’t new. It’s been around for a while now. The only difference is it has become necessary given the stay-at-home directives fueled by the COVID-19 pandemic.

So, how does telehealth work? And what are the state laws that govern telehealth services in the country? Here’s everything you need to know about it.

What Is Telehealth?

Telehealth is an all-encompassing term that refers to the delivery of health care, health information, and health education services through remote digital technologies. The most common of these include live video conferencing, remote patient monitoring, and mobile health apps.

Now, you might be wondering what the difference between telehealth and telemedicine is. While the two terms might sound similar and are often used interchangeably, telehealth encapsulates a much wider range of digital healthcare services. To better understand this, let’s first look at the definition of telemedicine.

What Is Telemedicine?

Telemedicine refers to the use of digital technologies to administer healthcare services to individuals who are geographically separated from their respective providers. So, a radiologist, for instance, who’s in an entirely different county, may read and interpret the diagnostic imaging results a patient received at a hospital that doesn’t have a resident radiologist on call.

Another telemedicine example would be a physician in one location conducting a live video consultation with a patient in a different location, for a non-life-threatening ailment.

Telemedicine refers to the specific practice of medicine using remote technologies, whereas telehealth is the blanket term that covers all aspects of the healthcare system, conducted using telecommunications technology.

So, wearable devices that record and transmit a patient’s vitals, healthcare education, remote communication from one provider to another, and telemedicine itself, are all telehealth examples of activities that extend beyond the scope of remote clinical care.

Veterinary telemedicine is also a new emerging field in telehealth that is especially helpful for pet owners who live in remote locations.

How Does Telehealth Work?

Telehealth relies on several different kinds of technology for effective deployment. Let’s explore the four main ones.

1. mHealth

mHealth is short for mobile health. With more than 90 percent of Americans owning cell phones and over 75 percent of them with smartphones, it makes sense for healthcare providers to leverage mobile devices to increase access to care.

mHealth is a collective term for the healthcare applications that patients install on their mobile devices to allow them to monitor their health metrics, set reminders for medication, schedule appointments, keep track of their medication, and provide a means of sharing critical information on their progress with clinicians.

2. Video Conferencing

These technologies make use of video conferencing tools, high-resolution cameras, and video scopes to provide medical access to patients who can’t travel to the appointment destination.

Video conferencing has long been used to provide healthcare for military personnel deployed overseas, inmates in correctional facilities, and patients in rural locations who may find it difficult to access specialized healthcare services.

Now, given the existing stay-at-home directives resulting from the COVID-19 pandemic, it has become more popular than it was a few months ago.

3. Remote Patient Monitoring

Remote patient monitoring or RPM for short involves reporting, collecting, transmitting, and evaluating patient health data using wearables, smartphone apps, mobile devices, and internet-enabled computers.

A patient would use an electronic device to track and record their vitals such as cardiac stats, blood pressure, heart rhythms, respiratory rates, oxygen levels, blood glucose levels, and any other relevant metrics, and transmit this data to the clinician remotely.

4. Storage and Transmission Technologies

These capture, store, and transmit patient health information for asynchronous service delivery. So, X-rays, MRIs, CAT scans, videos, photos, and text-based patient information, are collected, compiled, and sent to healthcare specialists for evaluation.

One they’ve reviewed all the data; they are better poised to develop a comprehensive treatment plan. The telehealth technologies used for storage and transmission are typically secure routers and servers. Email platforms are commonly used for this as well.

Pros and Cons of Telehealth

While telehealth does bring with it obvious benefits, it also has its fair share of drawbacks. Let’s examine some of the pros and cons of telehealth for both patients and doctors alike.

Pros

Advances a consumer-based business model – Clinicians and other healthcare providers can now expand their patient base beyond the physical institutions they work in. This allows them to create better and more convenient business models aligned to their patients’ needs.

RPM improves patient engagement – Telehealth is proving to be quite effective in reporting patient metrics right from the comfort of the patient’s own home. This is particularly important in teaching and encouraging self-care between hospital visits among individuals suffering from chronic conditions.

More patients have access to healthcare – With the ever-rising physician shortage in the country, telehealth helps to stretch out the provider networks to reach more people, particularly those who fall outside the scope of the normal care delivery channels.

Enhances clinical workflow efficiency – By triaging each case, prioritizing care delivery, and improving data capture, storage, and communication for better medical decision-making, telehealth has proven to be quite effective in increasing practice efficiency and patient satisfaction scores.

Increases the practice’s bottom line – By reducing the overhead costs and time constraints associated with each visit for both the patient and the provider, telehealth allows physicians to extend their working hours, therefore, capturing more billable time.

Since the cost of telehealth visits is much less than conventional on-site visits, and the applications are much cheaper to deploy compared to full-blown hospital appointments, this reduces the overall practice overheads. This, in turn, has a positive impact on the revenue generated by the practice.

Cons

Industry regulation – Telehealth regulations vary from one state to the next, and in many cases, are quite hard to decipher if you don’t have a legal background. Because of this, many providers are not aware of the telehealth regulations in their state, with some tools falling in the gray area of privacy and security.

Limited physical examination – For some physicians and other healthcare providers, a live video conference may not be enough to diagnose and treat a patient. Some physicians may prefer to conduct a physical examination on their patients before starting them off on a treatment course.

Equipment and technological constraints – Telehealth relies on software and hardware, all of which can be quite costly to acquire. Not to mention the cost of training the existing personnel on how to use the technology, as well as hiring additional IT staff.

HIPAA Guidelines for Telehealth

The 1996 Health Insurance Portability and Accountability Act (HIPAA) is a federal law that allows American workers and their families to continue to enjoy health insurance coverage when they change jobs.

The HIPAA law was designed to minimize the number of healthcare fraud and abuse cases by setting out industry-wide guidelines and standards for healthcare information and processes.

The Act also compels healthcare providers to handle patient health information in a manner that doesn’t compromise the patient’s privacy and the security of their information. This particular provision is highly relevant to telehealth. Here’s how.

The very same requirements for patient privacy, confidentiality, and information security that apply for in-person patient visits, are equally relevant for virtual visits conducted over video conference. It is the provider’s responsibility to protect all patient information.

It is for this precise reason that commercial-grade video conferencing tools like Facetime, Zoom, and Skype, do not support what would be termed as HIPAA-compliant video conferencing. These should, therefore, never be used for any purpose that would require the use of protected health information.

HIPAA Compliance Requirements

HIPAA compliance calls for the use of telehealth technologies that satisfy the following two criteria.

It needs to provide fully encrypted data transmission
It should not have any video storage features embedded in it

The technology service provider in question also needs to be willing to enter into a business associate agreement.

If you’re a patient using any kind of telehealth service, ensure that you ask the provider how your information will be protected during the remote healthcare encounter. That way, you know that your data is safe and secure during the session and after it concludes.

Telehealth Laws by State 2020

Although many states have come a long way to foster the provision of telehealth services, they still have a long way to go to ensure that virtual and remote healthcare services are reimbursed by insurance providers at the same level as in-person visits.

So far, there are only 10 states that require individuals to have a health plan in place to cover the cost of services delivered remotely, as it would if they received the same care in-person. This is known as payment parity.

The current law sets a payment parity baseline, although insurers and providers can negotiate for different rates above or below it. The 10 states that provide parity are:

Virginia
Utah
New Mexico
Missouri
Minnesota
Kentucky
Hawaii
Georgia
Delaware
Arkansas

Here’s why payment parity law is important. If it didn’t exist, health insurers could unilaterally decide to reimburse telehealth providers at 50 percent of what they would ordinarily receive for an identical in-person patient visit. The other issue that would potentially arise would be how the health plan would define a “telehealth service.”

Without the law, insurers may only refer to licensed physician services, completely overlooking the software, hardware, and other emerging technologies required to provide virtual healthcare services.

States That Have Enacted Telehealth Laws

Overall, 42 states and the District of Columbia have enacted laws that regulate telehealth and insurance service providers, with the spirit of the laws being to make healthcare more affordable and accessible to all, especially those living in rural America.

However, whether or not these laws are effective (in some states) is a whole other ball game. Case in point: Michigan, Massachusetts, Illinois, and Florida. These four states all have telehealth coverage laws in place. However, they don’t compel insurers to cover healthcare services delivered remotely via telehealth technologies.

Some states still don’t have any telehealth commercial insurance laws in place. These include:

Wyoming
Wisconsin
West Virginia
South Carolina
Pennsylvania
North Carolina
Idaho
Alabama

To be fair, Pennsylvania has been trying to pass a telehealth coverage law. Still, these efforts have been slowed down by state legislators attempting to attach abortion restrictions to the Bill.

Scope of Telehealth

In some states, the language used in the telehealth statutes is often limiting. For instance, a law may compel insurers to provide coverage for the same range of healthcare services deployed via telehealth in the same way they would during in-person patient visits. In such a case, you can tell that the intention of the law was noble, but the execution – well, not so much.

A law with that language expressly excludes RPM, since it is not technically a service that’s delivered in person. Some states have gone ahead to enact follow-up legislation to expand the scope of what constitutes virtual care, which in this case, also includes RPM. Mississippi, Virginia, New Mexico, Georgia, and Connecticut are just a few of the states that have taken steps to do this.

Twenty-four other states mandate coverage for what would be termed as “store and transmit” telehealth. So, healthcare services delivered without real-time doctor-patient communication would also be eligible for reimbursement.

For a more in-depth analysis of telehealth laws by state, check out the 50-State Survey of Telehealth Commercial Payer Statuses from Foley & Lardner.

When in Doubt, Consult an Attorney

Telehealth has certainly made it easier for individuals to access healthcare remotely. However, the laws governing reimbursement by insurance providers still have a long way to go in some states.

If you’re wondering whether your health plan covers telehealth services, or whether you’ll get reimbursed for providing telehealth services at payment parity baselines, get in touch with an insurance law attorney to help you understand what the laws in your state have to say about it.

If you have any legal questions concerning telehealth laws, chat online with a Laws101.com attorney.

How Much Does It Cost to Adopt a Child?

Legal Assistant October 7, 2020Family Law, Resources

Adoption gives several individuals and families a practical means of starting or expanding their family. It offers hopeful parents the unique opportunity to raise a child they otherwise wouldn’t have.

It gives couples grappling with infertility the chance to grow their family without incurring the financial risk and emotional strain that comes with IVF treatments. It provides a stable, loving home to children who need them.

It is no doubt one of the most meaningful and fulfilling journeys you’ll ever embark on. But, as great as the experience may be, the cost of adoption is something many hopeful parents struggle with.

What most people are not aware of is the fact that it can be quite an expensive process. And, many aren’t exactly sure what that looks like.

How much does it cost to adopt a child? What’s the process like? Here’s everything you need to know about it.

Adoption Process

Once you’ve decided that adoption is right for you, you’re now ready to begin the journey toward becoming an adoptive parent. Here’s an outline of the US adoption process.

Step 1: Choose the Type of Adoption

The first step involves choosing the adoption route you want to pursue. The process involved is different for each type of adoption, and largely depends on the following four factors.

Do you plan to go through infant adoption, or would you prefer to adopt an older child?
Are you looking toward a domestic or international adoption?
Do you want to adopt through the foster care system or privately?
Will you want to be in communication with the birth parents of your adoptive child, or would you prefer a closed adoption?

The answers to these questions will inform the best type of adoption for you.

Step 2: Research the Average Cost of Adoption

Once you’re clear on the adoption route you want to take, the next step involves understanding how much it will all cost. Keep in mind that the standard fees that apply in most addition processes include but are not limited to:

Advertising costs to maximize your chances of reaching potential mothers
All pregnancy-related expenses the birth mother incurs
The adoption professional’s fees
Adoption attorney fees and associated legal expenses
Travel and accommodation expenses
Home study costs

Ideally, you ought to work within your budget to ensure that you achieve your goal of becoming an adoptive parent, without blowing all your finances in the process. The average costs of domestic infant adoption are in the range of $40,000 and $50,000, according to a report from the Adoptive Families Magazine.

Step 3: Pick an Adoption Professional

When choosing an adoption professional to work with, it’s important to keep in mind that not all professionals work in the same way to provide their expert services in the same manner. Some work closely with you, holding your hand throughout the entire process, while others only step in to handle certain aspects of it.

When vetting an adoption professional, ensure that you ask all the right questions to get a clear picture of how much their services will cost. The last thing you need is to get shocking fee notes along the way. Some of the questions you want to ask include:

How do they find the birth parents?
What does their adoption process look like?
What’s the average wait time for the prospective adoptive parents they’ve worked with in the past?
Is there any financial protection they offer if the adoption plans fall through?
How much will the adoption cost – both entirely and in part?

Based on the answers to these questions, you’ll be in a better position to make a more informed decision on whether or not to retain their services. From there, you’ll be able to work closely with the adoption entity in question to create an adoption plan that fits your preferences.

These include things like whether you’d be okay with an open adoption or prefer it to be closed or semi-closed, as well as what type and level of contact you would be comfortable with both before, during, and after the birth.

Step 4: Complete a Home Study

This is a requirement for every single US adoption. It is usually conducted by a state social worker to educate and prepare you before the child comes to live with you.

The purpose of the home study is for the social worker to gather information on adopting parents to ensure that they can provide a healthy and stable living environment for the child.

Step 5: Become an Active Waiting Family

All adoptive parents will usually have to prepare a print and video profile that allows prospective birth mothers to get to know you and why you would be the best fit for their unborn child.

If you’re selected, pre-placement contact is the next logical step. If the birth mother finds you to be a good fit, then you can start preparing for the arrival of your baby. Keep in mind that the adoption isn’t final until the finalization step.

Step 6: Finalize the Adoption Process

Once the baby is born, and the birth mother gives the official consent to adoption, you’re now ready to take your baby home with you. You will then begin the process of petitioning the court for your adoption.

Once all the necessary legal forms have been filled, adoption papers signed by all parties involved, and post-placement visits completed, the judge will grant you legal custody of the child in the finalization hearing. You’ll then be awarded an adoption decree.

Foster to Adopt

Unlike private adoptions, the costs associated with adopting a child from foster care is usually funded by the state. So, if you can’t afford a private adoption but desperately want to become a parent, this is the best option for you.

Keep in mind that the age limit to adopt in US for the child in question is capped at 18 years. To become an adoptive parent, you need to be at least 21 years and over.

Seek Legal Guidance

Adopting a child is a deeply fulfilling process. Although it can be long, complicated, and emotionally draining, most adoptive parents will tell you that it’s all worth it in the end once you bring your child home.

If the costs associated with going through a private adoption are restrictive, adoption from foster care is a better option since it is fully funded by the state. If this is something you’re looking to pursue, speak to an adoption attorney to help guide you through the process.

If you have any legal questions concerning adoption, chat online with a Laws101.com family law attorney who specializes in adoption matters.

How to Legally Change Your Name

Legal Assistant October 7, 2020Administrative Law, Resources

You may want to change your name for any number of reasons. It may be because you’re newly-wed, or perhaps newly divorced. Maybe you don’t like your birth name and want something that’s a true reflection of who you are, to help people take you a little more seriously.

Maybe you’re going through a gender transition and want to adopt a name that resonates with who you are on the inside. Whatever your reason may be for wanting to go through a legal name change, the process generally involves filing a petition to request the court to change your existing name to a new one.

If this is something you want to pursue, this article provides a step-by-step guide on how to legally change your name, the restrictions that exist, and anything else you need to know about it.

Can You Use a Different Name Without Legally Changing It?

One of the most common questions we often get asked is – Can I change my name without having to go through the legal process. Technically, you can. After all, it is a free country.

It is not uncommon to come across individuals who are known by one name amongst their friends while having an entirely different set of names in their official documents.

Federal courts have ruled time and again that “common law” grants every citizen the right to change their name at will. This is embedded in the US Constitution. You just need to start using your preferred name to assume it, which is a process you can do legally.

The issue with going this route is that the name that appears on all your identifying documents cannot be changed without going through the official court process of changing your name legally.

So, without some form of legal proof that you’ve adopted a new name, the Social Security Administration will still recognize you by the existing details they have on you.

States That Allow Common Law Name Change

It’s also important to mention that although the majority of states across the US don’t specifically prohibit common-law name changes, they do regulate them in a way that essentially renders them virtually obsolete.

Take the State of Arizona, for instance. To change your name or any details on your driver’s license, you have to update the bio data on your social security card. Now, to change the name that appears on your social security card, you have to go through a legal name-change process in the courts.

In other states, you have the option of registering your new name as an “assumed name.” So, while you can indeed carry out a common-law name change, you will face some hurdles when trying to get identifying documents to reflect your new name.

So, there’s no escaping it. You have to get a court order that grants you the right to adopt your new name and use it in legal identification documents.

How Much Does It Cost to Change Your Name?

The associated fees for legally changing your name vary depending on the state and county you live in. Costs could range anywhere between $150 and $450. The charges usually include:

Court filing fees
If you want a certified copy of the order with an official seal on it (This typically costs $20 on average although it can be less)
Fees for a published newspaper notice
Fees for changing the name that appears on your birth certificate
Attorney fees for preparing the name change documents on your behalf
Attorney retainer for them to represent you in court hearings if someone opposes your name change

These are generally the charges that most states assess, although you might find some omitted and others included.

How to Legally Change Your Name: The Step-by-Step Process

The legal name change process is a relatively straightforward affair. Here’s what you need to do:

Complete a name-change petition form, an order stating the reason for wanting to legally change your name
File these documents with the court clerk and pay the required filing fees as stipulated by your state
Allow a judge to review these documents and grant the name-change decree
Publish a formal notice in the local newspaper in the form of an advertisement
Start using your new name

Keep in mind that, while it is possible to change your name to anything you’d like, there are some exceptions where a name change would be deemed illegal, or in some cases, invalid. You can’t change your name:

To escape from criminal or debt liability
To commit fraud or any other type of crime
To mislead others
To a confusing name that contains numerals or punctuation
To a name that offends, intimidates, is a racial slur, or is considered obscene

Name Change After Marriage

If you plan to adopt your husband’s last name after marriage, you don’t have to file a petition with the court. You can change the name on all your official documents by providing a certified copy of the marriage certificate instead.

If you plan to take a non-traditional approach, such as having the husband take their wife’s last name or creating a new last name for both spouses, you’ll have to go the court route.

Social Security Name Change

To change the name on your social security card, you’ll need to prove your identity, provide the required name change documents, fill out a new application for a social security card, and mail it to your local SSA office.

US Passport Name Change

To change the name on your passport, you’ll need to submit a duly-filled Form DS-5504, a passport photo, your current passport, and a name-change document (original or certified). This may be in the form of a divorce decree, marriage certificate, or name-change court order. Mail them to the address provided on Form DS-5504.

DMV Name Change

To change the name on your DMV documents, submit the following documents at your local DMV office.

Current title or any other acceptable proof of ownership
Duly-filled vehicle registration application
Current license, learner’s permit, non-driver ID, and six points of proof of identity and date of birth
Original or certified name change documents like a marriage certificate, divorce decree, or court order issued for the name change

Transgender Legal Gender Change

Can you legally change your gender? This is a common question among individuals in the transgender community. It all depends on the state you live in.

US states formulate their laws on birth certificates. While some states allow a person to change their name and sex, others don’t. Those that do allow, either issue an entirely new birth certificate with the amended details or change the existing one.

Some may require medical proof of gender reassignment surgery before they can approve a gender change request. It helps to check what the law in your state says about it.

A New Name Is Your Constitutional Right

If you were wondering how to legally change your name, well, now you know how to go about it. Provided that the reasons for the name change are valid and not for any sinister motives or criminal intent, the process is pretty straightforward.

Talk to a family law attorney to hold your hand through the process. If you have any legal questions on name-change, chat online with a Laws101.com attorney today.

Who Is Liable for an Accident on an Easement?

Legal Assistant October 7, 2020Personal Injury Law, Real Estate Law, Regulatory Law

You receive a letter in the mail from your utility company. It is a request to allow the county power lines to go through your property for the next five years as the city carries out major renovations on the public freeway nearby.

It’s a strange request. You’re left wondering whether that’s even legal. On further inquiry, you realize that five of your next-door neighbors have received similar requests.

This gets you thinking – what happens if there’s an accident? What if, while “digging for treasure,” your kids come into contact with an underground power line and end up getting electrocuted by it? Who would you sue for damages, and more importantly, would you get paid?

Who is liable for an accident on an easement? Here’s everything you need to know.

What Is an Easement?

First off, an “easement” is a legal right that refers to using an individual’s real property for a specific purpose and a specific duration. It essentially gives that person or entity the legal right to go through your land for the duration agreed upon, provided that the utility derived from it is consistent and adheres to the stipulated restrictions.

Although you would retain the title to your property, you would grant some form of a possessory interest in the land to the party that wishes to use it. An easement can be granted to anyone, including a neighbor, government agency, utility company, or even a privately owned corporation.

Easement vs Right of Way

If you’ve previously come across the term, you might be wondering what the difference between an easement and a right of way is. While the two may appear similar, they are not.

An easement grants one party the right to use another party’s property. This may be in the form of an appurtenant where the former has rights over the latter’s land.

It may also be gross; in which case the requesting party uses the owner’s land for the benefit of the adjoining properties. A drainage easement granted to your neighbor would be one such example, since it would prevent flooding in both properties and control runoff.

A right of way easement, on the other hand, allows one party to use the other party’s real property as a passage. So, the road that passes through or leads to your land would be an example of a right of way, especially if it is meant to provide a reasonable solution for travel.

This allows other people to access the road, and they’re granted this right by law. Under Right of Way, that portion of your land would be considered public property.

Who Is Responsible for Right of Way Maintenance?

The next logical question would be – If you’ve allowed a portion of your property to be used to grant public access or by a utility company, who would be responsible for carrying out maintenance on said section? Who is responsible for tree limbs on power lines, for instance?

Generally, if your property is being used for public utilities, it is the responsibility of the utility company in question or government to maintain the land to avoid disruption of services.

So, power companies with a utility easement, for instance, are responsible for clearing trees, low hanging limbs, fire hazards, vegetation, or even buildings on your property to allow for the construction and operation of power lines.

In all other easements, like one granted to a neighbor, the landowner must maintain it. Nonetheless, the party granted the right of way is legally obligated to restore the property to its original condition if it gets damaged.

Neighbor Easement Problems

Easement disputes among neighbors are more common than you may think. Here are two of the most frequent neighbor easement problems that often come up.

1. House Additions Blocked by Easements

Suppose you want to renovate your house and add an extra story to it. An attic floor seems to make perfect sense. But, doing so may impede your neighbor’s view, which would be in contravention of a negative easement that’s currently in force.

Maybe you’ve always wanted to build a swimming pool on your property, but you can’t because doing so would block the path your neighbor uses to access their house via an easement you granted them.

In such instances, it’s always a good idea to first bring up the matter to your neighbor and see if you can reach a reasonable compromise. If you can’t agree on a way forward, there’s nothing more you can do since you can’t unilaterally terminate an easement. You just have to figure out a way to convince them to vacate the agreement.

2. Repairing a Driveway or Road Used by Neighbors

If you granted your neighbor an easement to use a road on your property, and it needs to be repaired, it is technically your responsibility to maintain the driveway in question. You might, however, want to split the costs with them, since they are, after all, using the road to access their property.

Your best bet would be to try and take it up with them. If that doesn’t work and they don’t agree to a cost-sharing arrangement, visit the county clerk’s office and find out if there’s an ease-maintenance agreement on file. If there is – problem solved. If not, well, tough luck.

Accident Liability on an Easement

Now that you have some background on how easements work and are wondering who is liable for an accident on an easement, the truth is, there’s no straightforward answer to this. It all boils down to the language used to address liability in the agreement. This may change what the law would generally require.

In most cases, the easement rights holder, i.e., the party that directly benefits from the easement, is primarily liable for negligently creating a hazardous situation that may result in an accident. You may, however, also be liable to some extent if it’s argued on the rights facts.

If you also benefit from the easement, were aware of the hazardous situation that caused the accident, and did nothing to correct it, you may have a portion of the blame to bear.

If you have any legal questions on accident liability on an easement, talk to a specialized Laws101.com attorney today.

Do You Have to Have Insurance on a Boat?

Legal Assistant October 7, 2020Maritime Law, Personal Injury Law

The short answer is – yes. If you live in any one of the few states that require it, then you do.

But what if you don’t live in any of those states? Do you need boat insurance? Well, not necessarily. It doesn’t hurt to, especially if you want to use a slip or mooring at a marina where having boat insurance is mandatory.

So, what’s the bottom line? Do you have to have insurance on a boat? What could go wrong if you don’t? This article explores the answers to both these questions in depth.

What Is Boat Insurance and How Does It Work?

Boat insurance is financial protection against damages or injuries you may cause while boating. It is also designed to cover loss or damage to your vessel and/or trailer.

Just as you would with auto insurance for your vehicle, boat insurance allows you to select and buy additional coverage, including uninsured/underinsured boater, which offers more protection when you’re out on the water. So, how exactly does it work?

At the risk of stating the obvious, boats don’t exactly come cheap. A sizable boat could run upwards of $50,000 to $300,000 depending on the model. And, let’s not get started on luxury yachts. They are pretty expensive. So, if you end up damaging it, the repair costs alone are enough to knock the wind out of your sails. That’s where boat insurance comes in.

If you damage your boat or that of someone else and end up causing injuries in the process, you can file a claim with your insurance company and ask them to cover the associated costs. The extent to which they’ll do this depends on your current policy and the existing coverage limits.

What Does Boat Insurance Cover?

First, let’s debunk a common myth about boat insurance. Many people tend to believe that their home insurance policy adequately covers their boats. While this may be true to some extent, it depends on the size of the boat and its location.

If you own a small boat that you keep on your property, it might be covered under your existing home insurance policy. Nonetheless, it may not offer the kind of coverage you need when you’re on the water. This is especially true for powerboats.

Standard Boat Insurance Coverage

Here’s a list of what boat insurance covers.

Liability – The insurer pays for any injuries and/or damages your vessel causes to others. This is, of course, up to your policy limits.

Comprehensive insurance – The insurer covers damages to your boat arising from events that are beyond your control. These include fire, theft, or extreme weather conditions.

Uninsured/underinsured boater – If you end up getting hit by a boater with inadequate or no insurance cover, your insurer will cover the costs of the associated damages and/or injuries sustained.

Medical payments for boating accident injuries – In the event of a maritime accident, boat insurance covers all the medical expenses of the passengers who were on board at the time. In most states, it usually kicks in once you hit your health insurance policy limit.

Collision insurance – If your boat collides with another watercraft, the insurer covers the loss or damage incurred regardless of the party at fault. It also covers loss when your boat capsizes.

Who Is Responsible for Avoiding a Collision Between Two Boats?

Keep in mind that whether you’re boating inland or on international waters, it is the shared responsibility of both captains to avoid a collision since there’s no clear-cut right-of-way on the water. The law is quite clear on this.

Additional Boat Insurance Coverage

The previous section outlined the basic coverage you can expect from any standard boat insurance policy. However, you can still beef it up further by getting additional coverage. This may include:

Total loss replacement – You can purchase a policy that includes a provision for the insurer to replace your boat, or at the very least reimburse you at the original price you bought it at. This is in total disregard of its present-day depreciated value.

Trailer trip interruption – If you were in transit, and your tow vehicle or trailer breaks down more than 100 miles from home, you can get a policy that covers food, accommodation, and transportation expenses incurred as a result of the mishap.

Personal items replacement – If fishing equipment and any other personal property get stolen from your boat, you can take out a policy covering these losses.

Keep in mind that any additional coverage you get will likely drive up the cost of the premium you’re required to pay. So, do a cost-benefit analysis beforehand to determine if the additional cost is worth it.

Average Cost of Boat Insurance

Speaking of the cost of premiums, you’re likely wondering – How much is boat insurance? Well, there’s no standard price for it. The premium you’ll pay all depends on one thing – risk.

Insurers price boat insurance based on how likely you are to get involved in a boating accident. So, naturally, the more high risk they perceive you to be, the higher the price of the premium.

Here are three major things insurers look at when determining how much they’ll price your premium.

Claims experience – The insurance world is a lot smaller than you think. If you switch insurers, the first thing they’ll do is run a background check on you to see if you have a record of boat or auto insurance claims.

If your record comes back clean, you are less likely (in their eyes) to have a maritime accident. This translates to low-risk, which means lower premiums.

Type of boat – Powerboats and other water vessels built for speed will likely attract higher premiums than lower-performance crafts. The make, model, and year of the boat also determine how much you’ll pay for boat insurance.

Boating experience – Insurers generally view experienced boaters as low-risk since they’re less likely to cause or be involved in an on-water accident. If you don’t have a lot of experience, it might do you good to complete a boating safety course. This may bring down the overall cost of insurance.

Avoid Premium Tears

The bottom line – do you have to have insurance on a boat? Absolutely! If you live in a state that requires boat owners to take out an insurance policy, then you don’t have much of a choice in the matter.

But, if you live in any other state, it will certainly be in your (and your boat’s) best interest to get boat insurance. You’re better off safe than sorry.

If you have any legal questions on boat insurance and liability, chat online with an experienced maritime law attorney today.

What Is Administrative Law?

Legal Assistant October 7, 2020Administrative Law

You’re probably already familiar with how the US judicial court system works. What you may not be aware of are the number of binding legal decisions and laws that come from both federal and state administrative agencies.

Federal agencies are created by an act of Congress or by the President himself. The ones created by Congress are referred to as independent agencies, while those created by the President are called executive agencies.

Both agency types have the power and authority to supervise, direct, and enforce the implementation of certain legislative statutes or acts. State-level administrative agencies mirror the structure and function of their key federal-level counterparts.

Now, here’s where it all ties together. In 1946, Congress enacted the Administrative Procedure Act to govern the process through which administrative agencies (federal and state) create, enact, and enforce laws. These pieces of legislation fall under administrative law.

So, what is administrative law anyway, and how is it created? Here’s everything you need to know.

What Is Administrative Law – Definition

Administrative law, or regulatory law as it is sometimes called, is simply the collective body of laws created and enacted by the government departments and agencies charged with enforcing the legislation passed by Congress or the respective state legislatures across the country.

One of the most common administrative law examples involves how individuals interact with administrative agencies when applying for government benefits.

Congress, for instance, has passed laws that allow the disabled members of the society to apply for and receive government assistance. The administrative agency that was created to enforce the disability and social security laws enacted by Congress is the Social Security Administration (SSA).

This particular government agency receives applications for benefits from individuals with a disability, reviews said applications to determine who’s eligible for government assistance and who’s not, and passes laws to ensure that only the deserving individuals receive the benefits based on the severity of their disability.

Kinds of Administrative Law

Two main types of administrative laws exist. There’s – Rules and Regulations. Then there’s – Administrative Decisions.

Both types are made by government agencies that fall under their respective executive departments or commissions that draw their power and authority from Congress, or a state legislature. These usually fall under the executive arm of the government.

1. Rules and Regulations

The Code of Federal Regulations (CFR) details the rules as formulated by federal agencies. These are first published in the Federal Register and then arranged into “Titles.” The CFR titles are updated once a year to reflect any amendments made to the regulations since they were last published.

2. Administrative Decisions – Civil Law vs. Common Law Countries

Most of the countries that fall under civil law jurisdictions generally have specialized courts that exist to deal with administrative cases. The procedural rules that govern such proceedings are usually different from those you would find in private-law cases like tort or contract claims.

In France, for instance, claims filed against the local or national governments, as well as those lodged against private entities providing public services, are all heard by administrative courts or “tribunaux administratifs” as they call them.

Aside from France, other civil law countries that have administrative courts in place include Brazil, Chile, Germany, Italy, Netherlands, People’s Republic of China, Taiwan, Sweden, Turkey, and Ukraine. It’s important to mention that decisions made by the administrative courts in civil law countries can be appealed in a higher court.

On the other hand, we have countries that abide by the principles of common law that generally restrict the judicial reviewability of the decisions made by administrative bodies. Although administrative decision-making bodies often fall under the control of larger governmental departments, the decisions they make could be reviewed under some judicial review principle in a court that bears general jurisdiction, but only upon due process.

Keep in mind that a judicial review of an administrative decision isn’t the same as an administrative appeal. Judicial appeals check to see if due process was followed; in other words, they examine the method used to arrive at a decision. Administrative appeals look at the correctness of the decision itself.

The United States, United Kingdom, Canada, Australia, and Singapore are examples of common law countries.

Administrative Procedure Act

In the US, Congress enacted Article 1 tribunals, which are essentially special judicial entities that handle certain areas of administrative law. The US administrative law focuses on the actions of both the executive as well as independent agencies.

Many of them operate as smaller, more compact versions of the tripartite national government. They have the power to legislate, execute, and adjudicate administrative objectives.

The 1946 Administrative Procedure Act established fair and consistent administrative law procedures to ensure they comply with the requirements of due process, as mandated by the US Constitution.

Agricultural Law

The agricultural sector is, no doubt, the most heavily regulated sector of the US economy. It is regulated in various ways at local, state, federal, and international levels. For this reason, administrative law plays a major role in agricultural law.

The US Department of Agriculture has a host of agencies that it uses as the primary source of its regulatory activities. It also draws from other administrative entities such as the Environmental Protection Agency.

The regulation of the agricultural sector extends from production and processing, right up to distribution and marketing, each with agencies whose authority has been delegated either by state legislatures or Congress itself. The Agricultural Marketing Service is one such agency that falls squarely in the department.

Lawyer-Up to Preserve Your Legal Rights

While the rules and regulations passed by administrative bodies may not be the same as those enacted by Congress or state legislatures, they may carry similar consequences if you flout them.

This is why administrative agencies have the power to fine individuals and corporate entities that don’t comply with the agency’s administrative regulations. Other agencies like the SSA have the power to make decisions that may severely affect your benefits and associated rights.

If you feel that an administrative decision has grossly infringed upon your rights, you might have to appeal the decision. This is often a very complex and lengthy process that you cannot go through alone, without the help of an experienced administrative lawyer. So, if you’re looking to get the best outcome, lawyering up would be your best bet.

If you have any legal questions concerning administrative law, feel free to chat online with a Laws101.com attorney.

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1031 Exchange for Dummies – Deferring Capital Gains Taxes

Legal Assistant October 7, 2020Business Law, Real Estate Law, Resources, Tax Law

If you’re looking to sell your property and buy another one, you might want to consider using a 1031 exchange. It’s the secret to any successful real estate investment. It’s how you make the market work in your favor.

Besides, in the current economic climate, you need to take advantage of savvy strategies that give you an edge in any transaction you make. But what is a 1031 exchange anyway, and how does it work?

Here’s the ultimate 1031 exchange for dummies guide.

What Is a 1031 Exchange?

One of the very first things you need to understand when getting into real estate investment is how to maximize your profits while minimizing your tax liabilities.

You can earn income on a property you own from rent or buying an old worn down piece of real estate, flipping it, and then selling for a sizable profit. Anything you make that’s over and above what you initially spent on it is referred to as capital gains.

Now, as you may be well aware, the IRS would be interested in the money you make from such a sale. So, they’ll charge a percentage of that profit when tax season rolls around. This so-called “charge” is referred to as the capital gains tax on real estate.

Capital gains aren’t just limited to real estate investments. Any profits you make from mutual funds, commodities trading, and sale of stocks are all classified as capital gains and are subject to taxation.

Unlike most other capital investments, it is possible to defer the taxes payable on capital gains. This is done through what’s known as a 1031 Starker exchange. It’s appropriately named after section 1031 of the IRS Tax Code, and the man who crafted it.

How Does a 1031 Exchange Work

Well, the 1031 tax deferred exchange process is quite complex. There are several rules you need to abide by and deadlines to beat to qualify for the exchange.

Some of the 1031 exchange rules you need to become familiar with are the specific types of transactions that qualify for deferment. The only deferrable taxes that qualify for exchanges are the ones that the IRS considers “like-kind.” It only applies to investments or business properties that you can swap for other “similar” properties.

1031 Exchange Examples

The great thing is that the IRS provides a lot of leeway for what it considers to be “like-kind” properties. So, you can, for instance, sell a small apartment building to purchase a duplex, and vice-versa.

However, as per the rules stipulated by Uncle Sam, the property in question has to be used for investment or business purposes. For this reason, residential real estate doesn’t qualify for an exchange.

Likewise, if you purchased property at a dirt-cheap price to renovate it and flip it for a profit, you also wouldn’t qualify for an exchange. The Tax Code specifically states that any property held for sale isn’t eligible for a tax deferment benefit.

If, on the other hand, you purchased a property, flipped it, and started using it for a business purpose such as using it as a warehouse or renting it out to tenants, then that would qualify for a 1031 exchange.

It would require you to roll the proceeds of the sale of one property into a new piece of real estate investment that has a business purpose attached to it.

1031 Exchange Timeline

Keep in mind that timing is everything when it comes to 1031 exchanges. They have tight deadlines attached to them. If you end up missing them by even a minute, any tax exchange you would have otherwise benefited from gets terminated, and you’ll end up having to pay the full capital gains taxes due at that time.

So, as soon as you sell your property, you’ll need to get moving. You have exactly 45 calendar days (not business days) to find a new property that you can buy with the proceeds from the sale of the old one, and provide the IRS with a written intent giving specifics of the new piece of real estate in question. This may involve providing a legal description of it.

If you plan to purchase more than one replacement property, the IRS gives you exactly 180 days from the close of the sale to identify them and submit the written intent.

Understand the Meaning of “Deferred Taxes”

Now, if you’re new to the real estate investment world, a 1031 exchange probably sounds like a sweet deal since you won’t have to pay capital gains taxes when channeling the proceeds from the sale of an old property to a new one.

What you do, however, need to understand is that the tax deferment isn’t indefinite. If you do decide to sell your newly acquired property at some point and opt to keep the proceeds instead of buying another one, then you will have to pay the capital gains taxes due at the time.

That’s why it is referred to as “deferred,” which quite literally means – putting off something until a later date. If you decide to keep your new property and use it to generate an income, then it only makes sense to continue to defer the taxes.

Tax Cuts and Jobs Act of 2017

The 2017 Tax Cuts and Jobs Act brought significant reform to the IRS Tax Code. It amended Section 1031 to eliminate a taxpayer’s ability to defer capital gains on what would be termed as “personal property.

Personal equipment, machinery, aircraft, trailers, trucks, vehicles, intellectual property, and all other forms of personal property were now excluded from qualifying for a 1031 exchange.

While personal real estate may qualify for a like-kind exchange, any other personal property transferred with the sale is disregarded under the provisions of the TCJA.

Hire an Exchange Expert

One thing we should mention is that you cannot carry out a 1031 exchange on your own. You’ll need to hire a qualified intermediary to do it for you. They’ll guide you through the process and hold your funds as you search for a new piece of real estate to buy.

You can think of them as a kind of escrow officer. The law requires you to get a qualified intermediary to handle the exchange process for you.

If you need any help with your 1031 exchange, chat online with a Laws101.com attorney today.

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Is It Legal to Own an Owl – Legal Q&A on Protected Birds

Legal Assistant October 7, 2020Administrative Law, Regulatory Law, Resources

For most people, the word “pet” refers to dogs, cats, turtles, rabbits, goldfish, and other animals that you can easily domesticate. You could even keep a pet parrot if you like, or a couple of chickens in your backyard.

But, for other people, those animals are a little too mainstream for their liking. They prefer to have something a little wilder, a little more exotic. Something like an owl, a hawk, or even an eagle.

As unusual as this may be, some individuals are obsessed with these types of wild birds. Capturing them isn’t an issue per se. The question becomes whether or not it is legal to keep them as pets.

If Mike Tyson had a tiger for a pet, what’s the harm in having a little cute owl perched on a tree in your backyard? Well, it’s not as straightforward as you may think. We’ve put together a legal Q&A on protected birds to answer some of the most frequently asked questions by people looking to own certain protected birds.

Is It Legal to Own an Owl?

The laws governing pet ownership vary from state to state. So, it’s always a good idea to familiarize yourself with your local laws if you’re thinking of getting an owl as a pet. In states like Alabama, Delaware, Louisiana, Minnesota, Nebraska, Nevada, and Tennessee, for instance, keeping an owl is perfectly legal.

However, in other states like Alaska, California, Connecticut, Colorado, Hawaii, Iowa, Massachusetts, Oregon, and Wyoming, keeping owls is outlawed. So, if you tried to, you could potentially face some serious legal consequences.

Some states don’t have such a hard line. Provided you meet certain state requirements, you can keep an owl as a pet. In Idaho, for instance, as long as you can prove that your pet owl will not be a threat to agriculture, livestock, and the environment, you can apply for a permit to keep the bird as a pet.

States like Indiana, Maine, Michigan, and Pennsylvania require aspiring owl-owners to get a permit/license before they can keep one. In Vermont, you can only get an owl for exhibitory or educational purposes. In Texas, you can get a permit to keep one, but that depends on how dangerous the owl in question is.

So, as you can see, the rules vary widely from state to state. The best thing would be to check what your state law says about owning exotic or protected birds.

Is It Illegal to Shoot a Hawk?

Here’s the thing – hawks and owls are protected under federal law. They’re not considered Game, so can’t just shoot them. You can capture and possess them, and even then, only if you have a special permit that allows you to do so.

The Migratory Bird Protection Act is a federal law that bans the shooting, poisoning, hunting, trapping, caging, or killing of hawks. You can only shoot or kill it if you obtain a license from the US Fish and Wildlife Service that allows you to do so.

Even then, shooting and killing a hawk is only allowed in situations that threaten public health and safety. If you shoot a protected bird without a permit or showing due cause, you could face a heavy fine, imprisonment, or both.

Am I Allowed to Shoot a Hawk Eating My Chickens?

Hawks are categorized as raptors or “birds of prey.” They sit at the top of the food pyramid, while prey species like rabbits, snakes, squirrels, and even chicken reside in the middle. Situated at the bottom of the pyramid is the habitat.

Now, if you were to eliminate the predatory species, the prey species would overpopulate and throw the pyramid completely out of whack, which would then drastically reduce the habitat’s resources and its ability to support the rising number of animals.

Protecting the predator populations, which include raptors like hawks, keeps everything in check. This is how nature intended it to be. That’s precisely why the 1918 Federal Migratory Bird Treaty Act exists to keep this delicate balance in check.

Now, with that short background, if a hawk is terrorizing your chickens, you still can’t shoot it without first getting a permit. The federal law still holds even in such situations.

When you get a permit, it is only intended for short term use until you find a long term non-lethal solution to keep your chickens safe from the hawks. To apply for a permit, you need to show that:

You’re experiencing damage or loss caused by the hawks
You’ll comply with the rules of the permit
You’ll find a non-lethal means of dealing with the menace in the short term

A long-term solution to your hawk attack problem would be to build a poultry enclosure for your chicken.

Is It Legal to Feed Bald Eagles?

As harmless as it may seem, feeding bald eagles is illegal under both state and federal law. The reason for this, once again, all boils down to balance. If bald eagles start to congregate around a food source, they will fight over it, and, in most cases, it’s the juvenile bird population that suffers.

This threatens the long term survival of these predatory birds, which in turn upsets the food pyramid balance. Plus, there’s also the risk of these wild birds spreading wildlife diseases if they congregate around a specific area.

Can I Shoot Birds in My Backyard?

Federal law is quite clear on what you can and cannot do. All wild birds, apart from starlings, English sparrows, and pigeons, are protected under state and federal laws.

So, unless you have a special permit from the US Fish and Wildlife Service that allows you to shoot protected birds, it is illegal to do it. Before you shoot birds in your backyard, ensure that you can properly identify them first to avoid getting into legal trouble if you kill protected bird species.

Is Hunting Endangered Animals Legal?

The Endangered Species Act of 1973 is a federal law that provides a legal framework to protect and conserve threatened and endangered species, as well as their habitats. This protects at-risk animal populations from complete extinction.

If you hunt an endangered animal, you may have to pay a civil penalty of up to $12,000 for the offense.

Ignorance Is Not a Defense

Before you capture, hunt, shoot, or kill protected birds and/or endangered animals, familiarize yourself with the law. In most cases, it is illegal to kill protected birds unless you get a special permit that allows you to do so if the birds in question are causing some sort of loss or damage to your livestock or the environment.

However, this should only be a short term solution. You’ll need to find an effective way of creating a barrier between these birds and whatever’s attracting them to your property. As for owls, you can keep them as pets if you live in a state that allows you to. When it comes to hunting endangered animals, well, that’s just illegal, period.

If you have any legal questions on protected and endangered animals, get in touch with a Laws101.com animal law attorney.

What Is Espionage?

Legal Assistant October 7, 2020Criminal Law, International Law

Flashback to 1917, shortly after the US entered World War I. Congress passed a law that banned the sharing of any sensitive information that would potentially disrupt the country’s military activities and interests in the ongoing war or aid its enemies.

This law, which was known as the Espionage Act of 1917, imposed a $20,000 fine and 20-year prison sentence on anyone found guilty of violating its provisions. So, what is espionage, and what does violating this law look like? Here’s what you need to know.

Espionage Definition

Espionage is a federal crime that involves the gathering and transmission of military classified and defense information. Most of the provisions under the federal Espionage Act of 1917 were designed to keep military secrets and operations safe and secure; and prohibit individuals – both military and civilian – from cooperating with foreign governments to the detriment of the country’s interests.

For a successful espionage conviction, US federal prosecutors have to prove that:

The leaked information in question was either classified or related to matters of national defense
The individual responsible for sharing this information did it with intent to harm the United States or help a foreign country. A “foreign country” in this case doesn’t necessarily mean an “enemy” of the US
The exchange, transfer, and communication of the information in question was willful or intentional
The conspiracy to commit espionage was overt

One thing to note, however, is that the act of espionage in itself doesn’t have to cause harm to the country nor help a foreign nation. The government doesn’t have to prove that the classified or defense information caused any threat to national security.

Even if an individual leaked false information that didn’t pose any real threat to the security of the United States, they would still be convicted if all the other four elements outlined above are proven.

What Does It Mean to “Commit Espionage”

The scope of espionage extends beyond the individual who leaked or shared military classified or national defense information. The following acts are also considered violations of the provisions of the Espionage Act.

Having classified documents, photos, maps, models, or similar materials to share them with someone who’s not supposed to receive it
Making or attempting to make copies, sketches, photos, plans, models, or any similar documentation that’s classified or related to national defense matters
Agreeing or attempting to receive classified or defense materials with full knowledge that they were taken in violation of the provisions of the Espionage Act

The Act also outlaws several activities related to the offense even though they don’t directly endanger the country’s national defense or aid foreign nations. These activities include:

Concealing or harboring an individual when you have reason to believe that they have committed or are about to commit a federal espionage violation
The willful disclosure of classified information to unauthorized parties
Publishing and selling photos, sketches, or any visual representations of defense installations, without explicit permission from the commanding officer
The willful or attempted violation of, or the conspiracy to violate the National Aeronautics and Space Administration regulations, relating to the security of its equipment or facilities

Espionage and Sedition Acts

A year after Congress passed the Espionage Act of 1917, the Sedition Act was enacted. Its provisions essentially reinforced the Espionage Act by making it a federal crime to issue false statements intended to interfere with the war efforts.

It also had broad provisions that made it a crime to make profane, disloyal, abusive, or scurrilous remarks about the country.

However, Congress later repealed this law in 1921 due to its gross infringement on the constitutionally-protected right to free speech. Although there have been several First Amendment attempts to challenge the 100+-year-old Espionage Law, its provisions have remained largely intact to date.

Espionage Examples

Chelsea Elizabeth Manning (originally born Bradley Edward Manning), a US army private, had unlimited access to classified government documents, some of which included files, correspondence, and reports from the US military base at Guantanamo Bay.

These sensitive documents essentially revealed a higher number of civilian deaths than what had been reported to the public, alongside other “profoundly troubling” details, as she described it.

In 2010, acting in what she believed to be whistleblowing, Manning leaked the classified documents through the infamous WikiLeaks platform. This information was then widely shared by the press since it was now in the public domain.

In the end, Manning was convicted on a total of 21 federal charges, six of which included violations of the federal Espionage Act.

The Economic Espionage Act of 1996

Economic espionage, which is sometimes called corporate or industrial espionage, involves stealing commercial information and/or trade secrets with the knowledge that the information in question would benefit a foreign government, instrument, or agent.

The Economic Espionage Act of 1996 makes the misappropriation of this kind of information a federal offense. Leaking technological information, proprietary economic information, economic or trade policy information, or sensitive financial information are all punishable offenses under the provisions of this act.

It is in many ways very similar to the Espionage Act of 1917, except that the information being shared involves commercial secrets, as opposed to classified or defense information.

Cyber Espionage

Cyber techniques to gain unauthorized access to classified military/government/commercial infrastructures for the political/military/economic gain of a foreign government or agency all fall under cyber espionage.

These also carry the same consequences as those detailed in the Espionage Act of 1917, as well as the Economic Espionage Act of 1996. The severity of the penalties varies depending on the facts in the case. But they generally carry long prison sentences, which in most cases, is life behind bars.

Get the Best Legal Representation for Your Case

Espionage is a serious offense. If you’re currently facing federal charges for this crime, you need to ensure that you get the best legal representation to minimize the potential penalties you might suffer if you’re found guilty. Get the best criminal defense attorney in your corner.

If you have any legal questions concerning espionage laws, chat online with a Laws101.com attorney today.

Who Is Liable in a 3 Car Accident?

Legal Assistant October 7, 2020Personal Injury Law

Fault determination in car accidents isn’t always so clear. Sometimes, it’s downright confusing, more so when multiple vehicles are involved. Even the drivers in the pile-up aren’t always sure who’s to blame.

That’s why there are rules in place to ensure that all multi-car accidents are evaluated in the same way, to ensure a consistent outcome whenever similar actions of a driver cause a similar scenario.

Fault determination in some accidents is pretty straightforward. In others, however, more investigation is required to determine which of the drivers is at fault and to what extent.

With that being said, the question remains: Who is liable in a 3 car accident? Here’s everything you need to know.

How Does a Three-Way Accident Occur?

First, you need to understand how a three-car accident might happen. More often than not, three-way pile-ups are rear-ending crashes where one car strikes the back end of another, which in turn crashes into the car ahead of it. It’s a chain reaction of sorts.

In such instances, the rearmost vehicle is generally liable for causing the entire accident. But apportioning liability in a multi-car accident isn’t always so obvious.

A car may crash into the rear end of the car ahead of it. And then, moments later, a third car comes along and crashes into the first two. In such instances, the third driver may also bear some level of responsibility for the injuries sustained.

women arguing with women after car accident

In some cases, the rearmost driver isn’t always to blame in such incidents. If you’re driving along the freeway, for instance, and another driver swerves in front of your car and then immediately slams on their brakes, resulting in you rear-ending them, the fault will likely fall on the first driver.

In other instances, multi-car accidents aren’t always chain-reaction-type crashes. A driver may be turning on to on-coming traffic only to end up causing a multi-car pile-up.

How Does Insurance Decide Who Is at Fault?

Well, it depends on who caused the collision and the extent to which they were at fault. Consider the first scenario we described where a car rear-ends the one in front of it, which in turn, crashes into the one ahead.

In such instances, the fault determination is straightforward. The rearmost driver will likely be 100 percent at fault in that particular crash. So, they would be liable for each driver’s injuries, and damages suffered.

Now, the second scenario we detailed – where one car (B) rear-ends another (A) before a third one (C) crashes into the first two – isn’t as straightforward. In such a case, driver B would be 90 to 100 percent liable for driver A’s injuries and damages.

Driver C, who’s responsible for the second accident, would be 100 percent liable for driver B’s injury and damages and might be 10 percent liable for driver A’s costs.

What to Do When Involved in a Multi-Car Accident

If you’re involved in a multi-car accident, the first thing you need to do is file a police accident report as soon as possible. It’s also important to take photos of the accident scene to provide evidence to the insurance adjusters of how the accident occurred. The more information you can collect, the stronger your claim will be.

Keep in mind that your version of events may differ from the other drivers’ accounts. So, an insurance company will go with the findings of the reporting officer to determine if any of the drivers committed a traffic violation that directly or indirectly contributed to the accident.

How to Get a Copy of a Police Report

If you were involved in a 3-car accident and need to get your hands on the police accident report, it’s easier than you think. This is a crucial piece of documentation that can help you substantiate a traffic accident, personal injury, damage, and loss of property claim with your insurance company or in civil court proceedings.

While the exact process may vary from one jurisdiction to the next, the steps you need to take are generally the same across all states. You could always visit your local police department to find out how they handle Public Access Requests.

Once you do, you can file a request in-person. There’s usually a standard fee you have to pay before you can get a copy of the report.

Alternatively, you could get it via mail by downloading and filling out a Public Access Request Form/Letter and mailing it to your local police department. Once they acknowledge the receipt of your request, they’ll be in touch with you on how you can get it and inform you of the requisite fees you have to pay.

How Do You Fix an Incorrect Police Report?

Remember, police officers are human. Just like the rest of us, they too can make mistakes. Sometimes, the reporting officer may not have enough physical evidence to go on or eye-witnesses to back-up the drivers’ accounts of what happened.

They may also get inconsistent accounts of how the accident occurred. As a result, they may end up making errors in their police reports. If you feel that the report in question isn’t a true reflection of the events that occurred, get in touch with the officer as soon as possible and let them know (politely) that there’s an error in the report.

Tell them what you need corrected and provide documentary proof of the mistake. This could be in the form of medical records, vehicle registration details, or anything else that’s relevant to your case.

They will then look up the police report by case number. It is also a good idea to provide a statement detailing your account of events. Whether or not they’ll add it to the reports is entirely up to them.

Retain an experienced car accident lawyer to contact the police on your behalf. They stand a much better chance of getting the police to amend the report and can help you craft a strong statement.

police at car accident incident location

Great Representation Is the Best Strategy

If you’re ever involved in a 3 car accident, hiring a car accident lawyer immediately after is the best strategy when pursuing an insurance claim or lawsuit. Having great legal representation is your best bet, whether you are at fault or not.

Timing is everything in such scenarios since those who act first will likely be able to claim a larger percentage of the policy liability limit. So, you’ll need to move with haste to get the best possible outcome.

If you have any legal questions concerning multi-car accident liability, contact a skilled accident attorney as soon as possible.

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