Effects of the ACA on Personal Injury Actions

By Cory Bilton The new Affordable Care Act (aka Obamacare) health insurance exchanges opened this week for residents of DC, Maryland, and Virginia.  All three of the exchanges have already generated a lot of interest, as people clamor to see the range of health insurance options available to them.  Over the coming months and years, the ACA will likely have …

The Value of Health Insurance

By Cory Bilton Open enrollment in the new health insurance exchanges mandated by the Affordable Care Act (“ACA”) begins on October 1st.  Since there are roughly 48 million people currently without health insurance in the US, this means that a lot of people will be using the new exchanges.  When buying health insurance, some people wonder what exactly is the …

Distractions from Mobile Electronics: Your Attention is a Scarce Resource

By Cory Bilton I read an article this week discussing the “I Forgot My Phone” video on YouTube.  For the always-connected folks in the DC area, this is a somber video that seems to be ribbing and admonishing us about our relationship with smartphones.  While the video portrayed people using smartphones in relatively safe places like restaurants, parks, beaches, and …

Priority of Coverage Between PIP and Health Insurance in Maryland

By Cory Bilton Personal injury lawyers in the DC area often assist clients with filing PIP claims under the client’s auto insurance.  No-fault auto insurance claims tend to be merely an administrative task, since there is no need to argue who was at fault in the collision (although there are occasionally some disputes over “reasonableness” of charges).  Despite the tame …

Contributory Negligence – How to Get Away With Hitting a Cyclist

By Cory Bilton If you are injured in an accident in DC, Maryland, or Virginia, one of the first barriers to recovering from the wrongdoer is the concept of contributory negligence.  Contributory negligence is a rule that states that if you are partly at fault for your injuries, you can’t recover any money from the other person that caused the …

Is “Spouse” an Ambiguous Term in Virginia Insurance Policies?

By Cory Bilton In a historic move last week, the Supreme Court decided United States v. Windsor, striking down the Defense of Marriage Act (DOMA) as violating due process and equal protection rights guaranteed by the Constitution.  The consequence of the decision is that the federal government and federal law must treat all legally-valid marriages equally, regardless of whether it …

Educating Motorists to Coexist with Cyclists

By Cory Bilton Bicycles are becoming more common on roadways in DC, Maryland, and Virginia.  It seems that almost every street I travel down, there is a mix of bicycles, motor vehicles, and pedestrians.  Brand new Capital Bikeshare stations seem to be cropping up on every street corner.  On my ride into work in the morning (from Ballston to Dupont …

Effective July 1, Virginia Doctors Can’t Pick Which Insurance to Bill

By Cory Bilton As many accident victims and attorneys in the DC area know, doctors and hospitals charge far more than they consider their services to be worth.  Although this has been the true for a long time, the topic is getting a lot of press lately following Medicare’s release of data showing the prices hospitals charge for the most …

Avoiding the “Mere Happening” Instruction When Applying DC Law in Maryland

By Cory Bilton As local lawyers are aware, practicing law in the DC area can be a jurisdictional nightmare.  DC law differs from Virginia law, which differs from Maryland law, which differs from DC law.  Locals frequently cross state lines while commuting to work, and may cross into another jurisdiction for after-work drinks.  This multi-jurisdictional nature weaves its way into …

Expanded Protections for DC Cyclists Only Go So Far

By Cory Bilton The DC metro area has a lot of drivers and a lot of cyclists, both using the same streets and roadways.  If you ride a bike in the area, you know that many motorists do not give bicyclists the same respect as another car.  Back when I worked on a tugboat, we might have called this the …