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The Blitz

You've been assigned an accident involving a truck that rolled over. Serious injuries have resulted. The vehicles involved were totaled and you begin your investigation.

After only a few days but before you've even established liability, you receive a call from a self-proclaimed expert at hazardous materials (Haz-Mat) cleanup and they tell you that they've been notified of your fuel spill by authorities. "If you act now," they "can clean it up for you at a cost of $20,000." But if you delay and the state assigns a Haz-Mat vendor, "it may cost you double that."

The pressure is on and they'll remind you that the more time passes, the costlier it will be. You've received no other notice from the state or the policyholder.

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What Haz-Mat rule are they referring to?

The Hazardous Materials Transportation Act (HMTA), enacted in 1975, is the principal federal law in the United States regulating the transportation of hazardous materials. Its purpose is to "protect against the risks to life, property and the environment that are inherent in the transportation of hazardous material in intrastate, interstate and foreign commerce" under the authority of the United States Secretary of Transportation. Most if not all states have adopted this language that includes mitigation methodology and, in some cases, stricter protocols.

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