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For many Ontarians, a trip across the border into the United States is a regular part of life. Growing up most of my life in Windsor, Ontario, one of the busiest border cities in the world, cross-border trips were routine!
Whether driving across the border for shopping, visiting family, or heading to Florida for vacation, thousands of Ontario residents find themselves on American highways each year. But what happens if you're injured in a car accident while driving in the U.S.?
Cross-border accidents raise unique legal and insurance issues. Ontario drivers are often surprised to learn how different things can be outside of Ontario's auto insurance system.
Your Ontario insurance follows you to the U.S.
If you have valid Ontario auto insurance, it generally provides coverage for accidents in the U.S. This usually includes both liability coverage (if you're at fault) and accident benefits for your injuries. That said, the accident benefits may be more limited than you expect, and the process can be complicated when medical treatment happens in another country.
Suing for your injuries
If you are injured in the U.S. because of another driver's negligence, you may have the option to bring a claim in that state. U.S. state law is very different from Ontario's, and damages awards can be much higher. However, the rules, timelines, and procedures are not the same as at home.
Also, while you are bringing a claim in the U.S., you may have claims to pursue in Ontario as well, depending on your insurance coverage.
The importance of early legal advice
These cases often involve two sets of insurance companies (Ontario and U.S.), and sometimes even two separate lawsuits. Co-ordinating them properly is crucial. Without legal advice, accident victims may miss important deadlines or settle for far less than what they are entitled to.
Practical tips if you're injured in a car accident in the U.S.
- Always report the accident to police in the U.S.
- Inform your Ontario insurer right away.
- Keep records of all medical bills, travel costs, and lost wages.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
