Thursday, April 20, 2017

Legal Matters: The complexity of cross border personal injury cases

I was injured in a car accident while on holiday in the United States.  I was operating my own vehicle which I had driven into the States.  I was not at fault for the accident.  I sustained injuries and I am unable to work.  Can I receive compensation in Ontario?
Answer:    
If you are injured in a car accident in the United States, you do have remedies available to compensate you for your losses. Firstly, you can make an application for accident benefits to your own insurance company.  Depending on your policy, you may be entitled to benefits such as income replacement benefits, medical/rehabilitative benefits, attendant care benefits and other optional benefits under your policy.
If you have a private disability insurer, you may have access to short-term disability, long-term disability or other income benefits.
You may also be able to start a lawsuit against the at-fault driver in the United States.  The losses which you may sue for and the legal tests you must meet will depend on the laws of the State where your accident occurred.  Many States have lower minimum insurances protecting at-fault drivers. If there is insufficient insurance limits to pay your claim against the at-fault driver, you may be able to advance a claim in Ontario for the uninsured and underinsured benefits that form part of your Ontario motor vehicle insurance policy.

Cross border personal injury cases can be very complex and you should consult an experienced personal injury lawyer early on to ensure that your rights are protected.
Source: thespec.com

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