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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