Accident Benefits Claims For Accidents Outside Ontario - Election of Benefits

Ontario has a no-fault insurance system for automobile and motorcycle accidents, which provides coverage for accidents within Canada and the United States. This benefit, provided by your own auto insurance policy, is available if you are injured in a motor vehicle accident while visiting the United States. 

When an Ontario resident is injured in an accident in the United States, your insurance company will ask you to elect between Ontario benefits or those of the State where your accident occurred.  Once an election is made, it is difficult and sometimes not possible to alter your choice.  It is important to speak to a lawyer before making an election of accident benefits.  

Accident Benefits Are Paid By One of the Following Insurance Companies:

• the insurance company for your own motor vehicle; 
• the  insurance company for the motor vehicle in which you were a passenger;
• the insurance company for he at-fault driver or owner;
• the  insurance company for any other motor vehicle involved in the accident; or
• the Motor Vehicle Accident Claims Fund

There are also priority rules that determine which insurance provider is responsible for paying the accident benefits claim.  

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