For many Ontario residents, a road trip to the United States is a regular part of life. But what happens if that trip turns tragic? You're involved in a serious car accident in a state like Florida or New York, and you discover the at-fault driver has minimal insurance coverage—far too little to cover your medical bills, lost income, and pain and suffering.

You settle with the American driver for their low policy limits and sign a release. But your damages are much greater. Can you still turn to your own Ontario car insurance policy for help?

Your insurer might say no. They may argue that by signing that U.S. release, you gave up your right to claim any more money, effectively closing the door on your own benefits.

Fortunately, a landmark decision from the Supreme Court of Canada says they’re wrong. Based on the case of Sommersall v. Friedman, you can settle your claim in the U.S. and still access the underinsured motorist benefits you paid for at home.

The Problem: Low U.S. Insurance Limits

A common shock for Canadians injured south of the border is discovering how low mandatory auto insurance limits can be in many states. While Ontario has a minimum of $200,000 in third-party liability coverage (and most drivers carry $1 million or more), some states require as little as $10,000 or $25,000. This leaves a massive gap when serious injuries occur.

This is precisely why Ontario insurers offer optional OPCF 44R Family Protection Coverage. You pay an extra premium for this endorsement to protect yourself and your family from being injured by a driver who has insufficient insurance to cover your losses.

The Insurer's Roadblock: "Legally Entitled to Recover"

When you make a claim against your OPCF 44R coverage, your insurer may point to a clause in the policy stating that they will only pay the amount you are "legally entitled to recover" from the underinsured driver. They will then argue:

1. By signing a release in the U.S., you are no longer "legally entitled to recover" anything more from that driver.
2. Your release has destroyed their right of subrogation—their ability to step into your shoes and sue the at-fault driver to recover the money they pay you.

This position can leave injured victims feeling helpless, but the Supreme Court of Canada has provided a clear path forward.

The Supreme Court’s Answer in Sommersall v. Friedman

The Sommersall (2002 SCC 59) case involved this exact dispute. An injured person signed an agreement limiting their claim against the at-fault driver to their policy limits, and then sought the remainder from their own insurer . The insurer refused to pay, using the same arguments noted above. The case went all the way to the Supreme Court of Canada, which sided firmly with the injured victim.

Here’s how the Court dismantled the insurer’s arguments:

1. "Legally Entitled" is Determined at the Moment of the Crash
This was the Court's most critical finding. Your legal right to recover damages from an at-fault driver is established the instant the accident happens, not when you make your insurance claim.

The subsequent release you sign in the U.S. doesn't erase what happened. It is simply an agreement that stops you from personally collecting more money from the at-fault driver. It does not change the historical facts that the driver was at fault and that you suffered damages you were legally entitled to at that moment. Your claim against your own insurer is a separate, direct action under your insurance contract where you must prove those facts.

2. The Subrogation Argument Doesn't Hold Up
The Court also rejected the insurer’s argument about its right of subrogation being destroyed.

• No Duty to Protect the Insurer: The Court found that the insurance policy does not place a duty on you to protect the insurer’s potential subrogation rights before they have paid your claim .
  
  
  
• The Purpose of the Policy: The entire point of OPCF 44R coverage is to protect you from underinsured drivers. The risk that the at-fault driver may have no assets to pursue is the very risk your insurer agreed to cover in exchange for your premium payments. The court noted that in reality, the value of suing a person who is already underinsured is often "near-negligible" anyway.
  
  

How a Cross-Border Claim Works in Practice

The Sommersall decision clarifies that when you are injured in the U.S., your claim proceeds on two tracks:

1. The Tort Claim (in the U.S.): You first pursue a claim against the at-fault driver to recover their policy limits. It's essential that the release you sign is a "limited release," settling only the claim against that driver while expressly reserving your right to pursue other claims.
2. The OPCF 44R Claim (in Ontario): Your claim against your own insurer is a contractual claim. In this action, you must prove:
   • Fault: That the U.S. driver was legally responsible for the accident. This is determined based on the laws of the state where the crash occurred.
   • Damages: The full value of your losses (medical costs, income loss, pain and suffering, etc.). This is determined based on Ontario law, which is often more comprehensive than in many U.S. states.
     
     

The amount you recovered from the U.S. settlement will be deducted from your total damages, and your Ontario insurer will be responsible for the difference, up to your OPCF 44R policy limit.

Thanks to the Supreme Court of Canada, Canadians can have peace of mind that settling a claim against an underinsured American driver is a necessary step that will not prevent them from accessing the vital insurance benefits they paid for at home.​ 

If you are a Canadian injured in the United States, or a US  attorney representing a Canadian involved in a crash, reach out to Andrew Iacobelli with any questions you have at 866-234-6093.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada,  Florida, and Texas, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

It is not uncommon for lawyers in the United States to have a client who is a Canadian citizen injured in a car accident while in the U.S.. Canadians often travel throughout the United States for vacation, work, or to visit family, and unfortunately, accidents can happen while they are away from home.

Representing a Canadian injured in a car crash in the US is not the same as representing someone from your state. There are several important features to be aware of if you are representing a Canadian client.

Understanding No-Fault Benefits for Canadians
A primary difference is that many Canadians have no-fault benefits available to them in their home province. These benefits can be quite significant, ranging from thousands of dollars to upwards of a million dollars or more, depending on the jurisdiction and the severity of the accident.

In Canada, no-fault benefits can include:

• Medical rehabilitation
  
  
• Attendant care
  
  
• Housekeeping
  
  
• Income replacement benefits
  
  

Electing the Right Benefits For Canadian Clients

If you represent a Canadian injured in the United States, you may be given the option to elect benefits from your client's home jurisdiction in Canada or from the US state where the accident occurred. It is very important to review both sets of benefits to ensure your client makes an informed decision and elects the right ones for their circumstances.

We are often brought in to help clients use and maximize these benefits once they return to Canada, which in turn helps you prepare a stronger case in the United States with robust medical treatment.

Underinsured Motorist Coverage Explained
Another important feature for Canadians injured in the United States is underinsured motorist (UM) coverage. Canadians often have very rich UM policies. It is quite common for personal vehicle policies in Canada to carry one million dollars or more in UM coverage, which can be shocking to American attorneys. This is typical in Canada, as the premiums are inexpensive and most insurance companies provide the coverage.

Statute of Limitations and Legal Nuances
American attorneys must understand the nuances of the statute of limitations for Canadian UM claims.

• When the Clock Starts: Depending on the jurisdiction, Canadian case law states that the statute of limitations for a UM claim starts to run from the day after a demand for benefits is made. Be careful when making a demand to the UM carrier so you do not let the limitation date expire.
  
  
• Contract Limitations: Some policies have a one-year limitation date in the contract, which may be shorter than the standard provincial statute of limitations.
  
  
• Insurance Company Tactics: Canadian insurance companies are savvy and may try to delay and deny a claim in the hope of running out the limitation date on your client. If you have made a demand and are not getting traction, it is important to understand the specific limitation date for your client's jurisdiction and policy.
  
  
  

Jurisdiction Challenges in Underinsured Claims
Many American attorneys will attempt to advance the UM claim as part of the lawsuit in the United States against the at-fault party. However, there is a high likelihood the Canadian insurance company will seek to have that claim dismissed for lack of jurisdiction.

We have seen courts in many US jurisdictions, most frequently in Florida and Michigan, dismiss these cases. The insurance companies successfully argue that a US state court does not have jurisdiction over a contract made between a Canadian resident and their Canadian insurance provider. This forces you and your client to litigate the claim in their home jurisdiction in Canada. Our practice regularly assists US colleagues to advance these underinsured motorist claims and file suit in the correct Canadian jurisdiction.

Misconceptions and Adjuster Errors
Whether intentionally or not, Canadian insurance adjusters sometimes give incorrect information to US lawyers about cross-border accidents. They may provide wrong information regarding damages, thresholds, and deductibles in an attempt to reduce an injured person's recovery.  Case law and other factors must be considered, as Canadian laws that might ordinarily apply to damages in a motor vehicle accident do not always apply to accidents that happen outside of Canada.  If an adjuster in Canada provides a counteroffer citing caps or deductibles to reduce your client's case value, they might be wrong.

Have Questions About Cross Border Accidents? Contact Us Today
The complexities of cross-border accidents are numerous. Whether you are a lawyer trying to best represent your Canadian client or a Canadian who has a lawyer in the US, these are important issues to discuss. We often speak with lawyers on this subject.  If you have any questions or are looking for some guidance, feel free to give us a call.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

For an aspiring lawyer, deciding where to attend law school is one of the most significant choices you'll make. It’s a decision that shapes not just your education but your entire career trajectory. Should you pursue your law degree in Canada or the United States? Each path offers unique experiences, challenges, and opportunities.
In a recent discussion, our own Andrew Iacobelli (a graduate of Michigan State University College of Law) and Teresa Park (a graduate of Osgoode Hall Law School in Toronto) sat down to compare their personal journeys. They explored the key differences in legal education across the border, offering invaluable insights for anyone considering a future in law.
The Educational Experience: Different Philosophies

While both Canadian and American law schools aim to produce sharp legal minds, their approaches can differ.
One of the most talked-about aspects of American legal education is the Socratic Method. As Andrew explained, this teaching style, where professors cold-call students and engage them in a rigorous Q&A dialogue about cases, is intense. It forces you to be prepared, think on your feet, and defend your arguments under pressure—skills that are essential in a courtroom.
Both Andrew and Teresa highlighted the immense value of practical experiences like moot court. These simulated court proceedings are fundamental in both countries for developing essential advocacy and public speaking skills. Honing your ability to articulate a persuasive argument is a universal skill that transcends borders.
The Financial and Licensing Maze

The practical realities of cost and licensing are major factors in this decision.

• Tuition Costs: Generally, tuition at U.S. law schools, particularly private ones, can be significantly higher than in Canada. This financial consideration is a critical part of the decision-making process for many students.
  
• Navigating Bar Admissions: The path to becoming a licensed lawyer is quite different. In the U.S., you typically write the bar exam for the specific state where you intend to practice. In Canada, the process involves completing provincial bar exams and an articling period (or a Law Practice Program), which is a form of apprenticeship. Andrew noted the complexities of navigating these distinct requirements, especially for lawyers wanting to practice in multiple jurisdictions.
  

Career Horizons and Jurisdictional Impact

Where you go to school can heavily influence your career opportunities. While a degree from a top school is respected anywhere, cross-border practice isn't always straightforward.
Andrew and Teresa specifically discussed the world of personal injury law, noting a significant gap between the U.S. and Canada. The legal frameworks, damage awards, and litigation culture can be vastly different. Understanding these nuances is crucial if you plan to practice in this field. If your goal is to work in the U.S., attending an American law school can provide a more direct path and a deeper immersion into that country's legal system and networking opportunities.
Ultimately, your choice of law school and jurisdiction sets the foundation for your professional life. It influences the connections you make, the legal systems you master, and the career doors that open for you.
Final Thoughts for Future Lawyers

Making an informed decision requires careful consideration of your personal goals, financial situation, and desired career path. Do you envision yourself in a Canadian courtroom or an American one? Are you drawn to the intense, Socratic-style learning environment, or does the Canadian articling system appeal to you?
If you are a Canadian student considering law school in the United States, feel free to reach out to Andrew Iacobelli.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

As an American citizen who practices law on both sides of the Canada-USA border, with offices in Toronto, Ontario, and in Florida and Texas, USA, I have a deep and personal understanding of the challenges you face. At the Iacobelli Law Firm, we are honored when called upon to assist Americans who have been injured while visiting Canada.

Why Your Case is Unique
When an American is injured in Canada, navigating the legal and insurance systems can be daunting. The laws, healthcare systems, and economic loss calculations are fundamentally different from what you're used to in the United States. We have extensive knowledge of these unique circumstances, including how to handle:

• Healthcare Costs: American residents have different health insurance and billing systems than Canadians. We know how to properly account for these expenses to ensure you are fully compensated.
• Economic Losses: Whether it's lost wages or other financial impacts, we understand how to present your case to a Canadian insurance company in a way that accurately reflects your losses under U.S. and Canadian laws.

Experience You Can Trust
My experience practicing law in both the USA and Canada gives me a distinct advantage in these cases. I have extensive experience helping Americans injured in:

• Canadian Motor Vehicle Accidents: From navigating the complexities of Canadian no-fault insurance to ensuring your rights as an American driver are protected, we are here to guide you.
• Premises Liability Cases: Whether you were injured in a slip and fall at a store or an accident at a public venue, we can hold the responsible parties accountable.

If you or a loved one has been injured in Canada, don't face the insurance companies alone. We understand the unique circumstances of your case and have the experience to get you the compensation you deserve.

Call us for a Free Consultation to discuss your personal injury claim. Let us put our knowledge and cross-border experience to work for you.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. 

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Today I'm talking to people who are laying in a hospital bed right after a serious accident. They're dealing with medical treatment, but they're also wondering how they will deal with their finances, their medical bills, and all of the pain and suffering that they're going through.
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Why Timing Matters When Hiring a Lawyer
The first question is, should you wait until you're discharged or is it better to start and look for a lawyer while you're still in the hospital?
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Our recommendation is always try to get a lawyer as soon as possible. Insurance companies will start collecting information and sure enough, they'll know based on the severity of the injury, what's already been reported to them, that you probably have severe injuries and may be hospitalized.

Insurance Companies' Tactics
Those are the type of claims where the insurance company starts mobilizing quickly to defeat your case. They will start hiring their own legal counsel. They may be doing investigations. If it's your insurance company on the no fault benefit, they might even start sending people in the hospital to meet with you. They might send healthcare providers to meet with you and prepare forms and try to determine what kind of healthcare you need. 

Now, while that all sounds good and helpful, the reality is all of the insurance companies, not just the insurance company for the at-fault party, but even your own insurance company is always driven with a motive to save money. So even though they may have obligations under the contract, their motive is to save money.

If at all possible, through your family, through your friends, someone you trust, or even yourself if you're well enough to do so, try to find a lawyer as soon as possible, even though you're still in the hospital.

Finding the Right Lawyer
The question that comes up is, how do I select the right lawyer for a serious injury claim when I'm in the hospital? There's a few things you can do to inform yourself on whether or not the lawyer is the right lawyer for you. 

Hire a Lawyer Who Knows Your Type of Injury Case
So number one, obviously you want to find a personal injury lawyer with experience handling cases like yours. Is it a motorcycle accident, a truck accident, a car accident, a premises liability case, and has the lawyer experience in those areas of law representing people with serious injuries like yours? 

Evaluating a Lawyer's Reputation
Number two, you want a lawyer with a good reputation. There's several ways to find out a little bit about that lawyer. You can look at their online reviews. There's typically reviews that are done specifically for lawyers that rate and review lawyers as well online. You can look at those. How many years of experience does the lawyer have? Have they been practicing a significant amount of time? You can look at client testimonials, case results, things like that will give you some indication of the lawyer's reputation or experience.

Interviewing Potential Lawyers
Third, when you're interviewing the lawyer, ask questions. Find out from the lawyer directly, have you handled cases like mine? What kind of results have you had in the past with similar cases? And the lawyer should be able to also share that with you, and maybe they can even share with you a client that they've had that is willing to speak to you and give their own personal experience, share their experience with you. 

Free Consultations: What Every Injury Victim Should Know
Most reputable personal injury lawyers that handle serious accident cases will provide you with an upfront consultation. No obligation, no fees, absolutely free and confidential. 

If the lawyer's asking for something upfront, that should be a red flag. Take the opportunity, interview lawyers, don't just go off of somebody's recommendation, necessarily. Interview them and if you're not completely satisfied that they're the right lawyer for you. Feel free to interview additional lawyers.

How to Check a Lawyer’s Credentials Before Hiring
Another way you can look to see the credentials of the lawyer is check out whether or not they are a member of, besides the local bar, but are they a member of local justice associations, trial lawyers associations, any other boards that demonstrate that this lawyer is extremely dedicated to that practice of law and is continuing education, participating in conferences. Because that will also show you the lawyers that have a real passion for this area of law and are committed to improving their skills and always striving for excellence in the field. So that's also an important indicator if they are a member of some of these important national and local organizations specific to this area of law.

Choose a Lawyer Who Puts You First
And then of course, accolades, reputation, all of that is really nothing unless you also have a personal connection with that lawyer. It can't be emphasized enough that personal injury claims really are a personal experience. You and that lawyer will have to work together for some period of time. It's going to involve your health, your finances, your family, your future. Because of that, you really wanna work with a lawyer that you feel has your best interest at heart, that cares not only about your case, but cares about you and your outcome and your recovery, and really tries to make the process as comfortable as possible for you. 

Have Questions? Contact Us Today!
Choosing the right lawyer should make your life easier, not harder. You're welcome to call us if you want a free consultation. We're happy to meet with you at your hospital or by video or by phone. If you have any questions about this subject or suggestions for other subjects, feel free to ask your questions in the comments below, and we'll try our best to address those in the future.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

Teresa: Hi everyone. I'm here with Andrew today and we're going to be discussing mediations. What it is, what to look out for, how to prepare yourself, how your lawyer should be preparing you, and different strategies that are used both by your lawyer and the other side, so you have an idea what you're walking into.
What is Mediation?
Andrew: Pretty much any injury claim, if it's in litigation, at some point we'll have a mediation. Now, depending on the jurisdiction you're in, some jurisdictions require mediation. That means you must have a mediation before you can go to trial. But even in jurisdictions where it's not mandatory, it has become the norm.
I think to start, we should explain to people what a mediation is. 
Teresa: Yes. So a mediation is a part of what we call an ADR alternative dispute resolution. And it is, like you were saying, the most common tool that we use. And it's a place where you have a non partial third party that will mediate. You'll have your own lawyer and you'll have the opposing side as well come to the table. They're going to have an amount in their heads about what they believe the file is worth, and essentially it's negotiation. We go back and forth discussing our first offer, second offer. And the job of the mediator, if they're good, is to essentially tell the other side why their file or their case is bad.
And the same thing for us. And as lawyers, what's important for us is to determine what part is an exaggeration and what part we can take away for our file thinking, you know what, that is a hole that we can address further down the line. So even though mediation a lot of people think is just a place for settlement, it's also a place where we understand our file through the eyes of the adjuster, the eyes of the insurance company, and that's really valuable input that you will not be able to have in a different setting.
What's My Role and What to Expect in Mediation
Andrew: For prospective clients that might be facing a mediation, wondering what their role is and what it's going to look like. I generally explain to clients, you know, mediation, you're gonna attend with your lawyer. Okay so if you're a plaintiff, you're the injured party or the family of an injured party, you and your lawyer will attend. And the good news is you're not gonna be examined, you're not gonna be asked questions, you're not gonna be forced to undergo any medical assessment. Really, you don't have to say much to the other side. You'll have the opportunity throughout the day to speak to your lawyer, but there won't be that sort of pressure similar to a deposition or something like that.
On the other side of the case, the defense lawyer, typically a representative of the insurance company, an insurance adjuster will attend. In the context of personal injury cases where there is insurance on the opposite side of the case, it's extremely rare that the actual defendant or the at-fault party attends. It's usually just the insurance company and the insurance company's lawyer on the other side. The mediator, as Teresa mentioned, is the impartial middleman or middle person that tries to facilitate the dialogue or the discussion between the two parties to try to get them to come to a consensus on value, and if they can reach an agreement on the value of the case, will settle.
Why Do Lawyers Use Mediators?
Andrew: The reason why we use mediators as opposed to just sitting around a boardroom table is because negotiations get heated. Both sides are invested, and have a strong view typically of their case. Believe in it. If you negotiate with that kind of emotion, sometimes it forces people to stand up and walk away. Get offended. Yes. argue, which really doesn't facilitate getting to the objective. The good news is, apart from brief opening introductions where each side gets to present their theory of the case, the majority of the mediation, the lawyer and their clients are alone. 
So if Teresa and I are mediating on behalf of one of our clients or attending mediation with one of our clients. It'll be the two of us and our client in a conference room. Or if our client's unable to attend in person by Zoom. And it's just us and we can get emotional, our client can get emotional, we could get angry, we could say whatever we want and no one in the other room is gonna hear it. And in fact, we'll bring the mediator in, we'll tell the mediator, they're wrong, they missed this, they missed that. They don't know the facts of the case. They haven't read the medical records. They must have not looked at the police report or the witness statements and explained our point of view. But the good news is, no matter how heated we become with the mediator, a good mediator will walk out that door, exit our room, walk down to the defense room, and very politely and comfortably be able to articulate those points.
Without any of the emotion attached and say, well, have you considered this? And sometimes the mediator may not even say it came from the other room. The mediator could say, you know, I read the records. Have you considered this or have you considered that point of view? 
And so that's the whole idea is that you keep the parties there. The mediator will go back and forth between the two rooms, or if there are more parties between the various rooms, we may make a demand for a certain amount of money. Then the defense responds and the mediator will walk in and tell us what it is. 
Teresa: We also provide the mediator with a brief, so they will have all the information.
Both our side and the defendants will go ahead and basically outline the strengths of their case, and the mediator is actually able to, you know, read both and determine on their own. Generally the mediators are lawyers themselves or or lawyers who have since retired practicing and just do a mediation practice so they know exactly what to look for. They know when a file is strong. They know when a lawyer is lying or perhaps may not know the law, and they're able to level set the playing field more than we could because like you said, people can get very emotional.
It's easy to see the opponent as the enemy, whereas a third non partial party will not see it that way. And more of, okay, let's get this done. Let's get this file settled and let's come to a resolution that's beneficial for both parties. 
Importance of Mediation Briefs
Andrew: Yeah, and you mentioned something actually important, which is the documents or the mediation brief or memos that get served in advance of the mediation. So how important are those documents to the ultimate success for, outcome of the mediation, do you think? 
Teresa: It's I think one of the most important things. You can have a great mediator and you can have great lawyers on both sides, but if you don't have a brief that details the strength of your case or even what the case is about, there's really nothing to negotiate.
During a mediation, you have an opening, which, you know, both lawyers will do. It's a very short synopsis of what your file is, what happened in the accident, et cetera. However, it's just not going to be enough. The brief is an opportunity where we bring to the table. Our firm is very detailed in our briefs. We talk about every single doctor's notes and diagnosis, and we really show that we know our stuff. So it's an opportunity not only to show the mediator what happened in our file or what is going on in our file, it's also an opportunity for us to show the defendants, hey, we know our stuff. We know what this file is worth, and we're ready and willing to put up a fight if it goes that way, and if the file does not settle.
Andrew: Yeah, good point. 
Defense Perspective on Mediation
Andrew: Now, both you and I also have the experience of being on the defense side in our past practice. You, more recently than me. Share a little bit about how that information is used by the defense. Why it's important to really prepare good materials in advance of the mediation and how that's used in the defense camp with the insurance company, with the defense attorney to help put them in a position to bring enough money, essentially, to get the case settled.
Teresa: So it's actually quite an art I would say, mediation briefs. And this is why I say that. As a, you know, insurance defense lawyer, if I got a mediation brief that was 600 pages, I would think this person doesn't know anything about the file. This is lazy, it's sloppy. And I'm going to just walk all over you, essentially speaking.
Yeah. Like I'll read the actual substantive part, and I'll say, don't worry about this one. Because if you know your file, you would be able to hand select the very important strong matters, the medical records that are important, the reports that are actually meaningful, and you wouldn't try to bombard me with all this information.
Also, keep in mind, that looks really bad for the mediator because even though there were. It's supposed to be non partial. If you give me 600 pages to read, you know, two days before the mediation, I'm going to be a little bit disappointed in your conduct and also disappointed in your work ethic. Because it is sloppy and lazy.
The other side is if you know I get a mediation brief and it's two pages, think the same thing. Why would I come to the table or why would I get my client to bring more money than necessary? When I know you don't know the file. It's really easy to give a bad impression of yourself even before the mediation actually starts.
From my end, if I saw a well put together mediation brief, which for example would be detailing again, you know, the different conditions, the symptoms, what has happened in their lives since, how this accident has impacted them, and also specifically the codes of the diagnoses, the symptoms. Then I feel okay, they know what they're doing and I'm gonna tell my adjuster, listen, we need to come to the table because trial may be actually risky for us. So then we're able to bring a little bit more to the table to make sure that we're able to settle as opposed to drag this on if I know that your case is soft or you don't know the case.
Andrew: So it shows preparedness. It shows the level of basic preparedness and the work product of that lawyer. Which gives you some insight into how they will be as a trial attorney as well. 
Teresa: It actually speaks volumes to the firm. A lot of lawyers don't understand that your reputation as a lawyer follows the firm as well.
So if I was working with a lawyer, a personal injury lawyer, and they were always settling and always taking the low ball offers, I'm going to think, well, in the future when I have you, I'm only gonna give you low ball offers and even lower than I've given you. And also I'm going to assume your firm is also training their employees to do the same. Now for the rest of the files that you have with me, I'm going to low ball you. more and more. So it's very important that you don't establish that kind of reputation because it will follow you, and not only that, it will follow the law firm. 
Andrew: Yeah, that's a good point.
Client Preparation for Mediation
Andrew: One of the things that I like to tell clients is the whole mediation in my view, is really built for insurance companies. It's built to save insurance companies money and is built to close files at less expense to them. Really to let them get away with paying less. That's just my perception. I don't know if that's a fact, but that's my perception. And I see mediators use phrases like success attached to settling and failure or the mediation has failed where the case is not closed, at the end of the mediation. 
When I'm preparing a client to attend mediation, the first thing I wanna tell them is that the mediation is not the negotiation. It's not like, Hey, we're going there to write a test, and we're either gonna fail if we don't settle or pass, or succeed if we settle. It's not ‘the’ negotiation. It's simply a part of the negotiation. The negotiation is the entirety of the case. You're negotiating all the way up until you walk into that courtroom and you start trial. 
That's always the mindset I'd like my clients to be in. We're not going there to settle. We're not going there to chase a settlement. We're going there to present your case in the light that we believe is fair, reasonable. The numbers we ask for, meaning the amount of money we ask the insurance company to pay you is going to be supported by facts, by evidence, by rationale. We're gonna present that to the mediator. Then we're gonna listen. We're gonna listen to what they come back with. We're gonna listen to the message. We're gonna try to use it as an opportunity to find out why they're only offering what they're offering if it's not what we're asking for. Why, what's the rationale? Where's the weakness? It's an excellent opportunity to hear what they think is wrong with your case.
And I love the fact that defense lawyers like to talk because it gives me an opportunity to learn, okay, that's what you think is wrong with my case, that's not so bad. Most of the time it's not so bad and I leave there feeling more confident about the case because I know what's still left to develop and where I can get the information or the evidence to reinforce those, what I'll call perceived weaknesses. Okay. They think we're weak on that part of the case.
It's really important to me that the client goes into the mediation with the mindset that it may settle. If it settles fine, at the end of the day, at the end of the process, we will know the most amount of money that the insurance company is willing to pay on that particular day, period. Doesn't mean that's all your case is worth. It means that's how much money they're willing to pay on that particular day. And if it's enough, if it makes sense, they'll settle their case. And if it doesn't, then we don't settle the case. 
Teresa: You know, the idea of walking away may sound scary to a lot of clients. I'm sure they're tired and you know, a lot of clients come to us and say, Hey, I'm just, I just want this over and done with. But I think the best way to walk into mediation as a lawyer, and you should be confident in that if your lawyer is willing to walk away, it's a really good sign because that means they're prepared. They're willing to fight with you for you, and also it's a great opportunity, like you were saying in a mediation to see where the holes are. 
I agree with you. It's not really about negotiations, it's about understanding your file even better from the eyes of the adjuster and also what we can do then as your lawyer to strengthen your file.
Also, it's a really interesting thing you say that the mediations are technically tailored for the insurance companies. It really is, and I feel. There are times where insurance companies will purposely, you know, schedule a mediation early to catch you off guard, to exhaust you to beat you down, and that's why it's important to have a lawyer that's willing to put their foot down and say, no, we're actually gonna walk away if you're not willing to come on a good faith basis. And we have no fear in that because the real damage is done when you take a settlement and it's not what the file is worth. Your client deserves the full amount and your fear of trial and your fear of what the mediator will call failure in walking away from mediation should not stop you from advocating for your client fully.
Oftentimes, it's an opportunity for us to, you know, nail the medicals, nail the liability after the fact. So we're walking away actually with more value than the settlement itself. Now we have tools to help you get the settlement that you actually deserve. 
Andrew: Yeah, that's good. And you said something, a good point I think. Also for clients out there, you know, they could feel somewhat defeated if their case doesn't settle at mediation, but if your lawyer is willing to walk away, that should give you confidence. That means your lawyer continues to believe in your case, continues to believe in their ability to tell your story, to get you more money. 
Teresa: And they wouldn't work for you.
Andrew: That's right. 
Teresa: More work when we walk away, but we want to do it because we know there's more there. 
Andrew: Yeah, that's right. Whereas if the lawyer says, we have to take it, it's the best offer of the day. Maybe it’s a lawyer that just has less confidence in your case. 
Yeah. Good point. Good point. So don't feel defeated if your lawyer's telling you, let's walk away. In fact, that should embolden you. That should give you more confidence that your case has merit and it's worth more. 
Teresa: Exactly. 
Andrew: Yeah. Yeah. I like that perspective. I'm gonna use that really good way of looking at it. 
How Do Lawyers Prepare Their Clients For Mediation
Andrew: How do you prepare your client for mediation? 
Teresa: I like to level set their expectations. I first say, you know, this is an opportunity for both parties to come to the table and I tell them the role of the mediator and they may be hearing hard stuff such as the mediator saying, you know, there's an issue here in your file and here, but let them know it's actually a benefit for us. So don't get discouraged.
I tell them that it's very possible that the other side may come up with nothing or a very insulting offer. And I like to tell them, you know, it's because it's a possibility. I wanna level set you. However, we're not gonna take it. As your lawyer, I'm here for a reason and my job is to advocate for you. And if I feel like an offer is disrespectful, we're going to walk away. Again that's an opportunity for us to build the file.
I also tell them, you know, of course we'll take their instructions, however we'll refer to them in terms of our offers. We'll give you an idea of how much we believe the offer should be. Yes. The first, second, third, however long it goes. But we'll also get their insight. 
It's a great process of cooperating and understanding where your client really is and their motivations, and must also discuss with them what we think is viable and what we don't think is viable. So it's very important to give them hope, yes, it may settle, they may come to the table with a really great offer and it'll be a perfect opportunity to end this and you can just move on with your life and heal. But also, it's a possibility where they may try to wear you down. And I think most of the time, insurance companies will try to wear you down and I make that clear. So when they hear something they didn't wanna hear, they're not set off by it. 
Andrew: Yes. Another important point is that we always wanna tell our clients, you know, you don't have to dress like you're gonna a wedding or you know, anything like that, but have respect for the process so dress respectfully. I don't want them overdressed, but I want them looking like they're going for a job interview or something like that. 
I generally encourage clients to bring someone with them, someone they trust, a family member, a spouse, a close friend. Because I think that's important during the mediation to also have somebody there in case they want to talk to someone or get some air.
Teresa: That's a good point. It could be an emotionally taxing process. We try our best, of course, and generally the defense lawyer is kind and patient, but you really don't know until you get to the mediation. You know, a lawyer who was acting very collegial with you on the phone could act completely differently in front of their client, which is the adjuster.
Another thing is, yes, be aware of your surroundings. A lot of the times the clients will be on Zoom and they'll be in public walking around. There's gonna be people around and it's very distracting. But also in the back of your mind, it does discredit you. We make sure that we, say, you know, be in a quiet room.
Make sure there is nobody actively walking around or talking to you and dress appropriately. You want to put your best foot forward and you wanna show the insurance company that you are human. The whole idea is humanizing you. And if you could help us with that, that is the only thing we really ask.
Andrew: That's right. And poker face. Yes. I always tell clients when we're alone, you can be open and share your thoughts, but don't reveal too much to the mediator, certainly not to the other side. They're always assessing you. They're looking at how you react to difficult information. If you get your backup and you look angry, then they start to think you may not present well as a witness at trial.
And then they, that's leverage. They offer less money. 
Teresa: From the insurance perspective, we, you know, we write memos after the fact, and a large portion of what I would write is exactly that, how I believe that client would be as a witness. Were they aggressive with us? Were they angry and yelling and couldn't take instructions from their own lawyer? For us that's all good. If I see that you are going to be very triggered at even the smallest things, you are not gonna be very likable in front of a jury. And I'm gonna take that into consideration when and if I make the next offer outside of a mediation or I just wanna push it all the way through to a hearing because I'm thinking this person is not gonna do very well.
And that's a really good opportunity for me to low ball you.. 
Andrew: Yeah. When you were a defense lawyer. 
Teresa: When I was a defense lawyer. 
Andrew: Now you're a plaintiff's lawyer, but you use that to educate the clients to make sure they don't make those mistakes. 
Teresa: No, absolutely. I think my practice area of being in insurance prior has really helped me. It's honestly very different being on the plaintiff side, but all the little tricks and things that we used to do in insurance defense, I now can look out for. So when a lawyer is speaking with me and they use their terminology and certain tactics that I'm used to. For me, a red flag goes off my head and I'm either able to shut it down or use it against them, which has been, you know, really invaluable.
Choosing the Right Mediator
Andrew: What about choosing a mediator? Anything that you look for in a good mediator? 
Teresa: For me, a good mediator is someone who's practice law for a really long time. That's for me, indicative of the fact that they know the law. They know what to look out for the, what the strengths are. You tend to use the same mediator over and over again because you build trust with them. So it's a really good sign if your lawyer knows a mediator because it streamlines the process really quickly and they're very earnest and honest with you. Whereas if you're a new lawyer and you don't know the mediator, there's a lot of little professionalism that goes into it but I think the beauty of having a mediator that you know is just they give it to you straight. There's no dilly dallying. It makes the process really quick and really simple, and you are able to understand the other side a lot better because you're not trying to hide it, hide the other side's, you know, position with niceties. And things can get very confusing with niceties. 
However, I generally like the insurance companies to choose their mediators, just because I'm very confident when I go to mediation, I prepare like it's a hearing, so I know my stuff. I'm not concerned the mediator's going to be, you know, leaning more towards the insurance provider because I already know they are. That has already been in my calculation. So if for whatever reason they choose that mediator and they feel more comfortable and more open with us, I see that as an upper hand as opposed to, you know, giving up something.
Andrew: It's funny you say that. I agree with that a hundred percent. Yeah. I'm the same way too. Yeah. I don't, I don't really fight too much about the mediator if the insurance company has someone in mind that it's gonna make them feel good, then we'll use that person because at the end of the day, it's not gonna really change my strategy and my view of the case. 
Teresa: Yeah, the facts are the facts. Yeah. The work is the work, the brief is the brief. A mediator is really not gonna change that. 
Andrew: But with that said, there are mediators I prefer, of course, over others. I just think they're more effective. But, I will try to suggest them when given the opportunity. But if the insurance company really digs in and has a mediator in mind, it's rarely ever a contentious issue for me, I'll let them choose. 
Teresa: For sure. Of course I'll have my input. Yeah. But if they're really set on one mediator or two, I'm not going to say no and just it's not the fight. I think at that level of negotiations, you have to pick your battles. That's not a battle I need to pick because it also may weaken your position or their view on your position. They may question why they need this specific mediator? Maybe, you know, their fall is weaker than they think or, et cetera. So it's just not a battle that's worth fighting. 
Andrew: Yeah, I agree.
Post-Mediation Considerations
Andrew: So a common question, we get near the end of a mediation when we're suggesting let's walk away and there's an offer on the table from the insurance company or the defendant. Our clients will say, okay well if I follow your advice and I walk away, what if I changed my mind next week? Or next month? Can I still get the money that they're offering?
Unless there's an agreement to keep the offer open, which I don't like to do personally, and I'll explain why. But unless there's an agreement to keep the offer open, technically if it doesn't settle a mediation, all offers exchanged are off the table. Practically speaking, it's been my experience that if they've offered a certain sum of money outta mediation. If you call them back later within a reasonable amount of time, unless some major new evidence emerges in the case, that changes the case. Practically speaking, you can, you can still get that offer. That's been my experience. 
Teresa: I agree with you. I mean, ultimately there's no guarantee that the offer will still exist, but obviously that's how they value the file and probably less than they value the file. So it'll still be a good business decision for them to take it. But also, keep in mind, your lawyer walked away because we believe there's more on the table. 
Andrew: That's right. Right. That's the most important thing. Yeah. 
Teresa: There's a reason we walked away from that settlement value. And they also know that. Of course there's no guarantee, but it still puts us in a better position, again, depending on what happened between the mediation to when we go back and ask them if that offer still exists, we may have gotten better information, better medicals, and you know, strengthened your case and maybe we can even ask for a little bit more. 
Andrew: Well, that's the whole reason, right? If we walked away, it's because we didn't believe it was enough money. 
Teresa: Exactly. 
Andrew: And we believe it's worth more. And so then our mission, our goal becomes to continue to educate the insurance company and their lawyer as to why our offer makes sense and why they should pay it. 
Teresa: The beauty is you really can negotiate up until the hearing, so there's no fear, even during trial, there's no fear in the fact that you're giving up your rights to settle, you're really not. I think it is just one specific tool that you could use to settle, but there are a plethora of ways that we can really get the file settled for you if that's what you want. 
Something as simple as getting on the phone with opposing counsel and saying, listen, let's just settle this file, et cetera. It can be as informal as that, or something like a formal settlement offer. You know, your lawyers will work with you, we will work with you alongside, and we'll get your instructions, ask you questions. Whatever you like, we will do with our advice on what we believe is correct, but we'll always follow suit, in terms of what our clients need.
Andrew: That's right. At the end of the day, it is the client's file. Exactly. Client's case. 
Have Questions? Contact Us Today!
Teresa: Thank you so much for tuning in today. I hope we gave you a good insight into what mediation is and what I want you to take away is that mediation is not something scary. It's quite exciting. It's basically signaling to you that your file is well on its way and is an opportunity, even if it doesn't settle, to look into the minds of the insurance defense company, and an opportunity then for you and your lawyer to build your file up. To bridge the gap, to fill in the holes to make sure that you get the best settlement that you deserve and the full value of what your file is worth.
Andrew: If you've got any questions, reach out to us. Our contact details are located in the show notes below. 
Teresa: If this video was helpful for you, please like and subscribe as we'll be doing a lot more content on a variety of topics.

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At Iacobelli Law Firm, we believe in the power of community and are committed to supporting causes that make a real difference in the lives of those around us. That is why we are incredibly proud to announce our sponsorship of the Centurians MC - North Toronto Cruisin' for the Cause Ride and Rally on Saturday, August 16, 2025.

This fantastic annual event brings together motorcycle enthusiasts from across Ontario for a day of camaraderie, open roads, and charitable giving. Most importantly, all proceeds from the rally go directly to supporting the invaluable work of Sick Kids Hospital, a cause we are honoured to champion.

For motorcycle riders looking for a memorable day out, the "Cruisin' for the Cause" is an event not to be missed. For only a $35 ticket, participants will be treated to a scenic guided ride through some of the area's most beautiful landscapes. The day is packed with value, as the ticket price also includes a delicious lunch, access to great vendors, and the chance to win exciting prizes.

We are inspired by the dedication of the Centurians MC - North Toronto for organizing this event year after year. It’s a perfect example of a community coming together to have fun while making a significant impact on the well-being of children and their families.
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Iacobelli Law Firm is honoured to stand with the riding community in support of this wonderful initiative. We invite all our friends, clients, and fellow riders to join us for a spectacular day on the road for a truly great cause.
Ready to ride? For more information and to purchase your tickets, please visit the Centurians MC website at www.centurionsmc.ca. We look forward to seeing you there!

Life can take an unexpected turn in a fraction of a second, leaving individuals and their families grappling with the devastating consequences of serious and life-altering injuries. In these critical moments, securing exceptional legal representation isn't just a necessity, it's a crucial step towards rebuilding a future. For those in Toronto facing the profound challenges of spinal cord and traumatic brain injuries, Andrew Iacobelli and his firm, Iacobelli Law Firm, stand out as a leading force in advocating for victims and their families.

With a dedicated focus on the complexities of catastrophic injury claims, Andrew Iacobelli has built a formidable reputation for his unwavering commitment to clients who have suffered the most severe and impactful injuries. Understanding the intricate medical and legal nuances of spinal cord and traumatic brain injury cases is paramount, and it is here that Iacobelli’s expertise truly shines.

A Focus on Life-Altering Injuries
Unlike lawyers that may generalize in personal injury, Andrew Iacobelli hones his practice on the most serious cases. This focused approach means that clients benefit from a depth of knowledge and experience specifically tailored to the unique challenges of spinal cord and traumatic brain injuries. These cases demand an in depth understanding of long-term care needs, future medical expenses, rehabilitation requirements, and the significant impact these injuries have on an individual's quality of life and their family's well-being.

Andrew's experience and focus underscore a commitment to helping only those with very serious life-changing and potentially catastrophic impairments. This dedication is further evidenced by Andrew Iacobelli's recognition within networks such as the Toronto ABI (Acquired Brain Injury) Network, which notes his significant experience in handling brain injury cases.

A Compassionate, Client-Centered Approach
Beyond the legal acumen, what consistently emerges from client testimonials is the firm's compassionate and personalized approach. Victims of devastating injuries and their families are not just case files; they are individuals deserving of empathy, respect, and unwavering support. Reviews frequently highlight the firm's responsiveness, the clarity of their communication, and the genuine care extended by Andrew Iacobelli and his team. This empathetic handling of sensitive situations provides immeasurable comfort during incredibly difficult times.

Clients repeatedly praise the firm for taking the time to listen, understand their unique situations, and guide them through every step of the complex legal process. This client-first philosophy is a cornerstone of Iacobelli Law Firm's practice.

Proven Experience and a Commitment to Justice
Andrew Iacobelli's experience extends to representing clients in both Canada and the United States, including a notable focus on cross-border accidents – an area where he has even authored a book. His membership in prestigious legal organizations like the Ontario Trial Lawyers Association, the Florida Justice Association, and the American Association for Justice further speaks to his standing in the legal community.

While specific multi-million dollar settlements are often confidential, the firm's track record and client testimonials point to a history of securing the necessary resources to help clients move forward. Their "No Fees Unless You Win" promise also ensures that access to high-caliber legal representation is not a barrier to seeking justice.  

Navigating the Path to Recovery and Fair Compensation
For individuals who have had their lives irrevocably altered by a spinal cord or traumatic brain injury, the path ahead can seem daunting. Andrew Iacobelli and Iacobelli Law Firm offer more than just legal representation; they provide a dedicated team committed to shouldering the legal burdens, allowing clients and their families to focus on healing and adaptation. Their understanding of the critical need for access to excellent healthcare and long-term financial planning sets them apart.

Choosing Your Advocate Wisely
When faced with the aftermath of a catastrophic injury, the choice of legal representation is one of the most critical decisions you will make. Andrew Iacobelli's focused expertise in spinal cord and traumatic brain injuries, combined with a proven commitment to his clients' well-being and a strong track record, positions him as a leading lawyer in Toronto for those navigating these life-altering circumstances.

If you or a loved one has suffered a serious injury, seeking knowledgeable and compassionate legal counsel is paramount. Consider reaching out to Andrew Iacobelli and the Iacobelli Law Firm to understand your rights and explore the path to securing the support and compensation you rightfully deserve.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

The open road, the promise of Canadian adventure – renting a car often feels like the ultimate symbol of freedom on a cross-border trip. You envision sweeping landscapes and charming towns, not the jarring reality of a collision. But for U.S. citizens, an accident in a Canadian rental car throws you into a complex legal and insurance maze, far from home.

At Iacobelli Law Firm, we've seen this scenario play out countless times, and our mission is to guide Americans through this often overwhelming experience.

The Immediate Aftermath: Shock, Then Action
The moment of impact is disorienting, wherever you are. But when it's in a foreign country, the stress intensifies. Your first priority, as always, is safety. Get to a secure spot if possible, then immediately call 911. A police report isn't just a formality; it's a critical document that will anchor your insurance claims later on. While the scene is fresh, gather all the details you can: names, contact information, insurance specifics from everyone involved, and snap plenty of photos of the vehicles, the accident scene, and even the road conditions.

Perhaps most importantly, seek medical attention. Even if you feel fine in the shock of the moment, injuries can surface hours or days later. Canadians are friendly, but their healthcare system isn't free for visitors; you'll need to keep every medical record and receipt. And don't forget to contact the rental car company as soon as you're able to let them know what's happened.

Unraveling the Insurance Web: Your U.S. Policy, Credit Cards, and Rental Options
Here’s where it gets particularly intricate for Americans. You might assume your U.S. auto insurance will simply cover everything, and while it often extends some coverage to Canada, the devil is truly in the details.

Your personal U.S. auto policy might offer collision and comprehensive coverage for the rental car itself, meaning it could cover the damage to the vehicle you rented. But it's absolutely vital to confirm this with your insurer before you ever cross the border, understanding your deductible and any limits on the rental car's value. Your policy will also likely provide liability coverage for damages you cause to others, but Canadian provinces often have much higher minimum liability requirements than many U.S. states. If your U.S. policy's liability limits are low, you could find yourself personally exposed for a significant amount if serious injuries or property damage occur.

Then there are your credit card benefits. Many credit cards offer some form of rental car insurance, typically covering damage to the rental vehicle itself if you paid for the rental with that card. However, these benefits are almost always secondary, meaning they kick in after your personal auto insurance. Crucially, they rarely cover third-party liability – the costs if you injure someone else or damage their property. Always, always read your credit card's terms and conditions or call them directly to confirm coverage before your trip.

Finally, you have the rental car company's optional insurance. While the Loss Damage Waiver (LDW) or Collision Damage Waiver (CDW) might seem redundant if your personal insurance covers the rental car, it can save you the headache of deductibles and dealing with your own insurer for vehicle damage. But perhaps the most important add-on to consider, especially for cross-border travel, is Supplemental Liability Insurance (SLI). This provides significant additional liability coverage, often up to a million dollars or more, specifically to protect you from claims exceeding your personal policy's limits. Given Canada's higher legal standards for damages, this can be an invaluable safeguard.

When Injuries Occur: Navigating Claims from Across the Border:
If you've been injured, the landscape shifts dramatically. In Ontario, like many Canadian provinces, you're entitled to Statutory Accident Benefits (SABs) regardless of who was at fault for the accident. These benefits are designed to cover essential costs like medical treatments, rehabilitation, and even income replacement. As an American, you'd typically apply for these through the rental car's insurer or your own U.S. auto insurer if your policy extends to Canada.

Beyond these immediate benefits, if another driver was at fault for your accident, you might also have a "tort" claim. This is essentially a lawsuit against the at-fault driver for damages not covered by your SABs, such as pain and suffering, future income loss, or other significant out-of-pocket expenses. This is where the complexities of Canadian personal injury law truly come into play. Your U.S. insurer will be involved in coordinating payments and recoveries, adding another layer of complexity to an already stressful situation.

Why You Need the Iacobelli Law Firm Advantage
Navigating a rental car accident in Canada as a U.S. citizen can feel like trying to solve a puzzle with half the pieces missing. This is precisely why Iacobelli Law Firm exists. Our unique expertise in cross-border personal injury claims provides a crucial advantage.

Our founder, Andrew Iacobelli, didn't just stumble into this niche; he literally wrote the book on it – "The American's Guide to Personal Injury Claims in Ontario, Canada." This means our team possesses an unparalleled understanding of how U.S. insurance policies intersect with Canadian legal frameworks, particularly Ontario's specific laws regarding accident benefits and tort claims.

With offices strategically located in both the United States and Canada, we offer seamless communication and coordination, acting as your direct bridge between the two legal systems. We understand the nuances of how your U.S. personal auto policy, credit card benefits, and the rental car company's offerings all play out against Canada's distinct no-fault and tort systems. We ensure you maximize every available coverage, meticulously guiding you through police reports, medical documentation, and the intricacies of insurance claims and any potential lawsuits.

Don't let the potential for a rental car accident deter your Canadian travel dreams, but do prepare wisely. Understand your insurance options, and if an accident does occur, remember that Iacobelli Law Firm stands ready with the specialized, cross-border legal support you need. Contact us immediately for a consultation – we're here to help you get back on track.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims. ​

Being involved in a car accident is disorienting enough. But for Americans injured in an accident in Ontario, Canada, the stress is compounded by unfamiliar laws, different healthcare systems, and the big question: how long do I have to make a claim?

This isn't a minor detail; it's a critical legal deadline known as the Statute of Limitations. Missing this deadline can permanently bar you from seeking compensation, no matter how strong your case.

At Iacobelli Law Firm, we understand these complexities intimately. Our practice is specifically built to bridge the gap for Americans injured in Ontario, offering a unique blend of cross-border legal expertise and personalized support.

Let's break down the key timelines for Americans seeking to file a car accident claim in Ontario.

The General Rule: Two Years from the Date of LossIn Ontario, the most common limitation period for filing a personal injury claim, including those arising from car accidents, is two years. This two-year period typically starts from the date the accident occurred.

This means that from the moment your vehicle collided in Toronto, Niagara Falls, or anywhere else in Ontario, a clock began ticking. You generally have two years to:

1. File a Statement of Claim (lawsuit) with the court. This is the formal initiation of a lawsuit.
2. Notify your own insurance company of the accident, especially if you intend to claim Statutory Accident Benefits (Ontario's version of NO-FAULT Law discussed below).

Why is this deadline so strict? Statutes of Limitation are designed to ensure that claims are brought forward in a timely manner while evidence is still fresh, witnesses are available, and memories are clear.

Specific Timelines for Statutory Accident Benefits (SABs)
Beyond a tort claim (a lawsuit against the at-fault driver for damages), car accident victims in Ontario are also entitled to Statutory Accident Benefits (SABs), regardless of who was at fault. These benefits cover things like medical and rehabilitation expenses, income replacement, and attendant care, among others.
The timelines for SABs are much stricter:

• 7 days: You must notify your own insurer (or the insurer of the vehicle you were in) of your intent to apply for benefits within 7 days of the accident. While this isn't a hard limitation that bars you forever, delaying can complicate your claim significantly.
• 30 days: You must submit a completed Application for Accident Benefits (OCF-1) to the insurer within 30 days of receiving the application package. The insurer is obligated to send this to you once they receive your notice of intent.

Crucial for Americans: If you have auto insurance in the U.S. that extends coverage to Canada, you'll generally apply for SABs through your own insurer first, or through the Canadian insurer of the vehicle you were in.

Minors and Individuals Under a Disability
If the injured American is a minor (under 18 years old) or an adult who is mentally incapacitated, the two-year limitation period typically does not begin until they turn 18 or regain capacity. However, even in these cases, it's vital for parents, guardians, or legal representatives to seek advice and act promptly.

Why Acting Quickly is Non-Negotiable – Especially with Iacobelli Law Firm by Your Side

1. Preserving Evidence: Memories fade, witnesses move, and physical evidence can disappear. The sooner you act, the stronger your ability to collect crucial information.
2. Medical Documentation: Early medical assessment and consistent treatment create a clear record of your injuries, which is vital for any claim.
3. Cross-Border Complexities Handled: Navigating different legal systems and insurance companies (your U.S. insurer and potentially a Canadian insurer) takes time. With Iacobelli Law Firm, you have a team already fluent in these cross-border challenges, ensuring a smoother process.
4. Expert Legal Counsel: At Iacobelli Law Firm, we specialize in cross-border personal injury claims. Our founder, Andrew Iacobelli, even authored the definitive guide, "The American's Guide to Personal Injury Claims in Ontario, Canada," offering unparalleled insight into the unique challenges faced by Americans in your situation.

The Bottom Line: When in Doubt, Seek Legal Advice from Cross-Border Experts

While this article provides a general overview, specific circumstances can change the applicable limitation periods. The best advice for any American injured in a car accident in Ontario is to contact Iacobelli Law Firm as soon as possible after the accident.

Our unique advantage stems from our deep expertise in cross-border claims. With offices in both the United States and Canada, we are strategically positioned to assist you seamlessly, no matter where you are. We understand the nuances of both U.S. insurance policies extending into Canada and the intricacies of Canadian personal injury law.

We have worked with individuals and attorneys throughout the United States to ensure that when Americans are injured in Canada, they obtain maximum compensation.  To learn more, Contact Us for a Free Consultation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries, Catastrophic Injuries, and wrongful death in Canada and the United States.  Andrew is a lifetime member of the Million Dollar Advocates Forum, and  the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". Andrew also hosts a popular podcast and YouTube channel on the subject of personal injury law and the rights of injury victims.