Canadian (Ontario) Injured in Car Accident in the United States - You May Have Rights to Make Insurance Claims In Ontario
Canadians regularly drive across the border in the United States for pleasure or business. When a Canadian (Ontario) resident is injured in a car accident in the United States, they may not be aware that they could have significant rights to make an insurance claim in Ontario. In fact, often times, the major component of the claim for injuries will be paid through Ontario auto insurance, even where the accident occurred in the United States and an American driver or vehicle is at fault for the accident and injuries. This may seem counter intuitive. Canadians travelling to the United States will no doubt see and hear advertisements from US car accident lawyers. While part of the claim may need to be advanced in the State where the accident occurred, very often the more significant insurance claims will be administered in Ontario.
Many Ontario residents injured in car accidents in the United States will have a first party insurance claim against their own auto insurance policy. This may be the case even in situations where you were not driving your own car at the time of the accident. There are specific coverages available for injuries that apply regardless of whether your accident occurred in Ontario or within another province or state. Also, and often more significantly, many US states have lower requirements for insurance than Ontario. In these situations, the Ontario resident may need to bring a claim for under-insured motorist coverage in Ontario. These claims are unique insofar as the law of the United States will apply for some aspects of the claim, although the claim itself will need to be commenced in Ontario. Many US attorneys are not aware that the underinsured and first party claims must be brought in Ontario even when the accident occurs in the United States. There are also deadlines for advancing these claims and Ontario Statute of limitations are often shorter than similar limitation dates in the United States.
Iacobelli Law Firm is experienced in cross border accident and injury claims. We regularly work with attorneys throughout the United States for both Canadians injured in the US and American citizens injured while visiting Canada. We are honored to have referrals from peers in Canada and the United States on cross border injury claims. Given our extensive experience with cross border claims, our lawyers have developed relationships with leading attorneys in most of the US states. Where necessary, we may be able to assist you in locating a suitable attorney in the United States for the portion of the claim that must be advanced in the United States.
Lawyer Andrew Iacobelli is a citizen of both Canada and the United States and he has resided and practiced law in both countries. Andrew is licensed in Ontario as well in the states of Michigan and Florida, and is the founder of Iacobelli Law Firm with offices in Ontario and Florida. To learn more about your rights or for a Free Consultation with absolutely no obligation call us any time at 1-866-234-6093 or complete our online contact form here.
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