Being a pedestrian involved in a car accident is a traumatic experience. When it happens on foreign soil, it can be even more confusing, especially for Canadian pedestrians hit by cars in the United States. In such cases, understanding your rights and options for accessing benefits becomes crucial. This article explores the rights of Canadian pedestrians injured in the U.S. and their ability to access Ontario Uninsured/Underinsured Motorist (UM) and No-Fault Benefits.
The Basics of Ontario UM and No-Fault Benefits
In the context of a Canadian injured in the United States, the two most important aspects of Ontario's auto insurance system are: Uninsured/Underinsured Motorist (UM) coverage and No-Fault benefits.
Rights of Canadian Pedestrians Injured in the U.S.
When Canadian pedestrians are hit by cars in the United States, several factors come into play regarding their rights to Ontario UM and No-Fault benefits:
Ontario Auto Insurance Coverage:
Your rights to UM and No-Fault benefits in Ontario largely depend on the terms and conditions of your auto insurance policy. In our experience, most Ontario auto insurance policies include at least $1Million in UM coverage. The Ontario No-Fault benefits are statutory and the coverage avaialble will depend on the nature and severity of the injuries.
U.S. Insurance Claims:
Given the complexity of cross-border insurance issues, it's advisable to consult with an experienced lawyer who is experienced in personal injury and cross-border claims. Canadian pedestrians hit by cars in the United States may have rights to Ontario UM and No-Fault benefits, but the specifics can vary based on the circumstances. It's crucial to understand the terms of your auto insurance policy, and seek legal advice to ensure you access the benefits you are entitled to.
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".
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