Ontario Snowbirds may be much better off bringing their Ontario vehicle back and forth to Florida rather than purchasing or registering a vehicle in the United States.   The convenience of a Florida registered vehicle, could leave you with a major gap in your insurance coverage.  

Each year, thousands of Canadians from Ontario, affectionately known as "Snowbirds," migrate south to Florida to escape the harsh winter months. While the allure of sunny skies and warm beaches is undeniable, Snowbirds looking to purchase a vehicle in Florida should proceed with caution. The main concern lies in the potentially limited protection under their Ontario auto insurance policy, particularly when it comes to the family protection coverage against inadequately insured motorists.  

Understanding Family Protection Coverage
In Ontario, most auto insurance policies include family protection coverage. This coverage is designed to provide additional protection in the event you or a family member are involved in an accident with a driver who has insufficient insurance to cover the damages. Essentially, it bridges the gap between the at-fault driver's coverage and your own, offering peace of mind and additional financial security.  

The Florida Complication
The warm embrace of the Floridian sun comes with its share of complications regarding auto insurance.  Florida drivers tend to have far less liability insurance than Canadian vehicles.  It's actually not that uncommon for a Florida vehicle to have zero coverage for third party liability.  That means, if a Canadian is injured in a crash caused by a Florida driver, there is a significant risk that the at-fault party will not have enough insurance to cover the loss.   A serious injury in an auto crash in Florida can result in hundreds of thousands of dollars in medical bills, in addition to pain and suffering.   For Ontario residents, the good news is, that they usually enjoy protection from their auto insurance policy in Ontario.  This coverage, known as the Family Protection Coverage, protects Ontario residents injured anywhere in the United States from an inadequately insured driver.  

What Happens When an Ontario Driver Has a Florida Vehicle Insured in Florida?
When purchasing a vehicle in Florida, Ontario Snowbirds might find themselves in a tricky situation if involved in a crash with an inadequately insured vehicle. The reason? Your Ontario-based family protection coverage might not extend to vehicles registered outside of Canada, such as a car you buy and insure in Florida.  

Potential Gaps in Coverage
The primary concern for Snowbirds should be the potential gaps in coverage. If your newly purchased Floridian vehicle is involved in an accident with an inadequately insured motorist, you might find yourself without the comprehensive safety net provided by your Ontario policy's family protection coverage. This can lead to significant out-of-pocket expenses, especially considering the potential for high medical costs in the United States.  

Let's review why the Ontario Family Protection coverage might not apply.  The Family Protection coverage primarily protects the named insured (the person who holds the policy), their spouse, and any dependent relatives. A dependent relative could be someone under 18, over 18 but incapacitated, over 18 and in full-time education, or a relative mainly supported financially by the named insured or their spouse.  If the named insured is a corporation, association, partnership, sole proprietorship, or similar, officers, employees, or partners who regularly use the described automobile are covered, along with their spouses and dependent relatives.

The coverage does not apply if the insured person owns or leases the other vehicle for more than 30 days unless there is family protection coverage in force on that other vehicle. This is particularly relevant to the example of driving another vehicle that one owns, such as a Florida registered vehicle. If an individual drives another vehicle they own, they would only be considered an "insured person" under this specific coverage if the family protection coverage also applies to that other vehicle.

Let's Consider an Example:
Imagine John is a Canadian Snowbird from Ontario.  John has two cars. One is insured under a Ontario auto insurance policy with family protection coverage (Car A), and the other (Car B) is registered an insured in Florida. If John is driving Car B and is involved in an accident with an inadequately insured motorist, he might not be covered under the family protection coverage of Car A’s policy unless he has specifically included family protection coverage for Car B as well.

What Can Snowbirds Do?
If you are considering registering a vehicle in Florida, be careful.  Compare insurance prices, particularly with respect to Underinsured Motorist Coverage.  You can and should purchase Underinsured motorist coverage for any vehicle registered in Florida.  The costs of such insurance is often very expensive in the United States due to the higher risk of encountering a Underinsured motorist claim.  Otherwise, if may be wiser to transport your Ontario vehicle temporarily to the United States so that you have all the benefits of your Ontario auto insurance policy. 

Consider Additional Insurance: Travel and Health Insurance are essential if you are vacationing in the United States.  A serious accident can result in significant medical expenses.  

Conclusion
For Ontario Snowbirds, the dream of cruising down Florida's coastal highways in their own vehicle can quickly become complicated if the unexpected happens. While navigating the complexities of cross-border insurance coverage might seem daunting, taking proactive steps to understand and mitigate these risks is crucial. By doing so, you can ensure that your time in the sun remains carefree and protected, just as it should be.

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 and wrongful death in Canada and the United States.  Andrew is often referred to as the Snowbird Attorney and is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". 

Residents of Ontario, Canada enjoy travelling, particularly to escape the winter weather.  While these sun soaked vacations are usually great experiences, there are some occasions when injury occurs while out of the country.   This can be due to a car accident, or an injury that occurs while on a vacation resort.  The question that is often asked by the Ontario resident is, can I bring a lawsuit in Ontario for an accident that happened in a foreign country?  This is an excellent question, and one that has been the subject of consideration by the Supreme Court of Canada.  The answer, unfortunately, is it depends.  Like many issues in law, there are many factors that need to be considered when determining where a lawsuit can be filed.  This area of law is known as conflicts of law, and it requires a careful analysis of the facts and circumstances in the particular case.  

In the leading case of Club Resorts Ltd v Van Breada, 2012 SCC 17 (CanLII), [2012] 1 SCR 572 the Supreme Court of Canada enumerated factors to be considered when assessing whether an Ontario court could exercise jurisdiction for an accident that occurred abroad.  In this case, the accident occurred while on a resort in Cuba.  The defendants argued that Ontario courts did not have jurisdiction and that Cuba was the more appropriate forum.  In rejecting that position, the Supreme Court of Canada found that, under the circumstances, the Ontario court did have jurisdiction to hear the case. 

According to the Supreme Court, the common law real and substantial connection test, requires that the party arguing that the court should assume jurisdiction has the burden of identifying a presumptive connecting factor that links the subject matter of the litigation to the forum.  In the case of a tort (personal injury matter), the Court outlined the following factors as presumptive connecting factors that, prima facie, entitle a court to assume jurisdiction over a dispute:
(a)         the defendant is domiciled or resident in the province;
(b)         the defendant carries on business in the province;
(c)         the tort was committed in the province; and
(d)         a contract connected with the dispute was made in the province.

If jurisdiction is established according to the factors listed above, the claim may proceed, subject to the court’s discretion to stay the proceedings on the basis of the doctrine of forum non conveniens.  That means, the defendant will still have the opportunity to have the case dismissed on the basis that there is a more appropriate or convenient forum.  As the Supreme Court of Canada noted in Club Resorts Ltd v Van Breada:
"If a defendant raises an issue of forum non conveniens, the burden is on him or her to show why the court should decline to exercise its jurisdiction and displace the forum chosen by the plaintiff.  The defendant must show that the alternative forum is clearly more appropriate and that, in light of the characteristics of the alternative forum, it would be fairer and more efficient to choose an alternative forum and to deny the plaintiff the benefits of his or her decision to select a forum. "

As the above reveals, cross border injury cases are unique and present special factors that need to be thoroughly explored.  We are leaders in cross-border injury litigation.  We have represented countless Canadians injured outside of Canada, and we may be able to help you .  To learn more, call us for a Free Consultation.  Our phone lines are answered 24/7 - call us now toll free at 866-234-6093 or complete our online contact form here to get started. 

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 and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".