Does Ontario Health Insurance Plan Have a Subrogation Claim when a Canadian is Injured in the United States?
The short answer is yes, the Ontario Ministry of Health and Long Term Care will advance a subrogation claim for motor vehicle accidents that occur in the United States. This may seem surprising since the Ministry does not have a claim for subrogation when an Ontario resident is involved in a motor vehicle accident in their home province of Ontario. When an Ontario resident is injured in a motor vehicle in the United States, however, the Ministry will be entitled to reimbursement for medical expenses paid by the Ontario Health Insurance Plan (OHIP) related to the car accident injuries.
US lawyers representing residents of Ontario, Canada must be aware of this right to subrogation and should request an OHIP decoded summary of services along with a statement of the subrogation amount being claimed. In addition, any other private health insurers (collateral benefits), including travel health insurance, or extended health carriers, may also have claims for subrogation. Before settling a file on behalf of an Ontario resident, lawyers must be sure to communicate with the Ontario Health Insurance Plan to resolve the subrogation claim.
If the policy limits on behalf of the at-fault vehicle are not sufficient (underinsured motorist), we may be able to assist. Iacobelli Law Firm regularly works with attorneys in the United States with the Ontario first party benefits and UIM claims. We welcome the opportunity to speak with you about your Canadian client injured in the United States, so feel free to call Andrew Iacobelli any time at 1-866-234-6093.
To learn more about your rights, call us 24 hours per day 7 days per week at 10866-234-6093 or visit out website to request 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 and wrongful death. Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way".