Ontario residents may be ready for some well-deserved vacation time that may take them around the United States and the rest of Canada. One thought many citizens travelling outside of Ontario may not like to think about is getting into an accident while away from their home province. Accidents can happen at anytime and in any place. Fortunately, there are remedies available for Ontario residents in the event that they are involved in an accident while travelling for vacation or business.
Ontario Statutory Accident Benefits
Ontario’s automobile insurance scheme includes first-party no-fault benefits known as Statutory Accident Benefits. These benefits are an important part of Ontario’s automobile insurance scheme. If an Ontario resident is injured in a collision, whether in Ontario or elsewhere in North America, he or she may be entitled to receive Accident Benefits. The type and amount of benefits depend on the severity of the injuries sustained in the collision. Generally, Accident Benefits provide coverage for a variety of expenses including medical and rehabilitation costs, such as physiotherapy, massage therapy, and chiropractic treatment, as well as income loss. An Ontario personal injury lawyer can assist you in navigating what benefits are available to you.
Election Between Ontario Benefits or Benefits in the Jurisdiction of the Accident
Travellers may worry that they will be required to pay out-of-pocket should they get into a car accident while outside of Ontario. Ontario residents injured in a motor vehicle collision within Canada or the United States will likely have the choice of electing between Ontario Statutory Accident Benefits or first-party benefits allowed in the jurisdiction where the motor vehicle accident occurred. This is an important decision, which should not be taken lightly, as it will impact upon the quantum and duration of available benefits including medical, rehabilitation, and income replacement benefits. An Ontario personal injury lawyer experienced in cross-border claims may be able to help you make an informed choice that works best for you and your situation. In addition to accessing the no-fault Accident Benefits through your own insurance provider, you will likely also be able to claim against the insurance company of the at-fault driver.
What if the At-Fault Driver is Uninsured or Underinsured?
Another layer of complexity often present in collisions that occur when travelling outside of Ontario is the risk that the accident is caused by an underinsured or, sometimes, uninsured driver. The minimum insurance coverage differs between the various provinces and states. Many U.S. States have lower insurance requirements than Ontario, which could mean that the US driver’s insurance may not fully cover your damages.
In this scenario, you, as an Ontario resident, may have a claim against your own insurance company in Ontario. This claim, which is independent from a claim against the underinsured US driver, must be commenced in Ontario, even though the accident occurred outside of the province.
Renting a Car Outside of Ontario? You May Not Have Sufficient Insurance Coverage
If you are renting a vehicle in the place where the accident occurred, you may not be eligible for accident benefits from your Ontario auto insurance policy. Ordinarily, when someone gets into an accident in a jurisdiction outside of Ontario, they have the option to receive one of: their own Ontario accident benefits, or the benefits allowed under the law of the jurisdiction of the accident. In the case where the injured person is operating a rental vehicle in the same jurisdiction as the accident, they are only entitled to the benefits allowed under the law of that jurisdiction. This could have significant consequences in the event of a serious accident. As such, it is recommended that travellers renting a vehicle, purchase supplemental travel insurance in the event of unexpected medical expenses.
Conclusion
Take the stress out of Travelling outside of Ontario by making sure you have adequate auto insurance and travel medical insurance. Cross border accident claims can be complex, so do not hesitate to contact an Ontario personal injury lawyer to ensure your rights are protected.
For more information please visit: www.iacobellilaw.com
Submitted by Andrew Iacobelli, Personal Injury Lawyer
Iacobelli Law Firm is a member of the Crash Support Network and we thank them for their support.
This article is also featured in our 2019 Summer Issue of Sharing our Recovery
The Crash Support Network is a unique website consisting of an online support group, a Crash Survivor Blog written by a survivor, our Sharing Our Recovery Newsletter, informative articles and a Virtual Crash Memorial. Our website is based on relationship-building and puts the needs of survivors first by creating a helpful resource for victims and survivors of motor vehicle crashes.
