If you’re a Canadian who travels to the USA, it’s important to know ahead of time what you should do if you’re injured in a car accident while visiting.
Visits to the United States by Canadians is common. More than 18 million people went to the United States for trips and sojourns, as per recent government statistics report. For overnight trips, cars are the most popular means of travel. Statistics show that most of the travels is done by car. Residents of Ontario who are considering crossing the American border should make sure they are conversant with the current regulations and laws, if you or your family is injured in a vehicle collision in the States.
Ontario Courts and American Car Accidents
If you’re involved in an auto accident where you were injured by a negligent driver, you have the right to sue then for injuries and property damages. Canadian residents who find themselves in that scenario can choose about which court they want to file their claim for compensation.
You have the option to sue in the U.S. state or city where the accident happened. Often, however, this is not an easy option for travelers. If you’re not injured to the point of being unable to travel, you may find it more convenient to come back to Ontario, continue your treatment, and consult a personal injury lawyer in Richmond Hill so that you can make the claim in your home province.
The Supreme Court of Canada has the following guidelines on when you can file a lawsuit in the Ontario courts. All or a few the following connecting factors need to exist:
• The at-fault party lives in Ontario.
• The accident occurred in Ontario.
• The defendant has business in Ontario
• A contract signed in connection with the claim was done in Ontario.
While this, on the surface, might sound fairly simple and straightforward, like most legal situation, it can be more complex than it originally looks to be. A personal injury lawyer will know the procedures and can look at the evidence and proofs of your accident and give professional advice on claims for damages.
Regardless of where the accident occurred and who was at fault, you must call your insurance company and give a report about the specific accident within a week of the collision. Claims processes for car crashes beyond Canada are similar to those that would have happened in Canada.
Before you leave on any driving trip to the United States, it’s a good idea to make sure you are covered with enough insurance. Coverage requirements vary between states and you can be secured against a driver with insufficient coverage by buying extra coverage for yourself. Talk to your insurance broker about those options.