Navigating Cross-Border Car Accidents: What You Need To Know

Every year, millions of Canadian citizens travel south to the United States, choosing to travel by car. During journeys such as these, cross-border car accidents can occur and personal injury accident claims may follow.

Handling such a situation can be complex because the incident and claim involve different laws, procedures, and claims processes. You may be wondering how you can navigate a personal injury claim that follows a car accident while visiting the United States. In this article, our personal injury lawyers will explain what steps you need to take in a situation such as this.

What is a Cross-Border Car Accident?

A cross-border car accident is an accident that takes place when you drive between two different countries, which could be the U.S. and Canada. They can occur when you are driving while on vacation or taking a business trip.

Cross-border car accidents and the motor vehicle accident claims that follow can be complex since victims need to prepare for potential insurance limitations that may apply to their claim. Intersecting legal systems, such as the U.S. state tort law and the insurance law in Ontario, can be challenging to understand and navigate.

Legal Considerations in Cross-Border Car Accidents

If a vehicle accident takes place in the U.S., the U.S. laws of the state in which the incident occurred will have primary jurisdiction. Those laws will be the appropriate substantive law, with many cases being processed under US jurisdiction.

If the accident takes place in the U.S., U.S. tort laws will be used to decide negligence and compensation. This means that limitation periods from the U.S. state will also apply in this personal injury case.

Canadian courts will need to apply the law of the location in which tort claims happen if they assume jurisdiction. If the accident takes place in Canada, Canadian provincial law will govern the personal injury claim, liability, and insurance.

Insurance Considerations in Cross-Border Accidents

Your insurance company should cover another driver’s damages if you injure someone or damage their property. The accident will be assessed under the law of the particular U.S. state though your Ontario insurance policy will respond to the claim. It is important to discuss the particulars of your policy limits with a professional.

If you have sustained an injury, you may be entitled to the following types of support through your Canadian insurance company through Statutory Accident Benefits (SABS):

• Coverage for medical treatment
• Accident benefits for income replacement
• Benefit support for rehabilitation
• Coverage for attendant care for injury

It’s important to check and understand your policy to know what your insurance policy will cover you for, for incidents that take place on the border. Checking this beforehand will help you understand whether you have sufficient coverage. It’s also crucial to know how to make a claim with the other party’s insurance if you are a victim. This requires you to follow the steps below:

1. Exchange insurance information and obtain the other party’s insurance policy number as well as their vehicle details. Getting accurate details about their policy is essential for your insurance claim.
2. Report the incident to the opposite party’s insurer and provide them with your personal details, information about the incident, reports, and witness statements.
3. File the claim by describing the accident, the injuries you sustained, the damages incurred, and let them know that you are filing a third-party liability claim.

With uninsured automobile coverage, your insurance company should protect and cover you if you sustain damage when the at-fault driver doesn’t have insurance or is underinsured. For example, bodily injuries and medical expenses, rehab and lost wages will be paid for by your Ontario insurer, who may then attempt to recover money from the uninsured other party.

Steps to Take After a Cross-Border Car Accident

In addition to the steps above, there are also processes that you shouldn’t overlook following a cross-border car accident. Here are the steps we recommend you take immediately after the incident:

1. Prioritize safety – Make sure you check for any injuries and then contact the emergency services.
2. Contact the police in both countries – Contacting the police will ensure you have a police report that you can use in a personal injury claim.
3. Collect evidence/information – You should gather photographs, the opposite party’s driver’s license, their contact information, vehicle plates, and witness details.
4. Get medical attention – Get treated for your injuries, which will ensure you have a medical report as evidence in your personal injury claim.
5. Seek advice from a personal injury lawyer – An accident lawyer or personal injury attorney with experience with cross-border auto accident claims will be able to help you negotiate with insurance companies and navigate the legal complexities of the claim.

Medical Considerations in Cross-Border Accidents

Although seeking medical attention in a foreign country may seem complex, you can do this by contacting the local emergency services (911) and then going to the closest hospital or facility that offers urgent care. These steps apply even if the injuries you sustained are minor.

You will need to make an upfront deductible payment or even the full amount upfront. However, as an Ontario resident, you can have medical expenses partially covered by out-of-country coverage known as OHIP. OHIP only covers a small percentage of emergency health services, but SABS will also contribute to your medical treatment as well, even outside of Ontario, and if you have supplemental health insurance, this can help with the costs as well.

Making a claim with your insurers, afterwards, requires you to collect the medical bills, receipts, medical reports, and prescriptions, notify your auto insurer, and submit the bills to each insurance company.

Cross-Border Dispute Resolution

In your personal injury claim, there are additional specific scenarios when hiring a lawyer with experience in cross-border accident claims is ideal. If you need to complete complex calculations related to damages, have sustained large property or vehicle damage, are experiencing cross-border jurisdiction issues, or need to go through settlement negotiations, a local personal injury lawyer can help.

Navigate Cross-Border Car Accidents with the Help of Ristich Law

Cross-border car accidents involve unique and specific legal and insurance considerations, but when you have the right preparation and knowledge, you will find that the process is smoother. It’s important to understand insurance coverage and the legal process.

If you are unfamiliar with these factors, we advise consulting an experienced lawyer who understands cross-border car accidents. Handle your personal injury claim confidently with the right legal services and law firm. Contact Ristich Law today to get support for your claim.

FAQs

What Happens if a Canadian Gets in a Car Accident in the U.S.?

If you injure someone else in a car accident or are being sued in the Federal Court in the United States, it is important to notify your insurer as one of the initial steps, as they include liability cover that applies to incidents that happen in the U.S. and will have the right advice to help you.

What’s the First Thing You Should Do if You Have a Collision?

Immediately stop the car and switch on the hazard lights if you have a collision. Then, check each person for injuries and contact the police to get a police report for a personal injury case or claim. Make sure you exchange details with the other driver and collect evidence before reporting the incident to your own insurer.

What Happens if a Canadian Goes to the Hospital in the U.S.?

If you have been injured in the U.S. in a car accident, travel insurance and other insurance types can cover your medical treatment costs. These insurance types will also cover the hospital stay, but it will depend on the coverage level. Combining a few insurance policies, as mentioned, can help you handle these costs.