About 400,000 Canadians cross the world’s longest international border on any given day. Whether their visit to the United States is for business or pleasure, few people anticipate their trip will result in a life-changing injury.
While we share many similarities with our American neighbours, there are some significant differences when it comes to personal injury law and accident benefits. Choosing to work with a law firm with tried and tested experience in cross-border accidents can ensure you don’t make a costly mistake when deciding how to make your claims for compensation.
As one of Canada’s top-ranked personal injury firms, Howie, Sacks & Henry LLP has built a strong reputation for getting results for its clients, both at home and abroad. We represent people dealing with insurers in Canada and can also coordinate with American attorneys when clients need to launch actions in the United States.
Returning home from a trip contemplating life with a serious injury or permanent disability might cause you to fear for your future. But at HSH LLP, we’ll work to show you Hope Starts Here. Our knowledgeable, skilled, and experienced lawyers will provide support, empathy, and compassionate care as we advocate for you.
At A Glance
- Ensure you have adequate insurance coverage before you travel
- Cross-border legal issues require thoughtful and careful planning
- HSH LLP has the knowledge and experience to handle snowbird accident cases both on our own and with American co-counsel on a case-by-case basis
- We can help maximize your benefits and damages claims
Get Appropriate Insurance Coverage Before Heading South
A trip down south might feel similar to visiting a neighbour who lives across the street. But if you have the misfortune of being injured in the United States, you may discover that you lack some of the protections you have at home or in your own neighbourhood.
Canada’s universal healthcare program allows Canadians to access emergency medical care without worrying about having to pay much out of pocket. However, programs such as the Ontario Health Insurance Program (OHIP), cover only a small portion of the costs you may incur if you are injured or fall ill while travelling. Stories of snowbirds or other Canadian travellers who have been billed tens and even hundreds of thousands of dollars in medical expenses are all too common.
It is essential to purchase sufficient traveller’s health insurance for periods when you are out of the country. Moreover, if you are being treated for existing medical conditions, you should always ensure your traveller’s health insurance will cover these conditions if they worsen while you are away.
Buying a travel policy is not the only reason to contact your insurance broker. Motor vehicle accidents are one of the more common reasons a Canadian may become injured in the United States. Although your domestic motor vehicle insurance policy travels with you when you visit the United States, if another driver is at-fault for the accident, you could be in for a very unpleasant surprise when you make a claim for damages.
All Ontario drivers must carry motor vehicle accident insurance policies that provide a minimum $200,000 in extended third-party liability. This requirement ensures that if you are involved in an accident with an uninsured or underinsured driver, your own policy will cover the difference in damages owed up to $200,000. Most Ontarians with MVA policies have $1 million in coverage in extended third-party liability and often have an OPCF-44 family protection endorsement that permits family
members to draw on this coverage if they are injured in an accident.
However, many American states require drivers to carry very little in third-party liability, and some don’t even require drivers to be insured at all. Overall, more than one in 10 American drivers do not carry any insurance (and the numbers rise to about one in four in some border states).
You may be thankful to learn your insurance will cover shortfalls from uninsured or underinsured drivers. Unfortunately, $200,000 does not go very far if you are seriously injured, and even the more standard $1 million may not be enough to compensate for significant injuries or injuries among multiple members of a family covered by one policy. It is advisable to increase your optional coverage to at least $2 million and to purchase the OPCF-44 family protection endorsement – both for your peace of mind at home, and abroad.
What To Do If You’re In A Cross-Border Accident
Depending on the type of accident and injury you experience, you may not be able to take any immediate action beyond seeking immediate medical treatment. However, if you or someone travelling with you has the presence of mind and ability, it is in your interest to:
- Collect contact information and/or insurance information of anyone else who was witness to the accident or involved in the accident.
- Take photos/videos of the scene of the accident.
- Jot down notes about what you remember.
- Do not admit fault and be careful saying anything beyond providing factual information to police if they are on the scene.
- Contact an experienced snowbird accident lawyer as soon as possible to receive legal advice before you speak to insurance representatives.
Although it’s reasonable to think that sustaining an accident in the United States would mean you need to go through the claims process in that country, this is not always the case. Beginning the claims process before you fully understand your rights may force you to continue down a path that is not as advantageous for you.
An experienced snowbird accidents lawyer can help you understand:
- Where and when you should file a tort claim for damages and/or apply for accident benefits or draw on other insurance.
- The order in which you should make these claims.
- What it means for you if a co-counsel agreement between a Canadian lawyer and an American attorney is suggested/needed.
Personal injury lawyers who do not regularly practice cross-border law or take on international clients may follow a standard accident claims process. But, fact-specific considerations are often necessary when deciding where and when to file notice of claims and to seek benefits. Since there is a general prohibition against seeking damages for the same injury in more than one court, choosing the most advantageous plan of action requires careful consideration with a lawyer who is very familiar with cross-border legal issues.
We Can Help
If you or a loved one has been seriously hurt while visiting the United States, the snowbird accidents lawyers at Howie, Sacks & Henry LLP can help. When you contact us for a free, no obligation initial consultation, we’ll listen to you with empathy, carefully and clearly explain your legal rights and options, and provide valuable legal advice.
If we believe we can successfully obtain compensation for the harm done to you, we would be honoured to become your tireless advocate and trusted legal representative.
Our clients quickly see that we are committed to building a relationship based on trust, respect, and understanding your unique interests and needs. As we learn more about you, our lawyers will strive to customize our legal strategy and offer personalized care.
HSH LLP has helped many people just like you access accident benefits and obtain negotiated settlements. Insurers know our reputation for building strong cases and we frequently persuade them to offer fair compensation rather than proceeding to trial. But, if we believe their offer is not fair and that you can do better at trial, our team has no hesitation in going the distance for you.
Our team can help you make claims for:
- Medical and rehabilitation expenses
- Attendant care
- Lost income
- Home maintenance expenses and caregiving
- Pain and suffering
A Reputation You Can Trust
A serious injury or permanent disability creates life-altering consequences. Ensuring that you are well-compensated for your losses provides greater certainty and security for your future. It is essential to choose a personal injury lawyer who understands the intricacies and complexities of cross-border legal actions.
With one of Canada’s top-ranked personal injury firms on your side and by your side, you’ll be able to focus on your recovery and well-being while confident that your case is in skilled hands.
