Injuries While Travelling - Diamond and Diamond Lawyers
  • Sunday, 19 January 2014

Injuries While Travelling

With the current deep freeze we are experiencing it is no wonder most of us are either fantasizing or planning a vacation anywhere south. I know that I am. That being said I got a lot of interesting calls over the December break from people who were injured or hurt abroad. They wanted information about what they could do. Sadly they were very few people I could help.

Limited Exceptions In Personal Injuries Overseas

One of the most important things to remember is with limited exceptions when you are injured in another country you are subject to the rights and remedies of that country. That is why there are certain places I will not travel under any circumstances. If the country has a sketchy legal system and does not follow any real rule of law, I for one am not going there.

If you travel to the U.S. there are so many reciprocal agreements and treaties that if you are injured in an accident your own insurance company will still help you here. It is also relatively easy to find a lawyer in the U.S. to sue for pain and suffering. Plus the U.S. has a legal system similar to ours, so you know the likelihood of a just result is similar to what you would receive in Canada.

There are some limited exceptions where you can sue tour operators located in Canada if you are harmed overseas, but again that is limited to specific situations and it is getting harder and harder to do.

The Travel Industry Council of Ontario can also help with refunds and remedies when incidents occur overseas.

Plan Ahead Against Injuries When You Travel

My point of view is better safe than sorry. You will notice that OHIP barely covers any out of province treatment and will not help extensive medical costs. So here are my tips:

  1. Get medical insurance;
  2. Don’t travel anywhere where the justice system is suspect;
  3. Go places where you are comfortable with the healthcare (think of the worst case scenario);
  4. Check with the Government of Canada, if it says avoid travel to that destination or exercise a high degree of caution, maybe think twice.

Just remember when you are going to a foreign country you are subject to their laws and their justice system. Being Canadian does not exempt you.

Leave a Reply

 

Get the help you deserve

1-800-567-HURT

Call NOW for a free consultation

Diamond & Diamond Ontario Head Office

255 Consumers Road, 5th Floor, Toronto, Ontario

>> Learn More

Diamond & Diamond Alberta Head Office

4246 97 Street NW, Unit 100, Edmonton, Alberta

>> Learn More

Diamond & Diamond British Columbia Head Office

1727 West Broadway, Suite 400, Vancouver, British Columbia

>> Learn More

Barrie

17 Poyntz Street

Brampton

341 Parkhurst Square, Suite 5

Calgary

1331 Macleod Trail SE, Suite 420

Edmonton

4246 97 Street NW, Unit 100

Etobicoke

34 Greensboro Dr 2nd Floor

Hamilton

105 Main Street East, Suite 1500

Kelowna

1631 Dickson Avenue Suite 1100

London

256 Pall Mall St, Suite 102

Oakville / Mississauga

2939 Portland Drive, Suite 200

Oshawa

50 Richmond Street E, Unit # 108 B

Ottawa

955 Greenvalley Crescent, Unit 315

Sudbury

144 Elm Street, Suite 201

Surrey

1104 – 13737 96 Ave, Surrey, BC V3V 0C6

Thunder Bay

278 Algoma Street South

Toronto

255 Consumers Road, 5th Floor

Vancouver

1727 West Broadway, Suite 400

Windsor

13158 Tecumseh Rd. E. Unit 3B