Out-of-Province Motor Vehicle Accident

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Motor vehicle accidents happen suddenly and usually without warning. They are frequently violent events that can cause serious physical injuries. If you are an Ontario resident travelling far from home, the levels of anxiety and confusion increase as you are left wondering what to do next and who to turn to for help. A call to your insurance company might only add to your stress level when you learn your insurance coverage might not apply to an out-of-province motor vehicle accident. The following information should be helpful to answer your questions and ease your concerns about receiving compensation for an accident outside of Ontario.

Claims for property damage

When the only damage is to your vehicle, Ontario normally prohibits a lawsuit against the driver who might have been at fault. Instead, you must notify your insurance company of the accident and the claim for property damage. Your insurance company will determine whether to pay for repair of the vehicle or declare it a total loss and pay you its value. Fault in causing the accident is not a factor when dealing with your insurance company.

If you are involved in a collision with a vehicle that is not from Ontario, receiving compensation for your loss gets complicated. Unless the insurance company for an out-of-province vehicle has entered into an agreement with the province to resolve claims for property damage according to the Ontario law, the only recourse you have is to sue the owner and driver of the vehicle to recover the cost of the damage to your car, truck or SUV.

Personal injury claims from out-of-province accidents

Personal injuries suffered in a collision with another vehicle occurring while travelling outside of Ontario fall under the jurisdiction of the province or, if the accident happened in the U.S., the state in which the accident occurred. Claims for compensation would be governed by the law of that province or state and not the laws applicable to accidents occurring in Ontario.

Drivers travelling out of province in a vehicle insured in Ontario might be able to file a claim for Statutory Accident Benefits that compensate for the following:

  • Income loss
  • Compensation for individuals who were non-earners prior to the accident
  • Caregiver benefits payable to individuals who were the caregivers for another person and are no longer capable of doing so
  • Medical and rehabilitation expenses related to the injury

The family of a person killed in a motor vehicle accident is entitled receive benefits according to a schedule based upon the relationship of the family member to the deceased and whether the person claiming benefits was dependent upon the deceased. For example, a spouse of the deceased receives $25,000 while other dependents, such as children, receive $10,000 each. There a benefit of up to $6,000 as reimbursement to the family for the costs associated with the funeral.

If your accident occurred outside of Ontario, you might have the option of filing a claim under the laws of the province or state in which the accident occurred. Jurisdictional issues and claims procedures make it essential that you consult with a personal injury lawyer who can advise you about the law and the best way of proceeding with your claim.

Ontario personal injury lawyers

The personal injury lawyers at Diamond and Diamond have years of experience successfully pursuing claims for compensation on behalf of individuals injured due to the negligence of other parties. If you have been injured in an accident you could have a claim for compensation. Call the Diamond and Diamond 24/7 injury hotline at 1-800-567-HURT or visit their website to speak to someone now. They offer free consultations and case evaluations to injury victims throughout Ontario.