Every year, many Ontario drivers venture outside of Ontario into other provinces and into the United States. In the process of these long road trips, potential motor vehicle collisions are inevitable. However, this can often be complex depending on which province the collision takes place. The insurance coverage available is dependent on all the facts of the collision.
Each province has its own rules and regulations with respect to collisions. Firstly, it is important to know what those rules are of the province you are travelling to before you drive into another province or to the United States.
The Province of Ontario has a private insurance system which offers each policy holder options in choosing their premiums and benefits. However, there is a minimum coverage required by the Province to ensure the bare minimum coverage is offered to all road users in the event of a collision.
Accident Benefits – No-Fault Benefits for Ontario drivers
If you are an Ontario resident and car insurance holder, you have access to Accident Benefits. These benefits are available to insured Ontario drivers regardless of which province they are travelling in.
These benefits include the following:
- Income replacement benefits
- Medical expenses
- Medical and rehabilitation benefits
- Caregiver benefits
- Attendant care benefits
- Death and funeral costs benefits
Under Ontario car insurance rules, all auto insurance policies also provides coverage for uninsured or underinsured automobiles. This additional coverage protects road users if you are injured or even killed by a hit-and-run driver, up to the limits of your own policy.
Importantly, there is also optional auto insurance to consider.
Having additional auto insurance coverage is important for various reasons. Namely, if you get involved in a collision out of province with an uninsured or underinsured motorist. There is also what is often called a family protection endorsement which is a non-mandatory auto insurance option that can provide protection for any losses to the insured’s family members.
Ultimately, obtaining a comprehensive auto insurance policy offers you the peace of mind in knowing that your insurance limits offer coverages that make it easy to travel anywhere in Canada or in the United States.
Tort lawsuit – can I sue for a collision outside of the Province?
Typically, if you are involved in a collision where you are considered not at fault you may be able to sue any at-fault parties involve dint he collision. However, the rules of mandatory coverage differ in different provinces and in the United States thus, it is possible that the at-fault motorist may not have sufficient coverage, money or assets to cover your losses. There are also various limitation periods and/or deadlines that could diff from those known in Ontario.
For example, the United States tend to have shorter limitation periods. If a limitation period/deadline is missed then you will not be able to bring an action. However, Quebec has a 3 year limitation period for filing a claim with the court.
There is also a stark difference between provinces with respect to how claims are governed. For example, in Ontario personal injury damages are governed by Common Law. Whereas, in Quebes the tort law is governed by the Civil Code of Quebec.
Regardless of where the collision takes place, it’s important to always do the following:
- If you’re injured, call 911. Report your injuries to the police and seek an ambulance.
- Obtain information on the other driver if possible or get the police report from police.
- Take photos at the scene of your vehicle and the other vehicle(s) involved.
- Hire a lawyer to help guide you through your benefits and rights
Our firm has assisted various claimants who have been in collisions across Canada and in the United States.
If you’ve been injured in a collision, reach out to an experienced lawyer who can discuss with you whether the deductible and threshold apply to you and your case.
If you or a loved one has been involved in a collision and may be entitled to getting the help you deserve, call JRJ LAW at 1 (844) DIAL JRJ and we will be happy to help you!