Every year, many Ontario drivers are involved in accidents while traveling outside of the province. These claims can often be complex depending on where the accident occurred. Did it happen in another province, such as Quebec, or in the U.S.? The insurance available will depend on the facts of the case.
We explain below what and how much an Ontario auto insurance policy may or may not cover in a claim if you are in an out-of-province accident. We understand how valid this concern is and are ready to assist you.
Our firm has helped many accident victims over the years obtain the compensation they need to cover their injuries and damages. The initial consultation comes at no cost or legal obligation to you.
Get started by calling (866) 320-4770.
Are You Covered by Ontario Auto Insurance?
If you are traveling outside of the province, you may be covered as long as you have a valid auto insurance policy. Others may be considered an insured person under a family member’s auto policy. Standard auto insurance coverage in Ontario offers several protections to drivers and passengers in an accident.
Ontario requires all drivers to carry at least $200,000 in third-party liability coverage. This coverage kicks in to protect the insured driver if he or she causes an accident and injures another driver, passenger, or pedestrian. If an injured accident victim takes legal action against the at-fault driver, this coverage helps pay for a victim's injuries and damages, up to the policy limits.
Auto insurance coverage, however, will vary from province to province. For instance, Quebec, located east of Ontario, only requires a minimum of $50,000 in liability insurance. If you are involved in a serious accident in another province, the at-fault driver may not have enough to cover all of your damages.
If you are traveling in the U.S., each state has its own liability coverage requirements. In some states, such as Virginia and New Hampshire, auto insurance is not mandatory. A U.S. driver may have little to no insurance coverage. Regardless of fault, you will likely have to go through your own insurer.
Filing a Claim for an Out-of-Province Accident
Auto insurance is provincially regulated, which means that your claim will be governed by the laws of the jurisdiction where the accident happened. It is important to know what and how much is covered by your auto insurance policy before deciding to travel outside of your province or take a trip to the states.
Ontario has a private insurance system, which offers more choice and value for policyholders. The provincial government has minimum coverage requirements for all drivers to follow. If these requirements are met, you may be able to claim compensation for accidents that occur in Canada and in the U.S.
No-Fault Benefits for Ontario Drivers
Accident benefits, also known as no-fault benefits, are available to insured Ontario drivers regardless of whether the accident happened within the province, another province, or in the U.S.
These benefits include:
- Medical expenses
- Income replacement
- Caregiver services
- Attendant care
- Death and funeral costs
What if the Other Driver Is Uninsured?
Under Ontario law, all auto insurance policies must also provide uninsured automobile coverage. This covers injuries and damages to your vehicle caused by an uninsured driver. This coverage also protects you if injured or killed by a hit-and-run driver, up to the limits of your policy.
Optional Auto Insurance Coverage to Consider
Having additional auto insurance coverage could be beneficial if you get into an accident outside of the province with a driver who is uninsured or underinsured. A family protection endorsement is a non-mandatory auto insurance option that provides protection for losses to the insured’s family members.
Fortunately, if you have a comprehensive auto policy with sufficient insurance limits, it can help ease traveling anywhere in Canada or in the U.S. should you be involved in an out-of-province accident.
Can I Sue for an Accident Outside of the Province?
Generally, if you are not at fault for the accident, you may be able to sue any and all parties involved in the accident. However, the at-fault driver may not have enough money or assets to cover your losses. There are also limitation periods to consider when taking legal action.
For instance, the time limit for filing charges in the U.S. is different and shorter than the limitation periods that apply in Ontario. This is why it is important to contact an experienced lawyer as soon as possible after an out-of-province accident. You will not be able to bring an action if you miss the limitation period.
Get Answers to Your Legal Questions Today
Greg Monforton & Partners is ready to help you file an insurance claim or take legal action after an accident outside of the province. Find out if you are eligible for compensation in a free consultation with an auto accident lawyer in Windsor.
There is no obligation to hire our firm, but if you do, we charge zero upfront fees. We are available 24 hours a day, seven days a week to take your call.
Legal Help You Can Trust. Ph: (866) 320-4770