Every year, millions of Canadians flock to Florida to escape the snow, enjoy the beaches, and visit world-class theme parks. We go expecting relaxation and fun, not emergency rooms and police reports.

However, accidents happen. Whether it is a slip and fall at a hotel, a car accident on I-95, or an injury at a theme park, a dream vacation can turn into a legal and medical nightmare in seconds.

If you are injured while visiting Florida, you might feel vulnerable. You are in a foreign country, navigating a different healthcare system, and you may be unsure if you have any legal standing.

​The good news: Under Florida law, visitors have the same rights to safety and compensation as local residents. The bad news: If you don't take the right steps immediately after the accident, you could accidentally destroy your case before it begins.

In my latest video, I break down exactly what you need to do to protect yourself.
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The 4 Steps to Protecting Your Rights
As I explain in the video, the moments immediately following an accident are chaotic. However, insurance adjusters and property owners are trained to act quickly to minimize their liability. To level the playing field, you must be proactive.

Here are the four critical steps every Canadian should remember:

​1. Seek Medical Attention Immediately
Many Canadians try to "tough it out" because they are worried about travel insurance limits or simply want to get back to Canada to see their own doctor. Do not delay.

You need to seek medical attention at a Florida hospital or clinic immediately. First, your health is the priority. Second, medical records created right after the accident serve as the most vital evidence in your case. They link your injury directly to the accident. If you wait weeks until you are back in Ontario to see a doctor, insurance companies will argue your injuries were caused by something else.

2. Document the Scene
Your smartphone is your best tool. Take photographs of everything:

• The hazard that caused you to slip (spilled liquid, uneven pavement).
• The damage to vehicles.
• Your visible injuries (cuts, bruises, swelling).
• Street signs or landmarks to identify the location.

Evidence gets cleaned up or repaired quickly. A photo is often the only proof that the hazard existed.

3. Secure Witness Information
Independent witnesses are the gold standard in personal injury cases. If someone saw you fall or witnessed the crash, get their name, phone number, and email address on the spot.

Do not rely on the police to put them in the report. Once you return to Canada, tracking down a witness in Florida without contact information is nearly impossible.

4. Be Careful What You Say (and Sign)
This is where many people make mistakes. You may be contacted by an insurance adjuster or a risk manager for the property. They may seem sympathetic and ask for a "recorded statement" just to "close the file."

Do not give a recorded statement and do not sign any settlement offers without legal advice.
Insurance adjusters are skilled negotiators working for the company, not you. Innocent comments can be twisted to make it look like the accident was your fault.

​Can I Still Sue If I Go Back to Canada?
Yes. This is a common misconception. You do not have to stay in Florida to pursue a legal claim. You can return home to recover while your legal team handles the heavy lifting in the U.S.

Why You Need a Cross-Border Attorney
Navigating a Florida injury claim involves a complex mix of U.S. tort law, Canadian insurance, and OHIP subrogation.

At Iacobelli Law Firm, we specialize in helping Canadians injured abroad. Because Andrew Iacobelli is licensed in both Ontario and Florida, we can seamlessly manage your case across the border, ensuring you get the care and compensation you deserve.
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Injured in the Sunshine State? Don’t let the insurance companies take advantage of you.

Andrew Iacobelli is an experienced personal injury attorney who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew is a licensed attorney in Florida, Texas, Michigan and Ontario.  He restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". ​

For Florida Attorneys Representing Canadian MVA Clients
When a Canadian client is injured in a motor vehicle accident (MVA) on Florida's roads, the immediate focus is often on the third-party liability claim. However, if the tortfeasor's coverage is insufficient, a claim will naturally turn to the client's own Uninsured/Underinsured Motorist (UM) policy—typically issued by a Canadian insurance company.

While the Florida MVA occurred here, attempting to sue the Canadian UM carrier in a Florida court is fraught with significant jurisdictional pitfalls. Based on controlling Florida and federal precedent, filing the UM claim in the Sunshine State is often an express invitation for a Motion to Dismiss.

Here’s a breakdown of the two major jurisdictional arguments Canadian UM carriers are successfully deploying against Florida-filed lawsuits:

1. The Specific Jurisdiction Failure: No "Suit-Related Conduct" in Florida

To assert specific jurisdiction, a Florida court must find that the underlying cause of action "arises out of or relates to" the defendant insurer's activities in Florida. In UM claims involving Canadian carriers, this test almost always fails.

• The Insurance Contract is Foreign: The UM claim is a breach of contract action based on an insurance policy issued, delivered, and entered into in Canada between two Canadian parties. This transaction has no legal nexus to Florida.
• The Defendant's Conduct is Key, Not the Plaintiff's: The core jurisdictional test focuses on the defendant’s activities with the forum, not the unilateral activity of a third party (like the plaintiff driving to Florida).
  • Case Law: The U.S. Supreme Court in Walden v. Fiore, 571 U.S. 277 (2014), held that the defendant's suit-related conduct must create a "substantial connection with the forum State." Mere injury to a forum resident (or the insured's presence in the forum) is insufficient.
• The Florida "Mere Accident" Rule: Florida courts have long established that a court does not gain jurisdiction over an out-of-state insurer simply because their out-of-state insured was involved in an accident in Florida.
  • Case Law: See Strickland Ins. Group v. Shewmake, 642 So. 2d 1159, 1161 (Fla. 5th DCA 1994), citing the Florida Supreme Court's decision in Meyer v. Auto Club Ins. Ass'n, 492 So. 2d 1314 (Fla. 1986).

The Takeaway: Unless the UM carrier has engaged in specific conduct in Florida related to the UM claim, a Florida court will likely find that exercising specific jurisdiction "offends traditional notions of fair play and substantial justice".

2. The General Jurisdiction Blockade: Not "At Home" in Florida

An even higher hurdle is the test for general personal jurisdiction. If successful, a plaintiff can sue a foreign corporation on any cause of action, even if unrelated to the forum.

• The "Essentially at Home" Standard: The Due Process Clause requires a nonresident defendant’s contacts to be "substantial, continuous and systematic" to be subject to general jurisdiction. For a corporation, the "paradigm" places where it is "at home" are its state of incorporation or its principal place of business.
• Canadian UM Carrier is a Foreign Corporation: The Canadian Auto Insurance carrier is typically a foreign corporation with its principal place of business in Canada.
  • UM Carrier is not an active corporation in Florida and is not registered to do business here.
  • The carrier does not maintain an office, own property, station employees, or solicit business in Florida.
• Foreseeability is Not Enough: The mere fact that the carrier’s insureds may enter Florida is not enough to satisfy general jurisdiction. This "foreseeability" does not equate to the necessary systematic activity directed at Florida.

The Takeaway: Since the carrier is incorporated and principally located in Canada, it is "at home" in Canada. The Florida court will not find general jurisdiction over a foreign corporation with a lack of any facts showing that the UM carrier is engaged in substantial and not isolated activity in Florida.

The prudent step for Florida counsel is to coordinate with Canadian counsel early. Filing the UM claim in Florida, subjects your client's case to almost certain jurisdictional dismissal and unnecessary delay.

Andrew Iacobelli is an experienced personal injury attorney who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew is a licensed attorney in Florida, Texas, Michigan and Ontario.  He restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". 

Daytona Bike Week is a legendary celebration of freedom, camaraderie, and the open road. At Iacobelli Law Firm and SnowbirdAttorney.com, we understand the passion and excitement that draws riders from all over the USA and Canada to this iconic event. We're thrilled to support the vibrant motorcycle community and share in the anticipation for Daytona Bike Week 2025!

Embracing the Spirit of Bike Week
The roar of engines, the gleam of chrome, the shared love of the ride – Daytona Bike Week is an experience like no other. We know many of you are already planning your routes, polishing your bikes, and counting down the days. This is a time to connect with fellow riders, explore the stunning Florida coastline, and create memories that will last a lifetime.

We admire the dedication and sense of adventure that brings you to Daytona Beach. We believe in the spirit of Bike Week and celebrate the community that makes it so special.

Riding Safe, Riding Smart
While we hope everyone enjoys a safe and exhilarating Bike Week, we also recognize that accidents can happen. As riders ourselves, we understand the inherent risks of motorcycling. We want to remind everyone to prioritize safety:

• Ride defensively: Be aware of your surroundings and anticipate the actions of other drivers.
• Wear proper gear: Helmets, protective clothing, and sturdy boots are essential.
• Stay hydrated and rested: Florida's sun and long rides can take a toll.
• Ride sober: Never ride under the influence of alcohol or drugs.
• Know your route: Familiarize yourself with the roads and traffic patterns.

Out-of-State Riders: We're Here to Help
Every year, riders from across the country and Canada make the journey to Daytona Beach. If you're traveling from out of state and unfortunately find yourself involved in a motorcycle accident, it's crucial to know your rights and options.

What to Do If You're Injured During Daytona Bike Week:

1. Seek immediate medical attention: Your health and safety are the top priorities.
2. Report the accident: Contact the local law enforcement and file a police report.
3. Gather information: Exchange contact and insurance details with all parties involved. Take photos of the scene and any damages.
4. Document everything: Keep records of medical bills, lost wages, and any other expenses related to the accident.
5. Contact an experienced attorney: If you're an out-of-state rider, it's essential to work with a lawyer who understands Florida's motorcycle laws and can navigate the complexities of interstate claims.

Why Choose Iacobelli Law Firm and SnowbirdAttorney.com?

• Experience with motorcycle accidents: We have a proven track record of representing injured riders and securing fair compensation.
• Understanding of out-of-state claims: We are experienced in dealing with the unique challenges faced by riders from other states and Canada.
• Compassionate and dedicated representation: We'll fight for your rights and provide personalized support throughout the legal process.
• We understand the snowbird community: We are aware of the unique needs of those who spend their winter months in Florida.

We understand that being injured in an accident far from home can be overwhelming. That's why we're committed to providing clear, reliable guidance and aggressive representation to help you recover and get back on the road.

Enjoy Daytona Bike Week 2025!
We wish everyone a fantastic and safe Daytona Bike Week 2025. Ride with passion, respect, and a sense of adventure. And remember, if you need us, we're here to help.

Ride on!
Iacobelli Law Firm & SnowbirdAttorney.com – Your Advocates on the Road.

Disclaimer: This article is for informational purposes only and should not be considered legal advice. Please consult with an attorney 1 to discuss your specific situation

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew is a licensed attorney in Florida, Texas, Michigan and Ontario.  He restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". ​

As the "Snowbird Attorney," I often encounter unique legal situations that arise when Canadian citizens travel to the United States, particularly to Florida. A common scenario for Canadians injured in the United States is that the at-fault driver does not have sufficient insurance coverage to pay the total value of the claim. In these situations, I most often contacted by other Florida attorneys seeking guidance of assistance pursuing the Underinsured Motorist claim against the Canadians auto insurance policy.  

Navigating Underinsured Motorist Claims for Canadian Clients in Florida

As a Florida attorney, you may encounter unique challenges when representing Canadian clients involved in motor vehicle accidents in our state. One area that requires particular attention is underinsured motorist (UIM) claims. 

Understanding the Basics of Canadian UM/UIM Claims

In Florida, UIM coverage protects insured individuals when the at-fault driver's liability insurance is insufficient to cover their damages. However, when the client is Canadian, the situation becomes more complex. Their primary automobile insurance policy is likely based in Canada, which may have different UM/UIM provisions than Florida policies.

Key Considerations for Canadian Clients with UIM Claims

Policy Language: The first step is to thoroughly review the client's Canadian insurance policy. Pay close attention to the following:

• UIM Coverage Limits: Determine the available UIM coverage limits under the Canadian policy.
• Territorial Restrictions: Check if the policy restricts coverage to Canada or extends to the United States. Many Canadian policies offer coverage in the U.S., but it's essential to confirm the extent of that coverage.
• "Other Insurance" Clauses:Canadian policies may contain clauses that address how UIM coverage interacts with other insurance, including any potential Florida policies.
• Family Protection Coverage: Many Ontario policies include Family Protection Coverage (OPCF 44R), which may provide additional UIM protection. Understand how this coverage applies in a Florida accident.  This is an endorsement that adds additional coverage.  Similar endorsements are available in other Canadian jurisdictions also. 

Jurisdictional Issues: Determining where a UIM claim can be pursued is crucial. The Florida case of Erie Ins. Exch. v. Larose highlights the importance of establishing "sufficient minimum contacts" between the insurance company and the jurisdiction. If the Canadian insurer does not have significant ties to Florida, pursuing a claim in a Florida court may be challenging.  In our experience, claims for UM/UIM coverage against a Canadian issued auto policy must be commenced in Canada.

Statute of Limitations: Statute of Limitations for Canadian UM/UIM coverage may have different limitation periods than the State claim against the at-fault party.  Sometimes, a demand can trigger the commencement of the limitation date, so be cautious about making a demand unless you are aware of the governing limitation period.  

Coordination with Cross-Border Counsel: If settlement negotiations with the UM/UIM carrier are unsuccessful, and litigation is necessary, it may be advisable to involve an attorney experienced with cross border injury claims.  An attorney familiar with Canadian insurance law and procedures can assist with filing suit in the appropriate jurisdiction in Canada. This collaboration is particularly important if the client's Canadian policy is the primary source of UIM coverage.  We have worked with lawyers in almost every US State to assist them with advancing underinsured motorist claims on behalf of their injured Canadian clients.  

State Where Crash Occurred: While the UIM claim itself may be pursued in Canada, the law from the State where the crash occurred still governs some of the  UM/UIM claim even if advanced in Canada.  In particular, provisions dealing with liability can be governed by the jurisdiction where the accident occurred.  This can be important for Canadian UM/UIM claims, as it often eliminates some of the unfair no-fault laws that Canadian jurisdictions have codified.  

Release Considerations: Be cautious when advising your client on signing releases. A release provided by a Florida insurer may inadvertently impact their UIM claim in Canada. Ensure that any release specifically excludes UIM claims under their Canadian policy.  It is advisable to have an experienced cross border injury attorney review the proposed release to make sure that a Canadian is not signing away valuable rights in Canada.  

Steps to Take for Canadian Injured in a Motor Vehicle Accident in the United States

1. Obtain the Canadian Insurance Policy: Obtain a copy of your client's Canadian automobile insurance policy.
2. Review Policy Language: Analyze the UIM provisions, territorial restrictions, and "other insurance" clauses, and determine if your client has other endorsements providing additional protection. 
3. Assess Jurisdictional Issues: Determine if the Canadian insurer has sufficient contacts with Florida.
4. Evaluate Settlement Offers: Carefully consider any settlement offers from the UIM carrier, in consultation with Canadian counsel if needed.  Some Canadian adjusters will mislead either inadvertently or intentionally with respect to damages assessment in Canada and applicability of deductibles and threshold provisions.  Don't take their word for it, consult with a cross-border attorney.   
5. Coordinate with the Snowbird Attorney to Co-Counsel: If litigation is necessary, collaborate with an attorney experienced in Canadian insurance law.
6. Protect Your Client's Rights: Ensure that any releases or agreements do not jeopardize their UIM claim in Canada.

Successfully handling UIM claims for Canadian clients in Florida requires a coordinated approach. By working with experienced cross border counsel for Canadians injured in the United States, you can ensure that your client's rights are protected and that they receive the full benefits they are entitled to under their Canadian insurance policy.

Call Attorney Andrew Iacobelli anytime to discuss your case. We are happy to talk and offer suggestions and guidance if you are representing a Canadian injured in the USA.  

Disclaimer:This article is for informational purposes only and should not be considered legal advice. Always consult with a qualified legal professional for advice tailored to your specific situation.

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew is a licensed attorney in Florida, Texas, Michigan and Ontario.  He restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". ​