Ontario Resident injured by Uninsured Driver in the United States Has Direct Claim Against Their Own Auto Insurance Policy
When Ontario residents are injured in an accident in the United States, there is often a scenario where the US driver was either inadequately insured or completely uninsured. In these circumstances, the Ontario resident will have a claim against their own insurance company in Ontario.
With respect to triggering the OPCF 44R coverage, the case law establishes that Ontario residents have a direct claim against their own automobile insurer, and are entitled to pursue that claim independently of the claim against the underinsured motorists. See, Somersall v. Friedman, 2002 SCC 59 (CanLII),  3 S.C.R. 109; Johnson v. Wunderlich (1986), 57 O.R. (2d) 600, 1986 CanLII 2618 (ON CA), 1986 CanLII 2618 (C.A.); Forsythe v. Westfall, 2015 ONCA 810.
This is important for Ontario residents injured while visiting the United States, and helps ensure that they will be able to have a full remedy for their losses.
To learn more about your rights to make an insurance claim in Ontario if you were injured while visiting the United States, contact us for a FREE no obligation consultation. Call us 24/7 at 416-900-1070 or complete our online contact form here.
Andrew Iacobelli is a lawyer, licensed to practice law in Florida, Michigan and Ontario. Andrew restricts his practice to the representation of individuals that have been seriously injured.