If you are a resident of Ontario Canada and you were involved in a car accident or motorcycle accident while visiting Florida, you may be wondering how your medical and hospital bills will be paid. Hospital bills in Florida can be extremely high following a serious motor vehicle accident. If you purchased Travel Health Insurance, you will likely be covered for all or most of the health care expenses. If you didn't specifically purchase Travel Health Insurance, but you have other available extended health coverage through a work benefits program, you should check to see if it includes Health Care coverage while travelling. Some benefit plans through employment, provide Health Care coverage when you travel abroad. OHIP will usually only pay for a small portion of the expenses incurred in the United States. You may also have coverage available through your own automobile insurance policy. Ontario auto insurance policies provide benefits even if you're involved in an accident while out of your home Province, including accidents in the United States. These benefits may be available to you, even if you weren't driving your own vehicle when the accident occurred. In some circumstances, you could also be entitled to Florida PIP coverage. These coverages are in addition to any claims you may have against an at-fault driver for causing the accident. That is, the health insurance coverages may be available to you irrespective of fault.
If another driver or vehicle is at fault and responsible for causing your injury, you may be entitled to advance claims for additional compensation. These claims are also, usually, covered by an insurance policy. Often there are insurance claims both in the United States and in Ontario when a Canadian (Ontario) resident is injured in Florida. The minimum auto insurance policy limits in Florida are substantially lower than in Canada. Good news for Ontario residents, your Ontario auto policy protects you from underinsured or uninsured motorists even while travelling in the United States. If you have any questions about your rights to claim compensation for your injuries and losses, including medical expenses, call us any time for a Free Consultation. Attorney Andrew Iacobelli practices in Florida and Ontario, with offices in Palm Beach County Florida. Call us 24/7 at 561-625-6133 or toll free at 1-866-234-6093 or request a Free Consultation online now. 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 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".
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If you are a Canadian injured in an accident while visiting Florida and the driver of the other vehicle does not have insurance, you may still be able to claim compensation for your injuries. Ontario auto insurance policies provide protection if you are involved in a car accident with uninsured or inadequately insured driver while visiting Florida. This insurance coverage is in addition to no-fault statutory accident benefits, which may also be available to Ontario residents injured in Florida. The Uninsured Claim will be advanced against your Ontario Auto Insurer in Ontario, although some aspects of Florida law will apply. That is, Ontario law on damages applies while the laws governing liability are controlled by Florida law. There are important distinctions between Ontario and Florida law on liability. Significantly, some of the harsh Ontario laws such as the deductible and threshold should not apply in an Uninsured Claim in Ontario, as the Courts have held that those are liability provisions. If this sounds somewhat complicated, that is because it can be. Get informed about your rights by obtaining advice from a lawyer with experience handling Florida uninsured claims in Ontario.
Attorney Andrew Iacobelli is a licensed attorney in the State of Florida and licensed lawyer in the Province of Ontario. He has offices located in Palm Beach County Florida, and Richmond Hill Ontario. Through these offices, Andrew regularly assists Canadians that have been injured while visiting Florida. All cases are unique and may have aspects that need to be advanced in the United States and Canada. We are happy to review the circumstances of your case so that you can make an informed decision. Consultations are Free and there is no obligation. To learn more, call us at 1-866-234-6093 or complete an online contact form to request a Call. 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), [2002] 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. If you are a resident of Ontario Canada and have been involved in a car accident in Florida, you may be wondering what to do now. If the injuries from the Florida accident are serious and you require emergency medical attention, you may be concerned about how to pay for your medical bills. Here are some tips for Ontario residents injured in a Florida auto accident:
Ontario residents injured in Florida will usually be able to get their medical expenses paid by insurance. Even if you do not have travel or extended health insurance coverage, an experienced lawyer can assist with ensuring medical bills are covered by auto insurance. Ontario residents usually have claims against the at-fault driver's insurance in Florida as well as their own insurance policy in Ontario. The claims need to be coordinated in order to ensure that you are accessing all available benefits. We regularly represent Canadians injured in Florida, and Attorney Andrew Iacobelli has offices in Florida and Ontario to assist. To learn more or to request a Free Consultation call us toll free 24/7 at 1-866-234-6093. This time of year, many Canadians are travelling to Florida to enjoy the sunshine. When a Ontario resident is involved in a car accident in Florida, they will often have access to Canadian and US insurance benefits. It may surprise you to know that when a Canadian is injured in a car accident in Florida, very often the claims for losses are primarily paid by a Canadian auto insurance policy. Ontario auto insurance policies provide insurance coverage in the event that you are injured while travelling in Florida or other US States. The Ontario auto policies include first-party accident benefits, as well as coverage for liability and underinsured and uninsured motorists in the event of an accident in Florida. In the case of a Florida car accident, an Ontario resident will have the option of electing benefits of either Ontario or the State of Florida. The election cannot be changed, so it is important to understand the difference between Ontario benefits and Florida benefits before making an election. Additionally, Florida also has lower minimum insurance requirements for their drivers and vehicles. As such, many Canadians from Ontario will also need to consider advancing an Underinsured or, sometimes, Uninsured motorist claim in Ontario, even though the accident occurred in Florida. These claims must be commenced in the Province of Ontario, even though the accident occurred in Florida. Canadian courts have recognized that Ontario residents injured in an accident in the United States have a direct right to commence the Underinsured or Uninsured claim independently of any claim they might also have against the at-fault driver in the United States. See, Somersall v. Friedman, 2002 SCC 59 (CanLII), [2002] 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. Iacobelli Law Firm regularly represents Canadians in their insurance claims following a car accident in Florida. Lawyer Andrew Iacobelli has experience in Ontario and the United States, and has offices in Ontario and Florida. If you are a Canadian (Ontario) resident and have been injured in a car accident in the United States, we may be able to assist. We provide FREE CONSULTATION with no obligation to prospective clients. The Consultation is Free, Confidential and without any obligation on your part. Call us any time, day or night, to learn more about your rights or to request a free consultation with a lawyer by calling 1-866-234-6093 or completing our contact form here. If you are a Canadian that was injured in a car accident while visiting Florida, you may be concerned about the cost of medical care. Although some Canadians have travel health insurance plans, or other health plans through employment benefits, many visitors do not have such coverage. If you are an Ontario resident and are covered by an Ontario car insurance policy, your medical bills from a car accident may covered. In our experience, we find that the Ontario Accident Benefits Insurance will reimburse for reasonable and necessary medical expenses incurred while in the United States. It is important to get medical attention following a serious car accident or if you suspect you may have been injured. The medical bills are usually recoverable from either your insurance company or the insurance provider for the at-fault vehicle. Often, the medical providers in the United States will cooperate with your lawyer in an effort to have your medical bills reimbursed by an insurance company.
If you are an Ontario resident that has been injured in a car accident in Florida, we may be able to help. For a Free Consultation contact us toll free at 1-866-234-6093 or in Florida at 561-625-6133. Canadians involved in car accidents in Florida are often surprised to learn that the at-fault driver either has no insurance or very little insurance coverage available. Some Florida drivers will have no insurance available to pay your claim if you are injured in a Florida accident. For a Canadian that is injured in Florida, this can be particularly challenging because of the expensive medical expenses that may be incurred for emergency doctor or hospital care.
Following an accident in Florid it is important to speak with a lawyer that can assist in navigating the complex insurance and coverage issues. Canadian residents in particular will need to coordinate benefits and insurance claims in Canada and Florida. Ontario auto insurance policies include coverage for accidents caused by uninsured and underinsured vehicles. To learn more about your rights following an accident in Florida, call Andrew Iacobelli at 561-625-6133. There are reports that a woman from Missisauga and a four year-old boy have died as a result of a single vehicle crash in Florida. This fatal car accident involving Canadians occurred on I-95 near Jacksonville, Florida. Early reports have identified the victims as Ayaan Haque and Nazia Hossain. Apparently, the involved vehicle veered off the highway and collided with a tree.
First and foremost, we offer our sincere condolences to the family and friends of the victims of this tragic accident. Sadly, this tragedy is a reminder that serious accidents can occur any time and any place. In fatal car accidents involving Canadians in Florida, the victim's family members will be entitled to advance insurance claims for their losses. Depending on the auto insurance policy involved, the claims may proceed partly or wholy within Ontario. Where the vehicle involved is registered to Ontario, or if the at-fault vehicle has insufficient insurance coverage, the claim can advance against an Ontario auto insurance policy for underinsured motorist coverage. Accident claims involving Canadians injured in Florida are unique, and you should seek the advice of a lawyer. If you have lost a loved one due to a Florida car accident, we may be able to help you secure insurance benefits. For a Free Consultation contact us at 416-900-1070. If you are a Canadian resident that has been injured while travelling to Florida, it can be very confusing to determine where to obtain help for accident claim. The short answer is that you may need a lawyer with experience with Ontario law and Florida law. If the accident involves a motor vehicle, such as a car crash, or motor vehicle striking a cyclist or pedestrian then at least part of your claim for insurance benefits must proceed in Ontario. Ontario has a no-fault benefits system known as statutory accident benefits that provide certain basic coverage for Ontario residents that are injured in accidents involving motor vehicles. These benefits are available for accidents occurring in Canada or the United States. Such benefits must be accessed in Ontario, and any lawsuits arising out of entitlement to these benefits need to be commenced in an Ontario court. In addition to the statutory accident benefits available to Ontario residents injured in Florida, the Ontario resident may also have a claim in tort against the at-fault party and their auto insurance policy. For Ontario residents that sustain serious injuries in Florida, these claims usually involve claims against American and Canadian auto insurance policies. In our experience, most often when an Ontario resident is injured in a car accident in the United States, there is insufficient insurance limits available on the at-fault Florida vehicle. The minimum insurance limits in Florida are far less than in Ontario. As such, Ontario residents that are injured in Florida car accidents will often need to advance a claim in Ontario, Canada for the uninsured and underinsured benefits. In these claims, the jurisdiction is Ontario, although some Florida law applies to resolving the claim. Cross border personal injury cases can be complex and you should not delay in consulting a Ontario personal injury lawyer to make certain that your rights are fully protected. Andrew Iacobelli, obtained his Juris Doctor degree (cum laude) from Michigan State University and he is licensed to practice law in the province of Ontario and in the State of Michigan and State of Florida. Andrew is also admitted to practice in the United States Federal Courts for the Southern, Middle and Northern Districts of Florida, and the United States Eleventh Circuit Court of Appeal. Before returning to Ontario, Andrew litigated serious personal injury, wrongful death, and insurance bad faith claims in the United States. Andrew has established a network of legal professionals in the United States with whom he is able to co-ordinate legal proceedings which must be conducted in the United States. If you have been seriously injured in a Florida accident, call us for a FREE CONSULTATION toll free at 1-866-234-6093. Canadians traveling to Florida during the winter: make sure you have sufficient auto insurance1/9/2016 As the cold winter weather sets in, many Ontario residents will be vacationing in Florida. Although some will be flying and renting a car, others will drive the long distance from Ontario to Florida. Either way, you should make sure you are prepared, just in case you're involved in a car accident while visiting Florida. Although we never expect accidents to happen, car accidents can happen anytime and anywhere. For Ontario residents it is particularly stressful if you were involved in a car accident while far away from home. Although Florida has excellent services, and healthcare, out-of-state residents may be faced with high bills. If the injury is serious, and will have longer term consequences to your health and income, it is extremely important to obtain legal counsel on your rights to compensation. Often times, the other vehicle involved in the accident may be under insured. In such cases, and Ontario resident may be able to access their own Ontario auto policy. In addition to accident benefits, Ontario residents may be able to access their under insured motorist coverage.
Our law firm regularly represents Ontario Canadian residents who have been seriously injured while visiting the United States. We can coordinate access to benefits from your Ontario Insurance policies, as well as available policies from US insurers. Where necessary, we have a network of professionals within the United States as well. If you questions about your rights following an accident in Florida or elsewhere in the United States, call us for a free consultation. |
AuthorAndrew 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. Archives
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