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.
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If you are an Ontario resident and have recently been injured in a car accident while visiting the United States, your insurance company will ask you to complete an election of benefits form. That is, you will be asked to elect between Ontario Accident Benefits or Accident Benefits (PIP) benefits of the State where the accident occurred. Your response to this can have serious implications for the amount of coverage available for losses and expenses associated with such things as income loss, and medical and rehabilitation costs. It is important to be familiar with the benefits available in Ontario and the state where the accident occurred.
In additon to accident benefits, you will also have to determine whether you have a tort claim against an at-fault driver. Again, the insurance coverages available under your Ontario auto policy and those of the at-fault vehicle will need to be reviewed to determine if your claim will be advanced in the United States or Ontario. When Ontario residents are involved in car accident in the United States, there are special considerations and steps that need to be taken to protect your rights. It is important to speak with a lawyer familiar with cross-border car accident claims before you make a costly decision. Our law firm regularly represents Ontario residents that are injured in the United States. If you have questions, call us for a Free Consultation at 1-866-234-6093 or complete our online contact form here. When residents of Ontario Canada are injured in Florida motor vehicle accidents, there is a good chance that the at fault driver will not have sufficient insurance coverage available to fully compensate the accident victim. The minimum insurance limits in Florida are much lower than Ontario minimums. In Ontario, the minimum policy coverage amount is $200,000. Most insurance policies we see provide coverage of $1 million or more. As such, there is often $1 million available in UIM coverage for an Ontario resident that is injured in a Florida motor vehicle accident.
Ontario underinsured motorist actions must be commenced in an Ontario court. Statute of limitations for auto accidents in Ontario are only two years from the date of loss, and may be even shorter where a demand has been made for compensation to the UIM carrier. Before accepting the U.S. insurance policy limits, it is important to ensure that you are not waiving your rights to claim for excess insurance coverage under your own Underinsured Motorist policy in Ontario. In many Florida accident cases involving Ontario residents, the most substantial part of the claim will involve the Canadian insurance policy, and it is important that you fully understand your rights. If you are an Ontario resident and have been offered policy limits to settle your case for an accident in Florida or elsewhere in the United States, call us for a free consultation. We can review the situation with you so that you can make an informed decision before you settle. Even if you already have a lawyer in the United States, we can help with your Canadian claims for no-fault and underinsured benefits. We often work with U.S. lawyers to coordinate claims that must be brought in Canada and the United States. For a Free Consultation call us at 1-866-234-6093. According to media reports, a Ontario couple was seriously injured in a Florida motorcycle accident. According to reports the Canadians were involved in a motorcycle crash in Lee County Florida on December 11, 2014, and were taken to a hospital in Fort Myers with critical injuries. First and foremost, Iacobelli Law Firm offers its sincere support for the Canadians injured in this Florida motorcycle accident. We hope that they both make a speedy and full recovery from their injuries. This Florida motorcycle accident was being investigated by the Florida Highway Patrol. According to early reports, the Canadian couple from Orangeville were riding their motorcycle on State Road 31 when an SUV pulled out in front of them . Rights of Canadians Injured in Florida Motorcycle AccidentsWhen a Canadian Ontario resident is injured in a motorcycle accident while in Florida, there are remedies available to compensate for their losses. Canadians involved in a Florida motorcycle crash will often be able to access insurance benefits through their own Canadian motorcycle insurance policy, even for motorcycle accidents that occurred in Florida. In addition to obtaining accident benefits or disability insurance payments from the Canadian insurer, a Ontario resident injured in Florida may also be able to claim against the insurance company for the other vehicle/driver in Florida.
Many Canadians involved in Florida accidents learn that the at-fault party may be uninsured or underinsured. That means, there is not enough insurance money from the at-fault driver to pay for the losses sustained. This is often the case because Florida has much lower minimum insurance requirements for drivers than Ontario. In these circumstances, a Canadian injured in Florida may be able to advance a claim in Ontario, Canada for the uninsured and underinsured benefits that form part of your Ontario motorcycle insurance policy. Cross border personal injury cases arising from a motorcycle accident in Florida can be complex and you should not delay in consulting a Ontario personal injury lawyer to make sure your rights are fully protected. For a free case review about your rights as a Canadian injured in a Florida motorcycle accident, call us today at 1-866-234-6093. There are reports that a Canadian motorcyclist was tragically killed in Florida, when another vehicle failed to stop for a stop sign. This fatality motorcycle accident involving a Canadian occurred on SR 72 near Proctor Road in Florida.
First and foremost, we offer our sincere condolences to the man that was tragically killed in this fatality Florida motorcycle accident. When a resident of Ontario is injured or killed in a Florida accident, there are rights and remedies available on behalf of the Estate of the deceased and his or her family members. There are different laws for car and motorcycle accidents in Ontario and in Florida. Nonetheless, if the driver had a valid Ontario auto insurance policy, the claim may involve both the U.S. insurance policies and Ontario auto policies. The applicable insurance for the losses will depend on the nature of the accident, the injuries, and the coverage available for the driver and vehicle that caused the accident. To learn more about your rights if you have lost a Canadian loved one in a Florida accident, call us toll-free any time at 1-866-234-6093. |
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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