When an Ontario Canadian resident gets injured in a car accident in Florida, the legal and insurance implications can be complex, especially if the at-fault driver is inadequately insured or uninsured.  The Florida case of Erie Ins. Exch. v. Larose (202 So.3d 148), provides critical insights into whether an Ontario Canadian resident can commence an action against their insurance provider in Florida or must do so in Canada.

Case Overview: Erie Ins. Exch. v. Larose
In this case, Albert Christopher Larose, a Florida resident, was injured in a car accident in Florida while driving a vehicle insured by Erie Insurance Exchange, a Pennsylvania-based company. The vehicle was principally garaged in Wisconsin, and Erie had issued the policy to a Wisconsin company. Larose filed a claim for uninsured motorist (UIM) benefits under the policy, which Erie denied, prompting Larose to file a lawsuit in Florida.

Erie moved to dismiss the case, arguing that Florida courts lacked personal jurisdiction over it since Erie had no business operations or contacts in Florida. The Florida trial court initially found that it had jurisdiction, but this decision was later reversed on appeal.

Key Legal Issues

• Long-Arm Jurisdiction: The court considered whether Florida’s long-arm statute, which allows for jurisdiction over out-of-state defendants under certain conditions, applied. Specifically, Larose argued that Erie’s refusal to pay UIM benefits constituted a breach of contract in Florida, thereby establishing jurisdiction.

• Minimum Contacts and Due Process: Even if long-arm jurisdiction was established, the court had to determine whether Erie had sufficient minimum contacts with Florida to satisfy constitutional due process requirements. The Supreme Court's precedent requires that a defendant must purposefully avail itself of conducting activities within the forum state for due process to be satisfied.

Court’s Decision
The appellate court ultimately found that while Larose established a statutory basis for long-arm jurisdiction, Erie did not have the requisite minimum contacts with Florida. The court highlighted that Erie’s issuance of an insurance policy to a Wisconsin entity, covering a vehicle that was primarily garaged in Wisconsin, did not constitute purposeful availment of conducting activities in Florida. The court concluded that subjecting Erie to Florida’s jurisdiction would violate constitutional due process.

Implications for Ontario and Canadian Residents
For Ontario residents injured in Florida, this case underscores several critical points:

• Jurisdictional Challenges: If the at-fault driver is inadequately insured or uninsured, and the injured party seeks to claim UIM benefits from their insurer, the jurisdiction where the action is filed becomes crucial. If the insurer has no substantial connection to Florida, Florida courts may lack personal jurisdiction.
• Action Against Insurers: Ontario residents may need to file claims against their insurers in Ontario or the jurisdiction where the insurance policy was issued, rather than in Florida. This can complicate the legal process, requiring the assistance of legal professionals familiar with cross-border insurance claims.
• Policy Terms and Conditions: It’s essential for policyholders to understand the terms and conditions of their insurance policies, including the geographic scope of coverage and the specified jurisdiction for legal actions.

The Erie Ins. Exch. v. Larose case illustrates the complexities of cross-border insurance claims and highlights the necessity for careful planning and expert legal guidance for Ontario residents injured in Florida. Understanding the jurisdictional nuances can significantly impact the outcome of an insurance claim and ensure that injured parties receive the compensation they deserve.

We regularly assist Canadians injured in the United States.  With offices in Florida and Ontario we are regularly consulted by lawyers both in Canada and the United States to assist with their cross-border injury claims.  If you have questions about an accident in the United States, reach out to us to learn more and to request a Free Consultation. 

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". ​

Many Canadians, fondly referred to as "Snowbirds," annually escape the frigid winters of Ontario for the warm embrace of Florida. However, while the prospect of owning a vehicle in Florida may seem appealing for convenience, it comes with significant insurance risks. This blog explores why it's prudent for Ontario Snowbirds to bring their Canadian vehicles with them instead of purchasing or registering a vehicle in the Sunshine State.

Understanding Family Protection Coverage in Ontario
In Ontario, auto insurance policies generally include family protection coverage. This important feature offers additional security by covering the shortfall in damages caused by an underinsured motorist. Whether you or a family member are involved in an accident, this coverage can be crucial in bridging the financial gap left by other drivers' inadequate insurance policies, providing both peace of mind and substantial financial relief.  

The Risks of Florida Vehicle Registration
While Florida's sunny skies are inviting, the state's auto insurance landscape presents challenges, particularly for those used to the robust protections offered by Ontario policies. It's not uncommon for Florida-registered vehicles to have minimal, if any, third-party liability insurance. This poses a substantial risk, especially in a state known for high medical costs resulting from accidents. Without the comprehensive safety net of family protection coverage, Ontario residents could face significant out-of-pocket expenses if involved in a collision with a poorly insured driver.  

In the vast majority of cases we handle on behalf of Canadians injured in the United States, the at-fault party has either no insurance to cover your losses, or is inadequately insured.  This is the situation in upwards of 95% of cases we handle on behalf of Canadians injured in the USA.  It is a real concern.  The Ontario auto policy provides coverage for you and your family in the event that you are injured and incur medical expenses, lost wages, and pain and suffering due to the fault of another vehicle in Florida.    Most Ontario policies provide at least one million dollars in coverage for such events.  

Gaps in Family Protection Coverage
Should an Ontario resident decide to purchase and insure a vehicle in Florida, they may discover that their family protection coverage does not extend to vehicles registered outside Canada. This coverage gap can lead to severe financial strain in the event of an accident with an underinsured motorist. It's essential to note that family protection coverage typically applies only to vehicles insured under the same policy and may exclude vehicles owned or leased beyond a 30-day period unless specifically covered.

Practical Scenarios and Solutions
Consider a scenario where an Ontario Snowbird, let's call him John, owns two cars: one insured in Ontario and the other in Florida. If John is involved in an accident while driving his Florida-registered car and the at-fault driver lacks sufficient insurance, John may not be covered under his Ontario policy's family protection coverage for that vehicle. 

Additional Precautions
When vacationing in the U.S., comprehensive travel and health insurance are crucial to cover unforeseen medical expenses. Additionally, Snowbirds should explore underinsured motorist coverage in Florida, although this can be costly due to the higher risk of claims in the state.

Conclusion
The allure of owning a vehicle in Florida is clear, but the insurance implications are considerable. Ontario Snowbirds should carefully weigh the benefits of convenience against the potential financial risks. By retaining their Ontario vehicle registration and taking proactive insurance measures, Snowbirds can enjoy their time in Florida without undue worry about insurance coverage gaps.

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". ​

As a personal injury lawyer with experience in both Canadian and US legal systems, I'm here to provide you with a comprehensive primer on the basics of personal injury lawsuits in the US, shed light on key differences between Canadian and US legal systems, and offer valuable advice on how Canadians can safeguard their rights and pursue rightful compensation. Let's delve into this crucial topic together.

Understanding Personal Injury Law in the US, with a Focus on Florida

• Negligence and Liability: Personal injury law in the US, including Florida, revolves around the concept of negligence. To succeed in a personal injury claim, it must be proven that the defendant owed a duty of care, breached that duty, and the breach directly caused the plaintiff's injuries. Florida follows a comparative negligence rule, meaning that compensation may be reduced or, in some circumstances, completely barred, if the plaintiff is found partially at fault.
• Statute of Limitations: Time is of the essence in filing a personal injury claim in Florida. The statute of limitations sets a deadline within which a claim must be filed. For personal injury cases, including car accidents and slip-and-fall incidents, the statute of limitations is generally two years from the date of the incident.
• No-Fault Car Insurance: Florida operates as a "no-fault" car insurance state. This means that after a car accident, each party's own insurance typically covers their medical expenses and some economic losses, regardless of who was at fault. However, in cases of severe injury or significant financial losses, a personal injury claim can still be pursued against the at-fault party.

Key Differences Between Canadian and US Legal Systems

• Tort Law Variations: While both Canada and the US share the concept of tort law (dealing with civil wrongs), there are variations in how tort law is interpreted and applied. These differences can affect liability, compensation, and legal procedures.
• Past and Future Medical Expenses: Medical bills in the United States can be much higher than in Canada.  As such, past and future medical expenses play a large role is assessing the value of a personal injury claim in Florida. 
• Legal Costs: The "loser pays" principle is less commonly applied in the US than in Canada.  In Florida, there are circumstances, through Proposals for Settlement where the losing party may be responsible for paying a portion of the winning party's legal costs. 

Protecting Your Rights and Seeking Compensation
If you are a Canadian injured in the United States, there are steps you can take to protect your rights to bring a claim.  These steps include:

• Prompt Medical Attention: Seek medical treatment promptly and maintain thorough records of your injuries, treatments, and medical expenses.
• Preserve Evidence: Gather and preserve evidence from the scene of the incident, including photographs, witness statements, and relevant documents.
• Consult a Personal Injury Attorney: Get help from a reputable personal injury attorney, particularly one with knowledge of both Canadian and US legal systems. A skilled attorney will guide you through the process, protect your rights, and maximize your chances of fair compensation.
• Timely Action: Adhere to the statute of limitations for filing a personal injury claim in Florida. Delaying legal action may result in forfeiting your right to seek compensation.

Canadians navigating personal injury lawsuits in the US, especially in Florida, requires a solid understanding of the legal landscape and procedures. As Canadians seeking justice and compensation, it's crucial to be informed, prepared, and supported by legal professionals who can bridge the gap between the Canadian and US legal systems. Remember, your rights and well-being deserve protection, and with the right guidance, you can navigate the complexities of personal injury law and pursue the compensation you rightfully deserve.
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Contact us for a FREE Consultation with an experienced cross-border injury attorney. 

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". 

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.  

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.