Cross-Border Accidents Between Canada & the U.S.: What to Do If You’ve Been Injured

In our latest Youtube video and podcast, the Snowbird Attorney discusses cross-border accidents.  We hope you enjoy this latest video, which is below.  Here is a summary of the video and podcast.  

Introduction to Cross Border Accidents
When I talk about cross border accidents, I'm primarily talking about accidents between Canada and the United States or neighboring states or provinces and neighboring states. Those are among the most interesting cases for me, in part, because of my experience on both sides of the border, having offices, both in Ontario and Florida, and being fortunate enough to be a member of the bar in Florida, in Michigan, in Texas and in the province of Ontario. 

We get calls very often from attorneys in Canada and the United States that represent clients in their home jurisdiction that may have been injured in some other jurisdiction. So, either a Canadian that was injured while traveling to the United States or, alternatively, an American resident or citizen that was injured someplace in Canada.

Legal Jurisdiction in Cross Border Accidents
Let's use this scenario, an Ontario resident travels to Florida for vacation and is involved in a crash. There's a whole lot I can talk about. In fact, I wrote a whole book on this, on what the rights are. And so I can't get into great, great detail here, but generally speaking, the rights and remedies of the person that's hurt is going to be, for the most part, governed, the law is governing that cause of action. typically are from the jurisdiction where the crash occurred. 

That goes back to an old Latin saying, Lex Loci Delicti. And essentially it means the law of the location or the place where the tort occurred. 

A Canadian happens to be in Florida. The law of the location where that event occurred is going to control. In that circumstance, Florida.

Impact of Auto Insurance in Cross Border Accidents
But, there's much more than that to this story. Particularly with auto insurance or auto claims. If the injury involves a motor vehicle collision, the story can change. Because then you have to look at the home jurisdiction. Cars are different from other types of injuries and there are rights and remedies that might be available in the home jurisdiction as well because of auto insurance and laws governing auto insurance and what protections they have to offer. And that will be dictated by the person's home jurisdiction. 
Complexities in Cross Border Auto Accidents
You start off with where the location of the accident is, that sort of sets the stage, but then you also have to look at where the person injured comes from. And then look at their laws and their insurance laws to see what coverages and what benefits might be available in their particular home jurisdiction.

So that's the starting point, and then it can become even more complex from there depending on types of injuries, the amount of insurance coverage available in the jurisdiction or the location where the crash occurred, and then whether the person also has to look to their home jurisdiction and their own insurance policy to pursue additional claims.

In short, there's a reason why there's a whole book on this because it's a tangled web of laws, rules, and contracts that can govern a person's rights or remedies when they're hurt while traveling abroad. 

Rights and Remedies for Injuries Abroad
So if you're in that scenario, even if it wasn't your own car, I was in a taxi in Florida, or I rented a car, whatever it might be, you still might have rights and remedies in your home jurisdiction.

If you were hurt while traveling abroad in a car accident, really important, speak to a lawyer early to make sure you're covering all your bases, covering all your rights and remedies. Car accidents are different from other types of accidents. 

Non-Auto Related Cross Border Injuries
Similar scenario, a person travels abroad from their home state or province, travels to another state and falls, slips and falls at the hotel or trips and falls in a plaza.
That's a different scenario. That claim will almost exclusively be governed by the law of the jurisdiction where the injury occurred. And then you have to look at the laws in that jurisdiction in terms of premises liability. 

Of course, there could be complicating factors with respect to health care, treatment, and the logistics of advancing a case. But from a strictly legal point of view, in those circumstances, almost always, it's the law of the location where the injury occurred that governs. 

Injuries Caused by Foreign Visitors
So now let's look at a slightly different scenario. We talked about where the injured party has gone into a new jurisdiction. But what about the scenario where the at fault party is the visitor? For the resident who's injured, they will have the protections of their home jurisdiction. 

So I'll give you an example. A resident of Florida, going to work one morning and a car from Quebec turns left in front of them and causes a crash. They might be wondering, well, what are my rights now? Because the person who caused me harm is not from my home state. Maybe not even from my home country. So what are my rights? How can you pursue someone who is from a completely different country? 
The good news is they have all of the rights and remedies. that are afforded to them by their home jurisdiction. 

Steps to Take After an Accident with a Foreign Visitor
The complicating factor in those scenarios is advancing that claim against the foreign entity, a foreign person. That person probably leaves your home state, leaves the country, goes back home, and now how do you find them? 

So in those scenarios, it's really, really important. Absolutely critical. Report the accident. You've got to report the accident. You have to have their identity recorded by the authorities. 

You need the driver's license number. If the car is from another jurisdiction, obviously the plate number of the car. If it's a Florida rental vehicle with a foreign driver, it’s the same thing, plate number is important so you can find out who the owner of that vehicle is as well. 

Report it to the authorities so that hopefully they'll record the relevant information. Take photographs at the accident scene. If there are witnesses, get the identity of the witnesses, not just their names, but more importantly their contact information in case we need to speak to them in the future. 

Just make sure you have all of the information. That you can possibly gather before this person leaves the country. Your lawyer will be in a much better position to be able to assist you in advancing that claim. 

Pursuing Claims Against Foreign Defendants
The good news is, when someone comes into your home jurisdiction and causes an injury or is negligent and causes you harm, you do have the right to pursue them. And you have the right to pursue them in the location where the accident occurred in your home jurisdiction.

In this scenario, for the Florida resident, they wouldn't have to go to Quebec and sue the defendant in Quebec. They could actually require the Quebec resident to come back to Florida to defend that lawsuit. 

The good news is, most Canadians are very well insured. In terms of auto insurance, typically the minimum limits of insurance in Canada are higher than the minimum limits within the United States. Very often those vehicles are adequately insured and those Canadian insurance companies will defend and ultimately, if you prevail, pay a claim, even though the accident happened abroad. 

We help a lot of attorneys that are dealing with foreign defendants, try to locate them, try to identify their insurance companies, put them on notice, get them served. We have a lot of experience with these cross border cases. 
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Have Questions? Contact Us Today!
If you were injured in a car accident because of the negligence of somebody that's from another country or another state, reach out to us, request a free consultation. We're available on our website or toll free number. We're happy to listen to the facts of your particular circumstance and see if we can help you.

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