Navigating Underinsured Motorist Claims for British Columbia Residents Injured in the United States

By Colton M. Leung

As a Canadian resident from British Columbia, traveling to the United States can be an exciting adventure. However, accidents can happen, and when they do, understanding your rights and insurance coverage is crucial, especially if you are injured by an underinsured motorist. The Insurance Corporation of British Columbia (ICBC) offers Underinsured Motorist Protection (UMP) to help protect you in these situations. Here, we will explore what UMP coverage entails, how jurisdictional laws affect your claims, and essential steps to ensure you maximize your protection.

Understanding Underinsured Motorist Protection (UMP)
ICBC provides Underinsured Motorist Protection, offering up to $1,000,000 in coverage for British Columbia residents injured by inadequately insured motorists in the United States. This coverage is designed to bridge the gap when the at-fault driver's insurance is insufficient to cover your medical expenses, lost wages, and other damages resulting from the accident.

Key Conditions for UMP CoverageOne critical condition of UMP coverage is the requirement to consult with and obtain written agreement from ICBC before settling with an underinsured driver or owner in another jurisdiction. This step is crucial to preserve your right to UMP benefits and ensure you do not inadvertently waive any potential claims.

Jurisdictional Laws and Their Impact
When an accident occurs in the United States, the laws of the jurisdiction where the accident happened will control your rights and may impact your claims with ICBC. Each state in the U.S. has its own set of laws regarding traffic accidents, insurance claims, and liability. These laws will determine how your claim is processed, including:

• Statute of Limitations: The time frame within which you must file a claim can vary by state. It is essential to be aware of these deadlines to avoid losing your right to compensation.
• Comparative or Contributory Negligence: Some states may reduce your compensation based on your level of fault in the accident, while others may bar recovery altogether if you are found to be partially at fault.
• Damage Caps: Certain jurisdictions may have limits on the amount of compensation you can receive for specific types of damages, such as pain and suffering.

Steps to Protect Your Rights

1. Report the Accident Immediately: Notify ICBC as soon as possible after the accident to initiate the claims process and understand your coverage options.
2. Consult a Personal Injury Lawyer: Given the complexities of cross-border accidents, consulting a personal injury lawyer experienced in both Canadian and U.S. laws can help you navigate the legal landscape and maximize your compensation.
3. Gather Documentation: Collect all necessary documents related to the accident, including police reports, medical records, and any correspondence with the at-fault driver's insurance company.
4. Follow ICBC Guidelines: Ensure that you adhere to all ICBC requirements, including obtaining their written agreement before settling any claims with the underinsured motorist.

Being injured in a motor vehicle accident in the United States as a British Columbia resident can be a challenging experience. However, understanding your rights under ICBC's Underinsured Motorist Protection and the impact of jurisdictional laws can help you navigate the claims process more effectively. By taking the necessary steps to protect your rights and seeking professional legal advice, you can ensure that you receive the compensation you deserve for your injuries and losses.

If you are a British Columbia resident injured in the United States, contact us to learn more about your rights by calling us toll free at 866-234-6093.  

Colton M. Leung is an experienced personal injury lawyer with Iacobelli Law Firm in their Canadian offices. Colton is licensed to practice law in British Columbia and Ontario, and he regularly works with attorneys in the United States to coordinate and access benefits and claims for Canadians Injured in the United States.