​Navigating Underinsured Motorist Claims for Canadian Clients in Florida

As the "Snowbird Attorney," I often encounter unique legal situations that arise when Canadian citizens travel to the United States, particularly to Florida. A common scenario for Canadians injured in the United States is that the at-fault driver does not have sufficient insurance coverage to pay the total value of the claim. In these situations, I most often contacted by other Florida attorneys seeking guidance of assistance pursuing the Underinsured Motorist claim against the Canadians auto insurance policy.  

Navigating Underinsured Motorist Claims for Canadian Clients in Florida

As a Florida attorney, you may encounter unique challenges when representing Canadian clients involved in motor vehicle accidents in our state. One area that requires particular attention is underinsured motorist (UIM) claims. 

Understanding the Basics of Canadian UM/UIM Claims

In Florida, UIM coverage protects insured individuals when the at-fault driver's liability insurance is insufficient to cover their damages. However, when the client is Canadian, the situation becomes more complex. Their primary automobile insurance policy is likely based in Canada, which may have different UM/UIM provisions than Florida policies.

Key Considerations for Canadian Clients with UIM Claims

Policy Language: The first step is to thoroughly review the client's Canadian insurance policy. Pay close attention to the following:

• UIM Coverage Limits: Determine the available UIM coverage limits under the Canadian policy.
• Territorial Restrictions: Check if the policy restricts coverage to Canada or extends to the United States. Many Canadian policies offer coverage in the U.S., but it's essential to confirm the extent of that coverage.
• "Other Insurance" Clauses:Canadian policies may contain clauses that address how UIM coverage interacts with other insurance, including any potential Florida policies.
• Family Protection Coverage: Many Ontario policies include Family Protection Coverage (OPCF 44R), which may provide additional UIM protection. Understand how this coverage applies in a Florida accident.  This is an endorsement that adds additional coverage.  Similar endorsements are available in other Canadian jurisdictions also. 

Jurisdictional Issues: Determining where a UIM claim can be pursued is crucial. The Florida case of Erie Ins. Exch. v. Larose highlights the importance of establishing "sufficient minimum contacts" between the insurance company and the jurisdiction. If the Canadian insurer does not have significant ties to Florida, pursuing a claim in a Florida court may be challenging.  In our experience, claims for UM/UIM coverage against a Canadian issued auto policy must be commenced in Canada.

Statute of Limitations: Statute of Limitations for Canadian UM/UIM coverage may have different limitation periods than the State claim against the at-fault party.  Sometimes, a demand can trigger the commencement of the limitation date, so be cautious about making a demand unless you are aware of the governing limitation period.  

Coordination with Cross-Border Counsel: If settlement negotiations with the UM/UIM carrier are unsuccessful, and litigation is necessary, it may be advisable to involve an attorney experienced with cross border injury claims.  An attorney familiar with Canadian insurance law and procedures can assist with filing suit in the appropriate jurisdiction in Canada. This collaboration is particularly important if the client's Canadian policy is the primary source of UIM coverage.  We have worked with lawyers in almost every US State to assist them with advancing underinsured motorist claims on behalf of their injured Canadian clients.  

State Where Crash Occurred: While the UIM claim itself may be pursued in Canada, the law from the State where the crash occurred still governs some of the  UM/UIM claim even if advanced in Canada.  In particular, provisions dealing with liability can be governed by the jurisdiction where the accident occurred.  This can be important for Canadian UM/UIM claims, as it often eliminates some of the unfair no-fault laws that Canadian jurisdictions have codified.  

Release Considerations: Be cautious when advising your client on signing releases. A release provided by a Florida insurer may inadvertently impact their UIM claim in Canada. Ensure that any release specifically excludes UIM claims under their Canadian policy.  It is advisable to have an experienced cross border injury attorney review the proposed release to make sure that a Canadian is not signing away valuable rights in Canada.  

Steps to Take for Canadian Injured in a Motor Vehicle Accident in the United States

1. Obtain the Canadian Insurance Policy: Obtain a copy of your client's Canadian automobile insurance policy.
2. Review Policy Language: Analyze the UIM provisions, territorial restrictions, and "other insurance" clauses, and determine if your client has other endorsements providing additional protection. 
3. Assess Jurisdictional Issues: Determine if the Canadian insurer has sufficient contacts with Florida.
4. Evaluate Settlement Offers: Carefully consider any settlement offers from the UIM carrier, in consultation with Canadian counsel if needed.  Some Canadian adjusters will mislead either inadvertently or intentionally with respect to damages assessment in Canada and applicability of deductibles and threshold provisions.  Don't take their word for it, consult with a cross-border attorney.   
5. Coordinate with the Snowbird Attorney to Co-Counsel: If litigation is necessary, collaborate with an attorney experienced in Canadian insurance law.
6. Protect Your Client's Rights: Ensure that any releases or agreements do not jeopardize their UIM claim in Canada.

Successfully handling UIM claims for Canadian clients in Florida requires a coordinated approach. By working with experienced cross border counsel for Canadians injured in the United States, you can ensure that your client's rights are protected and that they receive the full benefits they are entitled to under their Canadian insurance policy.

Call Attorney Andrew Iacobelli anytime to discuss your case. We are happy to talk and offer suggestions and guidance if you are representing a Canadian injured in the USA.  

Disclaimer:This article is for informational purposes only and should not be considered legal advice. Always consult with a qualified legal professional for advice tailored to your specific situation.

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 is a licensed attorney in Florida, Texas, Michigan and Ontario.  He 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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