INSURANCE CLAIMS FOR CANADIAN INJURED IN FLORIDA CAR ACCIDENT

If you are a Canadian injured in a car accident while in Florida, you probably have a lot of questions about your rights and remedies.  Some common questions are: 

• Which insurance company is responsible for my healthcare expenses if I am injured as a Canadian in Florida? 
• Do I make a claim against my Ontario auto insurance policy or the Florida insurance policy?  
• Does my Ontario auto insurance policy cover my medical expenses if I am injured in Florida?
• What if the car that caused the accident has little or no insurance?  

Canadians involved in a Florida automobile accident will often be able to access insurance benefits through their own Canadian insurance, even for car accidents that occurred in Florida.  In addition to obtaining accident benefits or disability insurance payments from your Canadian insurer, you may also be able to claim against the insurance company for the other vehicle/driver in Florida. 

When a Canadian is injured in a car accident in Florida, important decisions will need to be made early that can have a major impact upon your entitlement to compensation.  Among other things, you will need to elect between Florida personal injury protection (PIP) and Ontario accident benefits. It is important to get the facts about the available benefits before electing.

Obtaining compensation for a Canadian involved in a Florida car accident can be challenging and it is important to have an experienced personal injury lawyer on your side.  For a free case review and to learn about your rights as a Canadian injured in a Florida car accident call us today at 1-866-234-6093. 

Florida Vehicles May Be Underinsured

Under Florida law, the minimum insurance limits that owners must have on their cars, is much lower than in Canada.   The Florida Financial Responsibility Law (Chapter 324, Florida Statutes) requires the at fault owner/driver to have full liability insurance coverage in effect at the time of the crash. This coverage includes:

• minimum limits of bodily injury liability of $10,000 per person, $20,000 per crash,
  
• $10,000 property damage liability per crash, and
  
• personal injury protection limits of $10,000 per person per crash.

Many vehicles in Florida are operated with minimal or no insurance coverage.  This means, that the at-fault insurance may not be sufficient to pay for your injuries and losses, including medical bills, lost wages, and pain and suffering.  The good news for Canadians is that, very often, your Canadian auto insurance will have specific coverage to make up for the inadequae insurance from the at-fault driver.  

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Make Sure You Call the Police and Request the Other Driver's Insurance Information

Florida law requires the driver of a vehicle involved in a crash involving injury or death to a person, or at least $500 estimated vehicle or property damage, to immediately contact local law enforcement.  

Requesting the other Driver’s Insurance Information
Section 324.242(2), Florida Statutes, only allows release of insurance information for a vehicle involved in a crash to:

• A person involved in the crash;
• Their attorney; or
  
• A representative of the insurer of anyone involved in the crash.

Make sure you obtain the identity of the other driver and information about the other involved vehicle, such as make, model, and license plate number.