When residents of Ontario Canada are injured in Florida motor vehicle accidents, there is a good chance that the at fault driver will not have sufficient insurance coverage available to fully compensate the accident victim. The minimum insurance limits in Florida are much lower than Ontario minimums. In Ontario, the minimum policy coverage amount is $200,000. Most insurance policies we see provide coverage of $1 million or more. As such, there is often $1 million available in UIM coverage for an Ontario resident that is injured in a Florida motor vehicle accident.
Ontario underinsured motorist actions must be commenced in an Ontario court. Statute of limitations for auto accidents in Ontario are only two years from the date of loss, and may be even shorter where a demand has been made for compensation to the UIM carrier. Before accepting the U.S. insurance policy limits, it is important to ensure that you are not waiving your rights to claim for excess insurance coverage under your own Underinsured Motorist policy in Ontario. In many Florida accident cases involving Ontario residents, the most substantial part of the claim will involve the Canadian insurance policy, and it is important that you fully understand your rights.
If you are an Ontario resident and have been offered policy limits to settle your case for an accident in Florida or elsewhere in the United States, call us for a free consultation. We can review the situation with you so that you can make an informed decision before you settle. Even if you already have a lawyer in the United States, we can help with your Canadian claims for no-fault and underinsured benefits. We often work with U.S. lawyers to coordinate claims that must be brought in Canada and the United States.
For a Free Consultation call us at 1-866-234-6093.
Andrew Iacobelli is a lawyer, licensed to practice law in Florida, Michigan and Ontario. Andrew restricts his practice to the representation of individuals that have been seriously injured.