If a driver travels from Ontario into the United States, and then gets hit by another motorist, while still in the U.S., that same motorist has a right to file a claim for damages. Sometimes, the driver gets to choose the court in which to file that same claim.
Factors that could allow the affected motorist to file a claim in Ontario, even though the accident did not happen in that Province
• The other driver’s living quarters happen to be in Ontario
• The other driver conducts business in Ontario
• The existence of a contract connected the affected motorist to a claim that arose in Ontario
• If none of the above apply, then the claim needs to be filed in a U.S. court.
Regardless of where the claim gets filed, it is the driver’s responsibility to report the accident to his or her insurance company.
The wisdom behind buying added protection, before venturing into the United States
In Ontario, every driver must carry some form of liability insurance. Not all states in the U.S. require drivers to buy and carry liability insurance. Consequently, a Canadian could get hit by someone that lacks the ability to pay for any needed repairs.
Drivers that buy a Family Protection Enhancement do not have to worry about that possibility. The Enhancement guarantees the availability of money for repairing any vehicle damage. In addition, it provides coverage of any injuries to members of the driver’s family.
The value of photographs
Pictures of the scene of the accident could prove useful, especially if the claim gets filed in Ontario. By the same token, pictures of the location where any injured victims sought medical care could prove valuable. That facility might send a bill to the driver of the car in which the injured passenger was riding. The bill would count as evidence of a medical expense.
Still, an insurance company in Ontario would not be familiar with every medical facility in the United States. A picture could offer proof of the existence of such a clinic or hospital. Possession of such proof could make it easier to seek repayment of medical expenses.
It helps to learn the rules of the state where the accident occurred. In most states, all drivers must reduce their speed to 15 mph when passing a school. An awareness of that rule might get used to call attention to an example of added negligence on the part of the other driver. As per the Canadian Supreme Court, the accident victim can file a claim for damages, if these factors are present:
• If the accident took place in Ontario
• If the defendant or the liable party is a resident or owns a business in Ontario
• If a contract has been signed in Ontario is related to the claim
When you work with a Personal Injury Lawyer in St. Catharines, they will review your case and file for compensation accordingly.