Ontario residents involved in US car accidents – Cross-Border Personal Injury Claims

Ontario residents who head south for the winter are commonly referred to as “Snowbirds”.  It is synonymous with all Northern residents (both in Canada and USA) who migrate south every winter to avoid the cold winter weather.  And who can blame them? These sunny, southern states provide sun, fun, beaches, activities, and relaxation for everyone. 

So how many Ontario Snowbirds are there and where do they go?  

The numbers are not exact, but Ontario and Quebec residents make up the bulk of the Snowbird migration.  IT IS currently estimated 4 million Canadian residents migrate south for various length of time, to popular destinations like Florida, South Carolina, North Carolina, Georgia, Texas, and Arizona. These states experience a huge influx of tourists and migrating snowbirds during the colder months. 

Before travelling south, Ontario residents need to make sure their medical travel and car insurance is all in order.  Please make sure you review your policies.  Make sure you understand what you are covered for, and how to access that coverage if need be. It’s always a good idea to purchase extra medical and travel insurance. Private medical coverage should be purchased for every member of your family prior to leaving Canada.

It is also a very good idea to increase your optional car insurance coverages. In particular, we recommend that you increase your liability limits, Statutory Accident Benefits, and make sure you have underinsured and uninsured motorist protection. These optional benefits are relatively inexpensive and are invaluable to you and your family should you experience a bad accident.

Learn more about private health insurance for travelling here.

Travelling Is Not Risk Free

Unfortunately driving across the US comes with some risks.  When the fun comes undone due to serious or catastrophic accidents you can always rely on us. Snowbird Accidents is here for you.

Snowbird Accidents Recommends The Following Lawyers In Ontario

We Also Recommend The Following Healthcare Teams In Ontario

Need help with any legal issues?

What Should You Do If You’re Involved in An Accident Outside Your Home Province

Travelling Is Not Risk Free

Before travelling south, Canadians need to make sure they are well prepared for any emergency. You need to investigate your current medical and travel insurance options, to make sure you understand what you are covered for, and how to access that coverage. It’s always a good idea to purchase extra medical and travel insurance. Private medical coverage should be purchased for every member of your family prior to leaving Canada.

It is also a very good idea to increase your optional car insurance coverages. In particular, we recommend that you increase your liability limits, Statutory Accident Benefits, and make sure you have underinsured/uninsured motorist protection. These optional benefits are relatively inexpensive and are invaluable to you and your family should you experience a bad accident.

Canadians Involved In Personal Injury Accidents In The US

Accidents happen. The law of the state where the accident happened dictates the rights and remedies you have (Tort rights). In most states you can sue (or be sued) for pain and suffering and any economic losses suffered. Furthermore, each state has different procedural rules as to when and how a claim can be made. You will need a lawyer/attorney in that state to provide legal advice.

Each Canadian province has a mandatory no-fault accident benefits scheme. In Ontario they are called Statutory Accident Benefits. They are available to you and your passengers regardless of fault.

These contractual claims must be remitted to your insurer in the province where you purchased your car insurance. For example, Ontario residents involved in a Florida car accident, (Tort rights) can sue for pain and suffering in Florida, but must remit their medical and rehabilitation claims to their Ontario car insurer for reimbursement (contractual claims). 

“My insurance” travels with me wherever I go!

Nearly every car driver’s car insurance policy travels with them all across North America.  If you are involved in a car accident your car insurance policy is to comply with that State or Province’s laws of that jurisdiction.  For instance, if an American is injured in Ontario, they have the right to sue subject to the restrictions and his or her US policy must provide Ontario Statutory Accident Benefits, and Ontario’s minimum liability limits. 

Conversely, as a Canadian, your car policy must comply with the laws of the jurisdiction where the accident happened. In most instances your Canadian car Insurance policy will far exceed what are the mandatory US State requirements.  

Please note there is a complicated election process. The two contractual benefit schemes need to be compared in order to decide which is in your best interest.  Prior to making a decision you need t4o speak to a knowledgeable Cross Border Accident Lawyer who can explain your rights. 

Don’t leave home without it - Accident benefits and underinsured and uninsured coverage

It is suggested that 70% of the car accidents in the United States involve car drivers who are inadequately insured.  If you are injured by an underinsured or an uninsured driver, you can claim any financial shortfall from your own car insurer up to the limit of your car policy.  Canadians not at fault or partially at fault for a car accident and injured by an uninsured or underinsured driver can claim the financial shortfall from their own car policy. This protection extends to family members. The claim must be brought in Canada.  In particular which province the insurance was purchased in.

Accident benefits

Canadians involved in any car accident in North America, regardless or fault, are immediately eligible for their Provincial Statutory Accident Benefits (PIPs or SABs). If you are an Ontario resident, these contractual benefits are up to $1,000,000 for such needs as medical, rehabilitation, attendant care, and limited income replacement benefits.

Why You Need A Personal Injury Lawyer For Cross-Border Accidents

Law, Rules and Regulations surrounding personal injury claims vary greatly between country, province, and state. Additionally, private insurance companies provide different coverages and benefits based on where they are located and what you purchase.  States and Provinces have different statutory time limits – should they be missed your action will be statute barred.  Let us not forget how complicated Provincial, State and private health insurance is.  Many an insurance claim that is submitted is denied for some obscure reason denying you the health benefits and compensation you deserve.

This is where Snowbird Accidents comes in

For over 35 years we have been helping Ontario residents, Canadians and Snowbirds involved in car accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, and truck accidents cross North America.

Very few lawyers understand the complexity of cross-border accidents. After a serious car accident or other type of accident has occurred, you will need a lawyer in both the state the accident occurred and in your home province too. It’s crucial that the two lawyers can work collaboratively to ensure your rights and remedies are properly protected.

Both lawyers will share one contingency fee based on the work performed. Since these lawyers work on a contingency basis, you will only pay for the services rendered once your settlement has been received, helping you to focus on your recovery, not your finances.

Snowbird Accidents can arrange for some of the best personal injury lawyers and attorneys to help you navigate this process quickly, without added stress, so you can focus on rest and recovery.

These personal injury attorneys and lawyers will work collaboratively with your insurers and hospital and health care companies to quickly process your Canadian cross-border claims.

Find a Personal Injury Lawyer in The State or Province You Were Injured in Now!

Any personal injury law firm, personal injury lawyer, or personal injury attorney we recommend has shown they have extensive knowledge and expertise you can trust when faced with the challenge of a cross-border accident.

CANADIANS INVOLVED IN US CAR ACCIDENTS NEED LEGAL ADVICE.  CROSS BORDER CAR ACCIDENTS ARE EXCEPTIONALLY COMPLICATED.  DON’T HESITATE CALL THE SNOWBIRD HOTLINE.

Snowbird Accidents Recommends The Following Lawyers In Ontario

Kalim Khan, Senior Partner at Affinity Lawyers, specializes in corporate/commercial law and insurance litigation. A graduate of Trinity College and the Windsor-Detroit LL.B./J.D. program, he was called to the Ontario bar in 2000. Khan co-founded Chehab & Khan, the predecessor to Affinity Lawyers, and has been a pioneer in Toronto’s Islamic finance sector. With a strong background in international transactions, he serves as a key advisor and negotiator, making him an asset to both clients and colleagues.

Lawyer

Richard M. Bogoroch is the founder and managing partner of Bogoroch & Associates LLP. He has over 40 years of experience practising personal injury and medical malpractice litigation. Richard is regarded as a leading personal injury lawyer and has been recognized by the Canadian Legal Lexpert® Directory and by The Best Lawyers in Canada. The firm concentrates on serious personal injury, medical malpractice, wrongful death, product liability and disability claims litigation throughout Ontario. 

Lawyer

Joseph Falconeri is the Managing Partner at Falconeri Rumble Harrison LLP and specializes in personal injury and medical malpractice litigation. With a law degree from the University of Windsor and an impressive career spanning decades, his practice focuses on victims of spinal cord, neurological, and traumatic brain injuries as well as medical malpractice in various specialities.

+ Whitby, Oshawa, Courtice, Bowmanville, Kingston

Charles Gluckstein is the Managing Partner at Gluckstein Lawyers, specializing in catastrophic injury claims, including birth trauma and medical negligence. Admitted to the Ontario Bar in 1999, he has over 24 years of experience and has been consistently recognized by Best Lawyers in Canada and LEXPERT directories. He also served as President of the Ontario Trial Lawyers’ Association from 2013-2014 and is a leader in integrating technology into legal practice.

Andrew A. Iacobelli, a prominent personal injury lawyer, serves as an integral part of the Iacobelli Law Firm. Licensed to practice in Ontario, Florida and Michigan, Andrew brings a diverse and accomplished background to his practice. Holding an undergraduate degree from the University of Toronto and a cum laude Juris Doctor degree from Michigan State University, he initially honed his skills in complex litigation defending physicians and hospitals.

Super Membership

Miryam Gorelashvili, founder of MG Law, specializes in handling personal injury claims involving serious and catastrophic injuries, with a track record of obtaining millions in compensation for her clients. Miryam’s personalized approach is backed by her multilingual team, catering to a diverse clientele. She holds a LL.B. from the University of Ottawa and various other legal accreditations, and actively contributes to community organizations such as Brain Injury Awareness Day and the Ottawa Distress Centre. MG Law is a community-focused firm, emphasizing tailored solutions for each unique case.

Jeffrey A. Preszler is a partner at Preszler Injury Lawyers, specializing exclusively in plaintiff personal injury law. Admitted to the Ontario Bar in 2007, he holds degrees from the University of Western Ontario and the University of Manitoba. Known for his creative and client-centric approach, Jeffrey has garnered high praise in Google Reviews and has acted as counsel for other firms. His practice areas include complex motor vehicle accidents and catastrophic injury claims. He has secured judgments exceeding $4 million and is a frequent media commentator and mentor in his field.

Super Membership

Jason Singer and Jason Katz are partners in the law firm of Singer Katz LLP.  They specialize in personal injury, insurance and disability claims.  Both are Certified Specialist in Civil Litigation by Ontario’s Law Society and have been recognized in both Best Lawyers in Canada and the Canadian Legal Lexpert Directory for 2023.  They have received awards from the Ontario Trial Lawyers Association and have argued landmark cases in Ontario and before the Supreme Court of Canada.

Retired Lawyer (special counsel)

Leonard Kunka was a distinguished partner at Thomson Rogers, where he specialized in helping victims and families cope with severe injuries. With years of focused practice and extensive trial experience, Leonard retired from the law firm Dec. 31, 2023. He has been honored by Best Lawyers in Canada since 2010 and is also listed in the Canadian Legal LEXPERT Directory as a leading expert in Personal Injury Litigation.

Leonard remains as special personal counsel to Snowbird Accidents.

+ Belleville, London

Non-Lawyer Members Supporting Accident Victims

Rehabilitation Management
Life Care Planning

Ann Krause & Associates, established in 2007 by Ann Krause, offers rehabilitation management and life care planning services, specializing in brain, spinal cord, and complex orthopaedic injuries. With a history in private sector rehabilitation since 1996, the firm boasts a team of seasoned consultants from diverse backgrounds. They provide case management in Toronto/GTA, Hamilton, Niagara, and London, while their Life Care Planning services extend to Montreal, Ottawa, and northern Ontario. Committed to tailored rehabilitation, their mission revolves around facilitating clients’ recovery and reintegration into their homes, communities, and workplaces. The team prioritizes clear and sensitive communication to enhance clients’ quality of life.

Mediator

Paul is a distinguished mediator, arbitrator, and investigator associated with ADR Chambers. Boasting over 40 years of experience in the insurance industry, he’s also the founding principal of YorkStreet Dispute Resolution Group. His expertise has earned him multiple awards and designations, including an Honorary Membership in the Ontario Insurance Adjusters Association and the Ontario Bar Association’s Award of Excellence in Alternative Dispute Resolution. Certified as a Specialist in Civil Litigation, Paul has also served as a Deputy Judge of the Toronto Small Claims Court for over 25 years.

Structured Settlement Consultant

Helping Canadians at the time of Settlement.

Paralegal

Statutory accident benefits.
joel@jelewislegal.com

Snowbird Accidents Recommends the Following Healthcare Teams in Ontario

ADL

Accessible Daily Living

Accessible Daily Living (ADL) are accessibility consultants and contractors that specialize in home and workplace modification solutions, in order to improve the quality of life, while creating barrier- free living.

Specialized Behavioural Support

Bartimaeus offers many direct services to clients with complex needs, as well as customized training and consultation services to customers throughout Ontario, Quebec and the Maritimes.

Driver Assessment & Rehabilitation

DriveLab provides assessment and treatment to at-risk driver/passenger/pedestrian referred by the Ministry of Transportation of Ontario, insurance companies, law firms, family physicians and other health care profession.

Golden Years – Improving with Age

Personal Injury Lawyers Are Available to Help Injured Canadian Snowbirds Now!

Any personal injury law firm, personal injury lawyer, or personal injury attorney we recommend has shown they have extensive knowledge and expertise you can trust when faced with the challenge of a cross-border accident. In most instances, you can deal directly with them by going to their website. As an alternative, you are welcome to complete the contact form or give us a call.

Frequently Asked Snowbird Insurance, Travel And Personal Injury Questions

Snowbird Accidents is not a law firm. We are an International “Qualifying Referrer”. We provide information about car accidents, car insurance options, medical insurance options, personal injuries, and more. We do not provide legal advice. That is the job of the personal injury attorney or lawyer that you end up retaining.

We can recommend  personal injury lawyers familiar with the complexities of cross-border accidents in the province you reside in and the state you were injured in. The lawyers and attorneys recommended by us are leaders in their field and frequently deal with catastrophic car accidents, truck accidents, motorcycle accidents, bicycle accidents, and pedestrian accidents.

The Snowbird Helpline offers peace of mind if the unthinkable happens. We are here to connect you with a team of lawyers and attorneys that are knowledgeable about personal injury claims, no matter what province or state you were injured in.

When a serious personal injury happens in a different country, you quickly need help. That’s where Snowbird Helpline comes in. Our team has extensive knowledge and expertise that you can trust when faced with the challenge of a cross-border accident.

We are not lawyers or a law firm. No legal fees are paid or shared with us. Instead, we offer advice on what your next steps should be and who you should contact. We recommend personal injury lawyers and attorneys that are familiar with the complexities of cross-border accidents.

For over 35 years, we have assisted Canadian snowbirds involved in car accidents and other personal injury accidents in the United States.

Snowbird Accidents assists people experiencing serious personal injuries of all kinds. Primarily we assist with those who have been involved in serious car accidents, pedestrian accidents, bicycle accidents, or trucking accidents.

We are here to help organize the steps you have to take with your insurance company and connect you with experienced personal injury lawyers and attorneys, and more.

Snowbird Accidents is a USA corporation with headquarters in West Palm Beach, Florida, and offices in Toronto, Canada.

We offer expertise and personal injury lawyer recommendations in over 50 states and 10 provinces. To quickly get in touch with us about your situation, give us a call at 1-800-436-0353.

Our goal is to be accessible at all times to snowbirds who require assistance. You can fill out our online contact form or give us a call at 1-800-436-0353.

Additionally, you can contact the lawyers mentioned on our site directly through their websites or online contact information.

Your health and safety, plus the health and safety of your family or other injured parties is always top priority. Be sure to seek out medical attention immediately. It is important to make sure the police are contacted.

If possible, while still on the scene, obtain the driver’s license and insurance information of those involved in the accident. If possible, get contact information for all witnesses. Additionally, you should take notes and pictures of everything you can. This includes the scene of the accident, the other car, any visible injuries, and what caused the accident if known.

Make sure that your doctors are informed about the accident and all of your injuries. Take notes of what the doctor advises and keep a record of your injuries and healing process.

As soon as you are able, contact Snowbird Helpline. We can help advise you of the next steps you should take.

Contact The Snowbird Helpline Today!

1-800-436-0353