So, you have been involved in an accident outside of Canada. What steps should you take?
If you have been involved in an accident outside of Canada and are an Ontario resident, here are a few steps you should take:
- Seek medical attention if you or anyone else involved in the accident is injured.
- If the accident was a motor vehicle accident, you should contact your insurance company as soon as possible to report the accident and make a claim. Your insurance policy should cover you for accidents that occur outside of Canada.
- If the accident was not a motor vehicle accident, you should contact your travel insurance provider to report the accident and make a claim.
- You should also keep any documentation related to the accident, such as police reports or medical bills, as you may need this information to support your insurance claim.
- If you are in a foreign country and need assistance, you can contact the nearest Canadian embassy or consulate for help
The law of the nation where the accident occurred will govern any legal action taken by the injured party if they are hurt while travelling abroad. Undoubtedly, rules in nations like India, China, France, Cuba, and Mexico differ significantly from those in Ontario.
Before you leave, how can you safeguard yourself? Purchasing travel insurance is one option. You will be protected against the expense of unplanned crises thanks to this. Additionally, ensure your life and long-term disability insurance policies do not contain any exclusions that could be brought on by leaving the country or partaking in risky activities (e.g. kiteboarding or scuba diving).
Your relatives may incur parking costs when they come to see you if you spend a few days in the hospital in Ontario. You might need to mortgage your home in order to spend a few days in a hospital in another nation. For instance, medical expenses in the US might reach $4,000 per day. The maximum amount that OHIP would reimburse you for this bill is a similar cost of the expense if it had been incurred in Ontario, which is roughly 10% less than what is charged in the U.S.
A travel insurance policy’s function is to offer protection against sudden, unforeseen medical emergencies. It is a wise decision to obtain travel insurance; however, you should be aware of the limitations frequently outlined in these policies before making your purchase. Many passengers may need to understand that their insurance may be void from the start or that the insurance company may reject a claim for payment because the policy is replete with exclusions and limitations until after the emergency has occurred. An insurance company will reject a claim in one of three circumstances: (a) your emergency medical care was connected to a pre-existing (i.e., prior-to-departure) medical condition; (b) another exclusion in the policy renders coverage void; or (c) you made a “material misrepresentation” on the application form.
Are Automobile Accidents Abroad Covered in your Ontario Insurance Policy?
Your Ontario auto insurance does not offer you any protection outside of Canada and the United States. As a result, if you are harmed in a car or bus accident in the Dominican Republic, your only options for obtaining compensation are whether the law of the country permits it and whether the party or parties responsible for the accident have insurance or sizable assets.
There are very few circumstances in which someone hurt in Mexico or the Caribbean may file a lawsuit in an Ontario court. Therefore, it’s crucial to speak with an Ontario personal injury lawyer as soon as you arrive home if you sustain a major injury while travelling.
ABOUT THE AUTHOR
The ability to make a meaningful change in people’s lives is what attracts Kanon to injury law. For Kanon, the clients’ right to fair compensation is the pillar of his deep commitment to improving the lives of injured persons and their families. Kanon started at Bergeron Clifford as a summer student learning the ins and outs of injury law. He then completed his articles at our firm before being called to the Ontario bar in 2020.