Cross-Border Injury

Travelling across borders presents its own set of hazards for Canadians visiting the U.S. Accidents can quickly turn into financial burdens when they involve underinsured or uninsured American drivers. Having OPCF 44R Family Protection Coverage will help to ensure peace of mind during travels abroad. 

“OPCF 44R is an essential safeguard for drivers. It ensures that you are not left financially vulnerable due to another driver’s insufficient insurance coverage. This endorsement offers peace of mind by guaranteeing additional protection that standard policies may lack.” – Adam Little, Partner at Oatley Vigmond

One of the primary functions of OPCF 44R Family Protection Coverage is providing protection from uninsured or underinsured drivers on Ontario roadways. When someone is injured in a car accident or a hit-and-run, the insurance company of the at-fault driver responds to the lawsuit on behalf of the driver. Where there is no insurance or minimal insurance, your own insurance company will step in to make up the difference between what the other driver has and what your own policy has. 

Accidents can have devastating repercussions for victims’ finances, from immediate medical bills and long-term rehabilitation expenses to lost income incurred as a result of negligence on another’s part. Where there is no insurance or minimal insurance coverage, an injured party might be left without fair compensation for their injuries. With additional coverage under the OPCF 44R Family Protection Coverage, victims of motor vehicle accidents can enjoy peace of mind that their financial needs will be more adequately covered should these events arise. It is important to ensure your own insurance policy at home, includes OPCF 44R Family Protection Coverage, especially if you are driving often and travelling out of Ontario on a frequent basis. 

Benefits of Having OPCF 44R Family Protection Coverage as a Canadian Travelling to the U.S.

For Canadians travelling to the United States OPCF 44R Family Protection Coverage offers significant benefits in the event of a car accident. Whereas in Ontario, most drivers hold auto-insurance policy limits of at least $1,000,000.00, drivers in the United States frequently hold auto-insurance limits that are much lower.  The OPCF 44R Family Protection Coverage ensures that Canadians can seek compensation for injuries sustained in the United States despite differences in insurance policies and legal systems. With coverage under the OPCF 44R, Canadians have the added security of extended coverage, which can help cover medical expenses, lost wages, and other costs not fully covered by the at-fault driver’s insurance. 

What to do When You Get in an Accident in the United States as a Canadian?

Here are the essential steps to follow:

1. Understand Your Coverage: Before you travel in the United States particularly for a long period of time, familiarize yourself with the specifics of your insurance policy, including cross-border coverage and any additional protections you may have, such as OPCF 44R Family Protection Coverage.
2. Ensure Safety and Seek Medical Attention: Make sure everyone involved is safe and call 911 for any medical emergencies.
3. Contact the Police: Report the accident to the local authorities to get an official accident report.
4. Exchange Information: Collect information from the other driver(s) involved, including names, contact details, insurance information, and vehicle details.
5. Document the Scene: Take photos of the accident scene, vehicle damages, and any injuries sustained.
6. Notify Your Insurance Company: Contact your Canadian insurance provider as soon as possible to report the accident and start the claims process.
7. Follow Up: Stay in touch with your insurance company and cooperate with any investigations to ensure your claim is processed smoothly.
8. Contact an Experienced Personal Injury Lawyer in Ontario: It is important to discuss the details of your accident with a lawyer who understands the intricacies of the OPCF 44R Family Protection Coverage and who has experience in cross-border claims. 

Do Canadians Have to Pay American Hospital Bills?

Yes, Canadians are typically required to pay American hospital bills if they receive medical treatment in the U.S. Unlike in Canada, the United States does not have a universal healthcare system, and medical services are billed directly to patients or their insurance companies. Canadian travel insurance or extended health benefits may cover some or all of these costs, but without adequate insurance, the individual is responsible for the bills. 

This is another reason why having OPCF 44R Family Protection Coverage is vital when travelling abroad. The costs incurred for your medical treatment, can be assessed in a lawsuit. Having OPCF 44R coverage is an important part of ensuring reimbursement. 

A Dependent Relative

OPCF 44R Family Protection Coverage protects you or a “dependent relative” in accidents involving underinsured, uninsured, or unidentified drivers.

A “dependent relative” includes:

1. A person who is principally dependent for financial support upon the named insured or his or her spouse, and who is:
   • under the age of 18 years;
   • 18 years or over and is mentally or physically incapacitated; or
   • 18 years or over and in full time attendance at a school, college or university;
2. A relative of the named insured or of his or her spouse, who is principally dependent on the named insured or his or her spouse for financial support;
3. A relative of the named insured or of his or her spouse, who resides in the same dwelling premises as the named insured; 
4. A relative of the named insured or of his or her spouse, while an occupant of the described automobile, a newly acquired automobile, or a temporary substitute automobile.

Even if a relative is not financially dependent, they may still be covered under the OPCF-44R if they reside with the insured. However, circumstances might still arise where coverage is not granted despite being a dependent relative. It is important to consult with an experienced personal injury lawyer when there is a claim for dependency, as this could become a complicated issue. 

OPCF 44R Family Protection Coverage includes, but is not limited to:

The OPCF 44R coverage should step in where the other driver’s insurance is not able to, to compensate for the remainder of your lawsuit which typically includes claims for loss of income, care needs, and pain and suffering. Out of pocket expenses may be included, including for American hospital bills, cost of travel, and other expenses incurred due to a car accident. 

Mistakes to Avoid When Filing a Cross-Border Car Accident Claim

1. Failing to Report the Accident Immediately: Promptly report the accident to local authorities and your insurance company. Delays can complicate the claims process and may result in a denial of your claim. Always report the accident to the police and obtain a copy of the accident report. Notify your insurance company as soon as possible, providing them with all necessary details.
2. Not Collecting Sufficient Evidence at the Scene: Insufficient evidence can weaken your claim and make it difficult to prove liability and the extent of damages. Take comprehensive photos of the accident scene, vehicle damages, and any visible injuries. Collect contact information from all parties involved, including witnesses. Secure a copy of the police report and document weather and road conditions.
3. Neglecting Medical Attention: Failing to seek immediate medical attention can impact your health and the validity of your injury claims. Get medical help right away, even if you think your injuries are minor. Keep detailed records of your medical visits, treatments, and expenses, as these will be crucial for your claim.
4. Assuming Insurance Coverage is the Same in the United States: Insurance laws and coverage requirements differ between Canada and the United States, which can lead to misunderstandings about what is covered. Review your insurance policy before travelling and ensure you have OPCF 44R Family Protection Coverage. Discuss your coverage with your insurance agent to understand what is included and consider additional coverage if necessary.
5. Not Consulting a Legal Professional: Navigating the legal complexities of a cross-border accident claim without professional guidance can lead to mistakes that may affect your compensation. Consult with a lawyer from Ontario who is experienced in cross-border accident claims. They can provide valuable advice, help you understand your rights, and guide you through the legal process.
6. Not Keeping Detailed Records: Poor record-keeping can lead to missing important details that are crucial for your claim. Maintain detailed records of all expenses, medical treatments, communications with insurance companies, and legal documents. These records will support your claim and help ensure you receive the compensation you deserve.

Real World Example of the Importance of OPCF 44R

Consider a situation where you are driving in the United States and are hit by a driver with $50,000.00 of insurance. This means that despite your own injuries, without OPCF 44R Coverage, there is very little money to draw from in a lawsuit. Where there are serious injuries involved, claims for damages can be well in excess of a million dollars. If you are insured with OPCF 44R coverage, your own insurer should step in to pay the difference between your policy limits and what the other driver has.