So You Love to Travel…What if You Get Hurt?
In this modern era, traveling to foreign and exotic places is commonplace, especially for Canadians who love to escape to warmer weather during the winter. Many Canadians regularly travel to islands in the Caribbean, to the U.S., Europe, and Mexico.
While at these destinations, you will no doubt travel in some form of a motor vehicle. There are shuttles to and from airports, taxis, rental cars, buses and for the more adventurous, rental scooters.
It is probably safe to say that few give thought to what will happen if there was a crash. What happens if you are hit by another vehicle while driving the scooter and suffer serious injuries? Who will pay for your medical expenses? How will you get home? When you get home, who is going to pay your expenses? What if you cannot work when you get home?
If the motor vehicle accident occurs in North America, your auto insurance will pay for medical and rehabilitation services. You would also be eligible for income replacement benefits. You would have the right to sue the other driver (assuming the crash was not your fault) to recover your losses.
In is noteworthy that your auto insurance only applies to accidents that occur in North America. In addition you will be subject to the law of the place where the crash occurs. You may not have the right to sue, and in any event, you may find that the person that hit you has no insurance.
Even if you are injured in a place where you have a right to sue that is similar to Ontario, and the at- fault driver has insurance, you may find it inadequate. For example, Jamaica is a beautiful country with a legal system very similar to ours. You can sue at-fault drivers and the law is substantially the same as it is in Ontario. In addition, insurance is required in Jamaica. However, there is one important difference – the minimum limits of insurance are $1,000,000 Jamaican dollars, which at current exchange rates is about $14,000 Canadian dollars.
Before you leave North America for that sunny beach in Cuba, take the time to ensure that you have sufficient travel insurance.
About the Authors
Brian Cameron joined Oatley Vigmond in 1999 after obtaining his law degree from Western University. Beginning his journey in an articling position, fresh out of law school, the first case he argued in court was a small claim’s trial for the firm’s then-senior partner, who was suing a dry cleaner who’d lost three of his dress shirts. Brian won that action for $285 plus costs, and has been with the OV team ever since. He became a partner in 2008.