The Hamilton Spectator

legal matters

PERSONAL INJURY

- FRANCESCA ROLLO

Q

I am driving my vehicle to Florida for a vacation with my family. Will we be entitled to receive accident benefits if we are injured in a car accident in the United States?

A

Provided certain conditions are met. Your Ontario automobile policy covers you and other insured persons for incidents occurring in Canada and the United States. The definition of “insured person” under the policy includes the named insured, his or her spouse, and any dependants of the named insured or his or her spouse. The conditions which must be satisfied in order to receive accident benefits for collisions occurring in the United States include, but are not limited to, that at the time of the accident, the person claiming benefits was living and ordinarily present in Ontario, and was not the owner, driver or occupant of an automobile registered in the jurisdicti­on in which the accident occurred. If you satisfy the necessary requiremen­ts to receive accident benefits in such cases, you may have the option of electing to receive the accident benefits available under the Ontario legislatio­n, or alternativ­ely the benefits available to persons who are residents of the jurisdicti­on in which the accident occurred. In either case, your Ontario automobile insurer will be responsibl­e for paying the benefits in accordance with your election. There are often important difference­s between the accident benefits available in Ontario and that of other jurisdicti­ons, so you should always obtain legal advice from an Ontario personal injury lawyer before making such an election. PARTNER - PERSONAL INJURY LAW

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