A quick trip across the border to Buffalo is ordinary for many Ontario residents. Whether you are going to shop (Trader Joe’s or Target), take in a Buffalo Bills football game, see a concert at KeyBank Center, or just want some Anchor Bar chicken wings, Ontarians are constantly heading down south. But what happens when an Ontario driver is involved in a car accident while driving in Buffalo (or elsewhere in the United States)? Are they able to file an insurance claim back home? Does the driver’s Ontario auto insurance protect them when they’re injured outside the country?
At Bergel Magence Personal Injury Lawyers, we frequently speak with Ontario drivers who have been seriously injured in cross-border car accidents. These individuals are unsure of their rights and next steps and are looking for guidance on what legal options are at their disposal. To provide insight, we will dive into how insurance works for Ontario drivers involved in U.S. car accidents, what kind of claims you can make, and what to do if you’re seriously injured while driving in Buffalo.
Does Your Ontario Auto Insurance Cover You in the U.S.?
The short answer is yes – Ontario auto insurance policies generally provide coverage throughout Canada and the United States. If you’re traveling to Buffalo and get into a car accident, your Ontario insurance policy follows you. This includes accident benefits (to cover medical expenses and lost income), third-party liability coverage (if you are sued for causing injury or damage), and uninsured motorist coverage (if the other driver has little or no insurance).
It is important to note that when an accident occurs outside Ontario, filing a claim and receiving benefits can be more complex. There are also important considerations regarding the severity of your injuries, fault, and who else is involved. These factors are why it is essential if you are seriously injured in a car accident while traveling to the United States, that you speak with an Ontario-based personal injury law firm.
Accident Benefits You Can Access as an Ontario Driver
If doesn’t matter if you’ve been hurt in Buffalo, Miami, Scottsdale, or Honolulu, your first step should be to notify your Ontario insurance company as quickly as possible. Under Ontario’s Statutory Accident Benefits Schedule (SABS) you are entitled to accident benefits, which can help cover medical and rehabilitation expenses, income replacement benefits if the injuries sustained in the accident make you unable to work, non-earner benefits if you don’t qualify for income replacement but can’t live normally, attendant care benefits if you require personal care assistance and death and funeral benefits for surviving family in fatal cases.
These accident benefits apply regardless of fault. So, if you caused the accident or not, your insurer in Ontario must assess and process your claim.
An example would be if you were rear-ended by a Buffalo driver while you were visiting going to a Sabres game, suffered a concussion and a broken arm and you’re unable to return to work right away. Your Ontario insurer should cover income replacement and medical expenses – up to the limits of your policy.
To help guide you through the process of dealing with the insurance claim, and to make sure you get proper compensation, make sure you speak with a reputable Ontario-based personal injury law firm. A personal injury lawyer can work on your legal claim and negotiate with your insurance provider as you solely focus on your rehabilitation.
What If the At-Fault Driver in Buffalo Has Insurance?
If the driver who caused the accident is insured in New York State (or any U.S. state), you can pursue a claim against them for compensation beyond what Ontario accident benefits provide. This can include damages for pain and suffering, future income loss, and future care costs.
However, cross-border lawsuits involve additional complications like different legal standards and time limits (statutes of limitations). This is where having an experienced Ontario-based personal injury lawyer becomes essential as they can work with U.S. counsel to ensure your rights are fully protected.
Important Note:
U.S. drivers, especially in some states, may carry lower liability insurance limits than required in Ontario. If the at-fault Buffalo driver has insufficient insurance to compensate you fully, your Ontario policy’s underinsured motorist coverage (OPCF 44R) can step in to cover the difference—but only up to your liability coverage limits.
For example, if the Buffalo driver has $25,000 in liability coverage (a common minimum in some U.S. states) and your damages exceed that amount, your Ontario underinsured coverage may fill the gap.
Suing the At-Fault Driver: What You Should Know
If you are seriously injured and need to sue the at-fault U.S. driver, it is important to consider the jurisdiction (you will likely need to sue them in New York State court), time limits (the time to start a lawsuit in New York may be shorter than Ontario’s standard two-year limit) and the legal process which includes how damages are assessed.
An Ontario personal injury law firm like Bergel Magence Personal Injury Lawyers can guide you on when and how to start such a lawsuit and can work with trusted U.S. legal partners when necessary.
What To Do After a Car Accident in the U.S.
If you’ve been in a crash anywhere in the United States, here is a list of multiple critical steps to take, which will help protect your rights and maximize opportunities to get proper justice and compensation for your accident.
- Get immediate medical help – If you are seriously injured, get medical help immediately after the accident. Even if injuries seem minor, medical attention will help document them properly.
- Call the police – Always report the accident to local law enforcement and get a copy of the police report.
- Exchange information – Get the other driver’s name, address, driver’s license number, and insurance details.
- Take photos – Document vehicle damage, accident scene, and visible injuries. Take pictures of the driver’s driver’s license. Get statements from any witnesses. The more evidence you gather, the better.
- Contact your Ontario insurer ASAP – Notify them about the accident and any potential injuries.
- Contact an Ontario-based personal injury lawyer – If you have been seriously injured in a car accident, getting proper legal advice and representation early can protect your right to compensation. Speaking with a personal injury lawyer is key and should be done in all serious injuries.
Can You Still File a Claim If You Were a Passenger?
Absolutely. If you were a passenger in a car involved in a Buffalo crash (whether in an Ontario-plated car or U.S.-plated car), you have access to Ontario accident benefits if you are an Ontario resident. Additionally, you may have a right to sue the at-fault driver for pain and suffering, along with other losses.
Should You Hire a Lawyer?
Navigating cross-border claims can be tricky and overwhelming. You may need to deal with Ontario accident benefits adjusters, the U.S. at-fault driver’s insurer, coordinating medical care and assessments both in the U.S. and Ontario and ensuring proper compensation for long-term or catastrophic injuries.
Working with an experienced personal injury law firm like Bergel Magence Personal Injury Lawyers can make all the difference in getting the justice and compensation you deserve.
Traveling to Buffalo for a football game or some weekend shopping may seem routine, but a serious car accident can cause unlimited physical and financial stress to you and your family. The good news is that your Ontario auto insurance generally protects you across the border, but understanding how to access those benefits and additional compensation requires careful navigation.
At Bergel Magence Personal Injury Lawyers, we’ve helped countless clients injured in cross-border accidents, including in Buffalo, and we know how to handle the complexities of these claims. If you or a loved one is a Torontonian who has been hurt while driving in Buffalo, call us at 416-665-2000 for a free consultation. With over 50 years of experience, Bergel Magence will help take the pain out of accident claims, allowing you and your family to focus on rehabilitation while we fight to get you the compensation you deserve.
