Since the escalation of the U.S.-Canada trade war, significant reductions in Canadian travel to the United States have been widely reported.
According to recent data, Canadian travel to the U.S. dropped — again — in March (Global News).
Despite this trend, millions of Canadians still make the trip down south every year. When that trip is by car, a question we frequently receive is:
What happens if I’m in a car accident while visiting the United States?
Ontario vs. U.S. Insurance: A Key Discrepancy
One major difference between Ontario and U.S. auto insurance is the amount of mandatory third-party liability coverage.
- In Ontario, every insured driver must carry at least $200,000 in third-party liability coverage.
- In practice, the vast majority of Ontarians carry $1,000,000 or more in coverage.
- This coverage protects you if you cause an accident and are sued for injuries or damages.
In contrast, many U.S. states have much lower minimum coverage requirements. For example, California only mandates $30,000 USD in liability coverage for injury claims. Other states may have even lower thresholds.
The Risk of Underinsurance in the U.S.
If you’re injured in a collision in the U.S. and the at-fault driver only has minimal coverage, you could be left seriously undercompensated—especially if the other driver has no substantial assets.
This can lead to significant financial and medical hardship, even if the accident wasn’t your fault.
The Solution: OPCF 44R – Family Protection Coverage
The OPCF 44R endorsement—also known as Family Protection Coverage—is an optional but critically important add-on to your Ontario auto insurance policy. If you drive in the U.S., this endorsement is essential.
Here’s how it works in a cross-border accident:
- If the at-fault driver is underinsured (e.g., has only $30,000 in coverage),
- You can claim under your own insurance policy for the shortfall.
- The OPCF 44R provides coverage up to your own third-party liability limits.
Example:
If you carry $1 million in third-party liability coverage, and the U.S. driver has only $30,000 USD in coverage, you may still be able to access the full $1 million for your injuries—through your own insurer.
You Still Need to Sue—and Act Fast
It’s important to understand that:
- This coverage does not automatically entitle you to compensation. You will still need to sue and prove your damages.
- In some cases, you may be able to sue in Ontario, even if the at-fault driver resides in the U.S.
- These claims can be complex and may involve applying U.S. state law in an Ontario court.
Know the Limitation Periods
One key difference: The applicable limitation period is the one set by the U.S. state where the accident occurred—not the standard 2-year period in Ontario. U.S. limitation periods are often shorter, which makes it all the more critical that you contact a lawyer as soon as possible after the accident.
Need Help with a Cross-Border Claim?
Cross-border motor vehicle accidents raise complicated legal and insurance issues. At Nelligan Law, we have the experience to help you navigate these complexities—from identifying the correct jurisdiction to working with insurers and litigating for full compensation.
If you’ve been injured in a U.S. accident, don’t wait. The clock may already be ticking.
