What to Do After a Car Accident With a Canadian Driver in New York

Making sense of a car accident is rarely ever easy, but it can be made all the more difficult when the other driver lives in another country.

Here is what you need to know about:

Your Rights After An International Car Accident

Accidents that take place on American soil are subject to local law.

In general, your citizenship does not impact your right to obtain insurance benefits or file a personal injury lawsuit. Depending on the circumstances of your case, you could be entitled to seek relief through any of the following means:

No-fault Insurance

New York is a no-fault state. This means that most drivers are expected to file a claim with their own insurer before taking further legal action. No-fault benefits can help pay for medical expenses, reimburse lost income from work, and cover miscellaneous accident-related costs. Notably, you do not have to live in New York or have your own policy to qualify for compensation. In most cases, you can still file a claim even if you were visiting from Canada or driving a rental car.

Provincial Benefits

Some provinces have similar no-fault programs that help cover the costs of bodily injury. Quebec, for example, extends near-universal coverage through a program called SAAQ. This program pays benefits to residents who have been injured in traffic accidents, even in crashes that take place outside of Canada. Note, however, that SAAQ does not compensate non-economic damages and can, under certain limited circumstances, preclude your right to file a lawsuit.

A Personal Injury Lawsuit

A personal injury lawsuit is a civil claim filed against the person or party who caused your accident. Winning a claim usually involves proving that the defendant was somehow negligent. Furthermore, in New York, you may also need to establish that your injuries meet a specific standard of severity. Filing, fighting, and winning a lawsuit usually takes more time and effort than submitting an insurance claim, but they also tend to offer more substantial financial relief.

Your Potential Compensation In A Personal Injury Lawsuit

Your damages are unique to your case, but they could include relief for:

1. Hospital bills;
2. The costs of future or anticipated care;
3. Physical rehabilitation;
4. Long-term care;
5. Lost income from work;
6. Physical pain and suffering;
7. Emotional pain and suffering;
8. Diminished earning potential;
9. Disfigurement; and
10. Wrongful death.

Unlike Ontario and other Canadian provinces, New York does not cap damages in most personal injury lawsuits. This means that you could recover as much money as you need to reclaim your financial independence.

3 Reasons You Need A Lawyer For A Cross-Border Claim

Cross-border claims work the same way as other personal injury lawsuits, but certain factors can add an additional layer of complexity. These include, but are not limited to, the following:

1. The need to familiarize yourself with a brand-new legal system;
2. The difficulty of negotiating with foreign insurance companies, which are subject to different rules, terms, and coverages; and
3. The possibility that, even if you win a judgment, the foreign defendant may refuse to pay, hoping their country’s laws will shield them from financial liability.

Filing a lawsuit against a non-citizen can be challenging, but you do not have to do it alone. If you think you could have a case, call Jed Dietrich, Esq., today at 1-716-839-3939 to speak to a cross-border car accident lawyer and schedule your 100% free, no-obligation consultation as soon as possible.