Buffalo, New York: Canadian Drivers Hit In NY

Jed Dietrich, Esq., Recognized as an American Institute of Trial Lawyers Litigator of the Year, Has Spent Decades Fighting for The Rights of Car Accident Victims. If You or a Loved One Have Been Injured in a New York Car Accident That Was Not Your Fault, the Dietrich Law Firm P.C. Could Help You File a Personal Injury Lawsuit and Secure the Compensation You Need to Reclaim Your Independence.

The hardest part about traveling between the United States and Canada is usually long lines at the border. However, sometimes travel presents other challenges. After an accident, most people have a general idea of what they are supposed to do: call the police, contact your insurance company, and keep a close tab on your health. If you have been seriously hurt, you might even consider taking legal action against the person who caused your injuries.

But what happens when the other driver lives on the other side of the border?

For Canadians, finding the right remedy is not always straightforward. Nobody wants to go to court when going to court means making sense of another country’s legal system. However, filing a personal injury lawsuit does not have to be difficult. In fact, taking your case to court in New York is often the most effective way to obtain compensation after an accident.

For more than 20 years, the Dietrich Law Firm P.C. has fought to protect the rights of automobile accident victims on both sides of the border. A recognized U.S. News & World Report Best Law Firm, we know what it takes to build a compelling, evidence-based case for recovery and we have the results to prove it.

If you think you could have a case, do not delay: call Jed Dietrich, Esq., today at 716-839-3939 to speak to a personal injury lawyer in Buffalo, NY and, schedule your 100% free, no-obligation consultation as soon as possible.

If you have been hurt in a New York car accident that was not your fault, you have a right to take action, even if you do not live or work in the United States. Your options depend on the unique circumstances of your claim, but they could include:

New York is a no-fault state.

Under state law, no-fault insurance benefits typically extend to anyone who has been injured in a motor vehicle accident. This is true even if you are visiting from another state or another country. Most no-fault benefits are paid through Personal Injury Protection, sometimes abbreviated as PIP.

In New York, Personal Injury Protection provides up to $50,000 toward your:

1. Medical expenses;
2. Lost income from work; and
3. Funeral expenses.

Note that no-fault benefits are subject to strict limitations. In general, if you intend to file a claim, you must do it within 30 to 60 days of the date of the accident. If you do not regularly drive in New York and do not have your own no-fault policy, you may have to file a claim with the at-fault motorist’s insurance company.

Quebec residents are sometimes entitled to relief through the Société de l'assurance automobile du Québec (SAAQ). SAAQ benefits are somewhat comparable to no-fault insurance, except they are not limited by geography. In general, if you live in Quebec and are injured in a traffic accident anywhere in the world, you are entitled to file a claim through SAAQ.

SAAQ comes with two important stipulations:

1. If the at-fault driver is another Quebec resident, you must typically file a claim through SAAQ. If you accept compensation, you lose your right to sue, both in the United States and in Canada; and
2. If the at-fault driver is an American company or U.S. citizen, you can typically claim SAAQ benefits and file a personal injury lawsuit without any significant restrictions.

In most cases, accidents that happen on New York’s side of the border involve at least one American-owned vehicle, meaning that SAAQ will actually expand your options for recovery.

A personal injury lawsuit is a civil claim filed against the person or party who caused your accident. In New York, filing a personal injury lawsuit usually involves establishing all of the following elements:

1. The person who caused your accident owed you a duty of care;
2. The at-fault driver breached their duty of care by acting negligently;
3. The other driver’s negligence was the direct cause of your accident; and
4. You sustained serious injuries as a result of the collision.

Meeting these standards can be tough, but suing in an American court could work to your advantage. Unlike Ontario and other Canadian provinces, New York does not cap damages in most car accident claims. This is true for both economic and non-economic damages, barring a scarce few exceptions.

In general, accidents that occur on U.S. soil or that involve a U.S.-registered vehicle are governed by American law and best litigated in the appropriate local court.

Being a foreign national does not limit your right to sue, nor does it place any additional cap on your potential damages. While your damages are unique to your case, they could include financial relief for any one or more of the following:

1. Existing hospital bills;
2. Future medical care;
3. Physical rehabilitation;
4. Mental health counseling;
5. Lost income from work;
6. Diminished earning potential;
7. Emotional pain and suffering;
8. Physical pain and suffering;
9. Disfigurement, including extensive scarring; and
10. Wrongful death.

Since New York does not cap damages in most personal injury claims, you could obtain as much money as you need to reclaim your financial independence, provided that you act fast. While New York does not limit compensation, it does set strict statutes of limitation applicable to all accident claims. The statute of limitations on your case depends on several factors, including whether the defendant is a private citizen or a government entity.

Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients on both sides of the border secure more than $300 million in compensation money they have used to pay down medical debt incurred in the United States, seek superior care at home, and reclaim their financial independence.

We could help you, too.

Our attorneys work on a contingency-fee basis, which means that we would not ask you for payment upfront. Instead, we take an agreed-upon percentage of your settlement or court-ordered award. If we cannot win your case, we do not get paid, and we would not send you a bill asking you to reimburse us for our services. Scheduling a consultation is easy and risk-free, and it would not cost you anything.

Call Jed Dietrich, Esq., today at 716-839-3939 to speak to a car accident lawyer in Buffalo, NY, and schedule your free, no-obligation consultation as soon as possible.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!