Out of Province Accident? Will you need to hire a local personal injury lawyer?

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Out of Province Accident? Will you need to hire a local personal injury lawyer?

Out of Province Accident? Will you need to hire a local personal injury lawyer?

Our injury lawyers often receive calls from Ontario residents who were travelling and got into an out-of-province outofprovinceaccidentaccident. The question then becomes do I need to hire an Ontario lawyer or a lawyer from the province or country where I was injured? For instance, many people who live in Quebec work in Ontario and drive regularly in Ontario. What happens when they get into an accident in Ottawa but they have Quebec insurance?

The answer is somewhat complicated for an out-of-province accident. The truth is a personal injury lawyer should be able to help you no matter what.  In most cases you can hire a lawyer in the province that you reside in and are insured with; however, in other cases in order to make a claim in the province where you reside and not where the accident took place, you must be able to prove a connection between the jurisdiction and your claim and this claim must also be deemed fair for the defendant. There are many factors that would help determine whether or not a lawyer from let’s say Ontario can represent you and file a claim on your behalf. Depending on the severity of your injuries, the courts may recognize that travelling to another jurisdiction may be very difficult for you and allow the claim to be filed in Ontario. Depending on the nature of the accident; were there many witnesses that may need to be called upon. Do they live in another country?  Will expert reports need to be created in the country or province where the accident took place?  Will the police officers who filed the report need to be called in to testify? How will travelling to another country or province affect them? Are there any rules between the two provinces or countries that differ?

The reality is that the courts take many things into consideration when deciding whether or not Ontario should assume jurisdiction in an out-of-province accident.

It’s also important to note that regardless of where you reside or where the accident occurred, the other party in the accident may still have insurance coverage that covers accidents in Ontario. If you are unsure, it’s always best to consult with an experienced Ontario lawyer and have them walk you through your options.

If it is determined that it’s not best for you to proceed with a claim in Ontario, a lawyer can refer you to a lawyer in the jurisdiction where the accident took place and help ensure you are in good hands.

About the Author

David Hollingsworth has been a personal injury lawyer in Ottawa since 1999. David dedicates himself to helping people who have been injured in an accident, including car accidents, slip and fall accidents, motorcycle accidents, LTD claims, Accident Benefits claims and more. David and his team work closely with their clients and their families and help rebuild lives, following a traumatic accident. To learn more about David Hollingsworth, view his full profile.