Out of Province Accident? Will you need to hire a local personal injury lawyer ?
Our Ottawa injury lawyers often receive calls from Ontario residents who were travelling and got into an out of province accident. The question then becomes do I need to hire an Ontario personal injury 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 driver 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 personal injury 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 that 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 where you reside or where the accident occurred, the other party in the accident may still may have insurance coverage that covers accidents in Ontario. If you are unsure , it’s always best to consult with an experience Ontario personal injury 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 personal injury lawyer can refer you to a lawyer in the jurisdiction where the accident took place and help ensure you are in good hands.