Car Accidents in the United States for Canadians
Our firm represents Canadians seriously injured in car accidents anywhere in the United States, regardless of which state the collision occurred in. We also represent families who have lost loved ones in fatal accidents.
Canadians injured in U.S. motor-vehicle collisions may pursue compensation against the driver, company, employer, vehicle owner, or other party responsible for the accident.
These cases can be very different from car accident claims in Canada. U.S. law may provide substantially different damages, insurance coverage, discovery procedures, and litigation options. Identifying every responsible party and available insurance policy can be critical in a serious U.S. car accident case.
Based in British Columbia, our firm handles these claims directly in U.S. federal court. Clients can work with an experienced U.S. litigation lawyer based in Canada, without having to independently hire an American law firm.
If you are concerned about American hospital bills, travel insurance, ICBC, or insurer reimbursement claims, read our U.S. Medical Bills Guide for Western Canadians.
How We Handle U.S. Car Accident Claims
Our firm begins by investigating the collision, preserving evidence, reviewing medical records, and documenting the full extent of the injuries and damages. We evaluate liability and insurance coverage, identify potential sources of recovery, and pursue settlement where appropriate.
When litigation is necessary, we bring cases in U.S. federal court under diversity jurisdiction. The law of the state where the collision occurred generally governs liability and damages, while the litigation proceeds under the Federal Rules of Civil Procedure.
Greg Lauer has more than 20 years of U.S. federal litigation experience and has handled more than 90 jury trials. He personally manages cases through discovery, depositions, motions, expert evidence, mediation, and trial preparation, with the goal of securing full and fair compensation for our clients.
Who Can Bring a Claim?
Generally, the following Canadians may bring a claim arising from a U.S. car accident:
- An injured Canadian resident
- A parent or guardian on behalf of an injured child
- An estate representative when the injured person has died
- Eligible family members in a wrongful-death claim
What Compensation May Be Available?
A serious car accident in the United States can give Canadians rights to compensation that extend well beyond the benefits available through their provincial automobile insurance system. The damages available are generally determined by the law of the U.S. state where the collision occurred.
Compensation for Serious Injuries
In addition to medical expenses and lost income, U.S. personal injury claims may provide compensation for:
- Future medical treatment, rehabilitation, and long-term care
- Loss of future earning capacity
- Permanent disability and the need for personal assistance
- Pain, suffering, and emotional distress
- Loss of enjoyment of life and the ability to participate in normal activities
Unlike B.C.’s ICBC Enhanced Care system, which primarily provides medical, rehabilitation, income-replacement, and prescribed impairment benefits, U.S. personal injury law often permits substantial compensation for pain, suffering, and the lasting impact of serious injuries.
Greg Lauer has obtained several million-dollar verdicts and settlements in U.S. injury cases. Non-economic damages, particularly pain, suffering, and loss of enjoyment of life, have often represented the largest component of those recoveries. This is a significant difference from B.C.’s Enhanced Care system, which generally does not allow injured motorists to recover traditional pain-and-suffering damages through a negligence lawsuit.
For someone with a traumatic brain injury, spinal cord injury, or other permanent disability, these differences can be particularly significant.
Wrongful Death Compensation Can Be Substantially Different
The differences can be even greater when a collision results in death.
Under British Columbia’s Family Compensation Act, wrongful-death damages are generally limited to financial losses, such as lost financial support and household services. The law does not ordinarily provide compensation for a family’s grief or loss of companionship.
Many U.S. states permit much broader wrongful-death damages, including compensation for:
- Loss of financial support and household services
- Loss of love, companionship, care, and guidance
- Emotional suffering and mental anguish, where permitted
- Funeral and burial expenses
- The deceased person’s pain and suffering before death through a survival claim, where permitted
Importantly, some U.S. states allow financially independent adult children to recover substantial damages for the loss of a parent, even though they may not qualify for compensation under Canadian statutory death-benefit programs.
For more information, see our B.C. vs. U.S. Wrongful Death Damages guide.
Canadian Insurance Benefits and U.S. Compensation
Canadians injured in the United States may also qualify for benefits through their provincial automobile insurer, private insurance, or travel insurance.
For example, B.C. residents injured in qualifying U.S. motor-vehicle accidents remain eligible for ICBC Enhanced Accident Benefits. Following a fatal accident, eligible family members may receive statutory death benefits, funeral expenses, and grief-counselling benefits.
These benefits are different from a U.S. wrongful-death claim. A family may be entitled to ICBC death benefits while also pursuing compensation against the responsible American driver. A U.S. settlement does not automatically eliminate the family’s entitlement to ICBC’s statutory death benefits.
Residents of Alberta, Saskatchewan, Manitoba, and other provinces have different insurance and accident-benefit systems. Understanding how Canadian benefits interact with the U.S. claim is an important part of evaluating the total compensation available.
For a detailed explanation, see our ICBC Death Benefits After a U.S. Wrongful Death guide.
Insurance Coverage and Why It Matters
Serious U.S. car accident cases may involve far more insurance than the policy covering the individual driver. Depending on the facts, available coverage can include:
- the at-fault driver’s auto liability policy;
- employer or commercial liability policies;
- trucking and commercial vehicle coverage;
- umbrella and excess insurance;
- uninsured and underinsured motorist coverage; and
- rideshare coverage where applicable.
Identifying every potentially responsible party and every available insurance policy is one of the most important parts of our investigation.
In one California case, the driver who struck our B.C. client was not driving a company vehicle. Our investigation nevertheless established a connection between the driver and his employment and identified an employer insurance policy that provided an additional $1 million in coverage.
Read how we handled that U.S. injury claim, including the investigation, medical evidence, policy-limit demand, settlement, and negotiation of the client’s U.S. medical bills.
Can You Recover Compensation if You’re Partly at Fault?
Even if you were partially responsible for an accident in the United States, you may still be entitled to substantial compensation.
Many U.S. states follow comparative fault rules, which allow an injured person to recover damages even when they share responsibility for the collision. Their compensation is reduced by their percentage of fault rather than eliminated automatically.
For example, if a Canadian injured in a U.S. car accident has $1 million in damages but is found 40% responsible for the collision, they could still recover $600,000 in a state that permits recovery at that level of fault.
An insurance company’s allegation that you contributed to the accident does not necessarily mean you have no claim. Fault can be disputed, and evidence may establish that another driver or company bears most of the responsibility.
Comparative fault rules differ among states, and some states restrict or bar recovery when an injured person’s share of fault exceeds certain limits.
Time Limits for U.S. Car Accident Claims
Every state has deadlines for filing personal-injury and wrongful-death lawsuits. Many states use limitation periods of two or three years, but shorter deadlines and special notice requirements can apply in particular cases.
Filing a cross-border case in federal court does not extend the applicable state-law deadline. Missing the limitation period can result in losing the right to bring the claim.
We Represent Canadians Injured in Any U.S. State
Our firm represents Canadians seriously injured in car accidents anywhere in the United States, regardless of which state the collision occurred in. You do not need to find and hire a separate American personal injury lawyer to pursue your claim.
Federal diversity jurisdiction allows cases involving Canadian plaintiffs and U.S. defendants to be brought in U.S. federal court. When litigation is necessary, we file in the appropriate U.S. District Court in the state where the accident occurred, applying that state’s law to the underlying injury or wrongful-death claim.
With more than 20 years of U.S. federal litigation experience and over 90 jury trials, Greg Lauer personally handles these cases from British Columbia. Our firm investigates the accident, deals directly with American insurance companies and defendants, negotiates settlements, and litigates in U.S. federal court when necessary.
Our clients benefit from working directly with an experienced U.S. trial lawyer based here in Canada, regardless of where their accident occurred.
Free, Confidential Consultation
If you or a loved one was seriously injured or killed in a car accident anywhere in the United States, call Greg Lauer directly at 604-318-6725 to discuss your case.
Speak directly with an experienced U.S. trial lawyer based in Canada. Your consultation is free and confidential.
Our firm handles cases on a contingency-fee basis. Learn more about how our fees work.
Written by Greg Lauer, Barrister & Solicitor