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  1. #1
    Join Date
    Apr 2012
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    1

    Default U.S. Resident Sued in Canada for an Accident While Traveling in Canada

    My question involves an injury that occurred in the country of: Canada

    My wife and I currently reside in US as H-1B workers. We were visiting Canada in 2011 where we got into an accident. We were in the left lane on the highway, when a van from the right lane suddenly swerved in front of us a couple of meter or so away and braked hard. Even though we braked, the car couldn’t stop in time and ended up hitting the van. The front-right corner of our car hit the rear-left corner of the van. The person driving the car was a 16 year old, who had minor injuries and his father, who was a passenger, had some serious injuries. The police did not fault either me or the other driver. Now, the father and the province where the accident happened have filed a lawsuit against my husband in the Canadian court for the medical expenses, lost wages, stress etc.. The defendants are my husband who was the driver, the son, and the rental car agency. We have our permanent residency in Canada, but are currently residing in the US and are non-US citizens.

    Questions
    - Can we sue the father and the son in America?
    - As we are permanent residents of Canada, can a province sue us for the cost of medical expenses on another party who was involved in the accident and was also a resident of the province?
    - Why would the father want to sue his son? Are there any technical reasons for doing so?
    - Can the son sue us when he turns to be of legal age?
    - Is it advisable to hire an attorney to fight or should I leave it up to the insurance company’s attorneys?

  2. #2
    Join Date
    Sep 2005
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    Default Re: U.S. Resident Sued in Canada for an Accident While Traveling in Canada

    Quote Quoting vikx02
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    Can we sue the father and the son in America?
    The short answer is "no", but... for what? The accident occurred in Canada.
    Quote Quoting vikx02
    As we are permanent residents of Canada, can a province sue us for the cost of medical expenses on another party who was involved in the accident and was also a resident of the province?
    For answers to Canadian legal questions, try a Canadian legal resource. You can also see what your insurance adjuster has to say.
    Quote Quoting vikx02
    Why would the father want to sue his son? Are there any technical reasons for doing so?
    Want to? Want's not so much the issue. Most likely the reasoning is this: The accident wasn't the passenger's fault, the drivers are going to blame each other, so the passenger sues them both and lets them argue between themselves as to who is at fault.
    Quote Quoting vikx02
    Can the son sue us when he turns to be of legal age?
    He can sue you now, with appropriate adult assistance.
    Quote Quoting vikx02
    Is it advisable to hire an attorney to fight or should I leave it up to the insurance company’s attorneys?
    Is there a reason you don't believe your insurance company's representation will be adequate? The purpose of having insurance, after all, is so that you have coverage (and legal representation) for this type of situation.

  3. #3
    Join Date
    May 2012
    Posts
    126

    Default Re: U.S. Resident Sued in Canada for an Accident While Traveling in Canada

    Insurance company attorneys represent the Insurance company NOT YOU.....the description of the accident sounds to me like your vehicle is at fault for a number of reasons you say the police did not fault you does that mean that they didn't give you a ticket ? But what did they put on the report as the cause of the accident ? (Either following too close or speed too fast) on the part of vehicle 2 (you)

    Insurance company attorneys will throw you under the bus if it benefits their client (the Ins Co) depending on the potential $$$ numbers I would consider hiring a local attorney in the area the accident occurred to represent you - if you are persons of limited resources with little to lose then just roll with it but if you own a home or have 300K in the bank then hire an attorney to protect your interests.

  4. #4
    Join Date
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    Default Re: U.S. Resident Sued in Canada for an Accident While Traveling in Canada

    Quote Quoting pat2899
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    Insurance company attorneys represent the Insurance company NOT YOU.....
    You have an inclination to post nonsense on subjects you know nothing about, and this is no exception. When an insurance company retains a lawyer to represent the defendant in an accident case, the lawyer represents the insured. The trick is that they only represent the insured up to the policy limits, so that if the damages claim may exceed the limits it becomes necessary to warn the insured of the possibility and of the associated possible need to seek independent counsel in relation to that excess liability claim.

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