Injured in an Accident in the United States? What Canadians Should Know

Published: June 2, 2023 | Last Reviewed: October 28, 2026

The majority of cross-border personal injury claims involve motor vehicle collisions. It can be challenging enough to navigate a car accident claim within your own country, but for Canadians travelling to the United States, there is the additional step of sorting through a cross-border claim.

If you are a British Columbia resident injured in a car accident in Washington State or elsewhere in the United States, questions about insurance coverage, medical expenses, compensation, and applicable laws can quickly arise.

Understanding what to do after an accident can help protect your health and preserve important information for any potential insurance or legal claim you’re entitled to.

Key Takeaways: U.S. Accidents Involving Canadian Residents

• Seek medical attention promptly, even if your injuries initially appear minor.
• Document the accident and obtain relevant insurance, witness, and police information.
• B.C. residents injured in crashes outside the province may qualify for ICBC Enhanced Accident Benefits.
• The availability of a U.S. personal injury claim depends on the law of the relevant state and other applicable legal rules.
• Cross-border claims may involve different insurers, jurisdictions, deadlines, and compensation systems.

What to Do After a Car Accident in the United States

The first thing you should do after an accident, wherever you are, is to make sure you get the medical attention you need.

If the injury is severe, go to the hospital right away. With mild to moderate injuries, you should still seek consultation with a doctor, as some injuries take time to present their full effect.

Should you seek compensation through a legal claim, having a formal medical record may be essential to your case.

1. Seek Medical Attention and Document Your Injuries

Some injuries, including certain soft-tissue injuries, head injuries, and spinal injuries, may not immediately produce obvious symptoms.

When you seek medical treatment, explain when and where the collision occurred and provide an accurate description of your symptoms.

Keep copies of medical records, prescriptions, invoices, and rehabilitation recommendations. If you later return to Canada for treatment, maintaining a consistent medical history may be important.

2. Collect Information at the Accident Scene

If possible and safe to do so, collect as much information as you can at the scene.

This may include photographs and videos of vehicle damage, road conditions, visible injuries, and surrounding circumstances.

You should also obtain the other driver’s contact and insurance information, details of any witnesses, and information about the investigating police agency.

3. Notify the Appropriate Insurance Providers

After receiving necessary medical attention, notify your insurer in accordance with the policy and reporting requirements.

If you are insured through ICBC as a resident of British Columbia, review the applicable ICBC claims information.

Be careful when providing information or signing settlement documents. Different insurers may assess liability, benefits, and potential compensation under different rules.

Does ICBC Cover British Columbia Residents Injured in the United States?

An important concern for British Columbia residents is whether provincial accident insurance applies when they are injured outside Canada.

According to ICBC’s guidance for crashes outside B.C., B.C. residents injured in crashes elsewhere in Canada or the United States may still be eligible for Enhanced Accident Benefits.

These benefits can provide access to eligible medical care, rehabilitation, and other assistance, subject to applicable requirements.

However, coverage for injuries and coverage for vehicle damage are not the same.

For example, ICBC’s Basic Vehicle Damage coverage generally does not apply to vehicle damage from crashes outside British Columbia. In these cases, other insurance coverage may be relevant.

Can a Canadian Sue After a Car Accident in the United States?

Depending on the circumstances, a Canadian injured in the United States may have a potential legal claim under the law of the U.S. state where the accident occurred.

Washington State and British Columbia have different legal systems governing motor vehicle accidents.

In British Columbia, the Enhanced Care model generally restricts lawsuits for compensation arising from motor vehicle injuries, subject to very limited exceptions.

However, that does not mean every accident involving a B.C. resident is governed exclusively by British Columbia’s compensation restrictions.

A collision in Washington State may raise questions concerning Washington tort law, the appropriate court, applicable insurance policies, and the interaction between Canadian and American legal rules.

The legal options require an individualized assessment by an experienced cross-border injury lawyer.

Should You File Your Injury Claim in Canada or the United States?

The appropriate jurisdiction for you to file in depends on several factors, including where the accident occurred, the parties involved, the governing insurance policies, and the applicable legal rules.

For example, a Vancouver resident injured by another driver in Seattle may have an ICBC benefits claim while also needing to investigate their potential rights under Washington law.

The existence and scope of any separate legal claim should not be assumed.

An experienced cross-border personal injury lawyer can help assess the interaction between the two jurisdictions.

Do You Need to Stay in the United States While Your Claim Is Ongoing?

Not necessarily. Many injured Canadians return home after obtaining necessary medical care in the United States.

However, a cross-border claim may still require medical records, communication with American insurers, legal documents, or participation in proceedings.

Whether any in-person attendance is required depends on the claim and the applicable procedure.

Why Are Cross-Border Car Accident Claims Complicated?

Cross-border accidents add an extra layer of complexity. The claims process may involve navigating different, and sometimes conflicting, laws and insurance processes in both jurisdictions.

One insurer may assess and provide accident benefits while another considers liability for the collision.

Medical treatment may also occur on both sides of the border, creating questions about reimbursement, billing, and the documentation required to support a claim.

Different Legal Deadlines

Personal injury limitation periods differ between jurisdictions.

An injured person should not assume that British Columbia’s general limitation period of two years applies to an accident in the United States.

The relevant filing deadline may depend on the state, the legal claim, the defendant, and other circumstances. Waiting too long to investigate legal options could affect the ability to bring a claim.

Different Insurance Coverage

A U.S. driver’s liability insurance may provide less coverage than a Canadian traveller expects.

Depending on the circumstances, there may be additional questions concerning an underinsured driver and potential British Columbia Underinsured Motorist Protection.

Frequently Asked Questions About U.S. Accidents Involving Canadians

What Happens if a Canadian Gets Into a Car Accident in the United States?

The person should obtain necessary medical care, document the accident, notify relevant insurers, and investigate applicable insurance and legal rights.

Does Canadian Car Insurance Cover Accidents in the USA?

Coverage depends on the policy and the type of loss. B.C. residents may qualify for ICBC Enhanced Accident Benefits for injuries sustained in U.S. crashes, while vehicle damage coverage requires separate consideration.

Can a Canadian Hire a U.S. Lawyer After an Accident?

Yes. Depending on the location and circumstances of the accident, a lawyer licensed in the relevant U.S. jurisdiction may be needed to assess or pursue a claim.

What if the Other Driver Has Insufficient Insurance?

Underinsured motorist coverage or other benefits may be relevant, depending on the circumstances and the applicable policies.

Can I Continue Medical Treatment in Canada After a U.S. Accident?

Often, yes. However, coverage, authorizations, and reimbursement arrangements should be reviewed with the relevant insurer and medical providers.

Speak With a Vancouver Cross-Border Personal Injury Lawyer

Recovering from an accident can be difficult, particularly when the collision occurred outside your home country.

At Border Solutions Law Group, our cross-border personal injury lawyers assist clients with legal matters involving British Columbia and Washington State, including insurance and jurisdictional questions.

If you were injured in an accident in the United States, contact Border Solutions Law Group or call (604) 684-4211 to arrange a consultation.

Disclaimer: This article is for general information and does not constitute legal advice. Applicable laws, insurance coverage, and filing deadlines depend on the specific circumstances.