If you are injured in the USA as a Canadian, three problems arrive at once: a US hospital bill your provincial health card will not cover, an insurer at home that needs notice within days, and a choice of court that decides how much the claim is worth. This page walks through each one for residents of New Brunswick, Nova Scotia, PEI and Newfoundland and Labrador.
After Being Injured in the USA, Call 911, Document the Scene and Get Treated
The first hour sets up the whole claim. Call 911. US police reports are the base document of any injury claim there, so stay at the scene until the police have taken everyone’s statement and given you a case number.
While you wait, photograph every vehicle, the road conditions and any visible injuries. Get the names and contact details of witnesses. A US witness is hard for a Canadian firm to find months later. Say nothing about fault to the other driver or the police; in a foreign court it will be quoted back.
Get medical attention at once, even if the injury seems small. Adrenaline hides soft tissue injuries, concussions and internal bleeding. US hospitals generate records immediately, and those records prove the extent of the injury. Tell the facility you are Canadian and give them your provincial health card and any travel insurance details.
Provincial Health Plans Pay a Small Fraction of US Hospital Bills
The cost is the first shock. At home the hospital bill is invisible. In the United States one night in a trauma centre can cost tens of thousands of dollars. Many Atlantic Canadians assume Medicare in New Brunswick or MSI in Nova Scotia will cover it. It will not.
Provincial plans pay out-of-country care at the rate they would pay a local hospital. That can be as low as $75 to $100 per day, against US rates that often exceed $10,000 per day. The gap is the patient’s.
If you have travel insurance, notify the insurer within 24 to 48 hours or risk a denial. Most travel policies pay second, after the provincial plan and your auto insurance. Coordinating those payers is legal work. Each insurer waits for the others to pay first, and the hospital sends the account to collections in the meantime. Doing it early keeps US collection agencies away while the claim proceeds.
Section B Benefits From Your Canadian Auto Policy Apply in the United States
For most Atlantic Canadians the first money after a motor vehicle collision is Section B. These are no-fault benefits in every standard auto policy in New Brunswick, Nova Scotia and Prince Edward Island. In Newfoundland and Labrador they may be optional, so check the policy. If you were in your own vehicle, or a passenger in a Canadian-insured one, Section B applies in the United States.
Section B usually pays up to $50,000 for medical and rehabilitation costs, including physiotherapy, chiropractic care and nursing. If you cannot work it pays a weekly indemnity, in New Brunswick typically 80% of gross weekly income to a maximum of $250 per week. Small against US bills, but it arrives early.
The deadlines are tight: a Notice of Claim often within 30 days and a Proof of Claim within 90. US providers are slow to release records, and the Canadian insurer will ask for them. The firm manages those filings for clients in Moncton, Halifax and across the region so benefits are not cut off. See the car accident lawyer page for how those files are run.
The Lawsuit Can Be Filed in the US State or, with a Substantial Connection, at Home
The “forum” question is whether to sue in the US state or at home. The default is the place of the accident or the defendant’s residence. A Canadian court can take jurisdiction where there is a “real and substantial connection” to the home province.
US juries often award more for pain and suffering than Canadian courts. US litigation is also more expensive and slower. And the limitation period is shorter: many states allow one or two years to file, against the two years under the New Brunswick Limitation of Actions Act. Miss the state deadline and the claim is gone.
The firm looks at the US defendant’s insurance limits before choosing. Whether the collision involved a motorcycle, a pedestrian or a commercial truck, many US drivers carry far less than the $1 million or $2 million common in Atlantic Canada. Where the driver is underinsured, the claim may run under the uninsured/underinsured motorist coverage in your own Canadian policy, in an Atlantic court.
Falls, Fatal Accidents and Recreational Vehicles Each Raise Different Insurance Questions
A car collision is one kind of claim. A slip and fall in a Florida hotel or a dog bite in a Maine park is another, with different insurance and a different standard of proof. US premises claims usually require proof that the owner had “actual or constructive notice” of the hazard, which is hard to establish from a distance.
Fatal accidents abroad give the family claims under both US state law and the home province’s fatal injuries statute. An injury that becomes a long-term disability means a long-term disability claim through the Canadian employer’s plan running alongside the US tort claim. The firm runs both so neither undercuts the other.
Atlantic Canadians travel with ATVs, snowmobiles and boats, and US insurance requirements for them differ from those in Newfoundland or Prince Edward Island. Buying an out-of-province rider on the policy before the trip covers that gap. After the fact, the firm reads the policy wording for every route to coverage.
Each Atlantic Province Sets Its Own Section B Rules and Limitation Period
The accident is in the US, but your rights are set by your home province. The firm has offices in Moncton, Halifax, St. John’s and Charlottetown, and each province’s statutes set how insurers must behave and how long you have.
In New Brunswick, the Insurance Act and the Motor Vehicle Act frame Section B. A New Brunswick resident’s claim runs under the New Brunswick Standard Automobile Policy, whose “territorial limits” typically cover all of the United States and Canada. Michael B. Murphy, KC, with more than 40 years of practice and over 100 reported decisions, leads the Moncton team that holds insurers to that wording.
In Nova Scotia, the Limitation of Actions Act gives two years for most injury claims, but a US state’s shorter period governs if the case is heard there. Halifax residents look to the Nova Scotia Courts on how domestic benefits interact with a foreign settlement. The firm makes sure a US settlement does not prejudice continuing Nova Scotia benefits.
PEI residents have a $50,000 Section B limit. Newfoundland residents need to confirm they bought optional Section B. For a St. John’s resident, the interaction between the Medical Care Plan (MCP) and US providers is the first issue, and the Newfoundland and Labrador Courts have precedents on out-of-province insurance disputes the firm follows.
The Firm Funds Cross-Border Claims on a Contingency Fee
US attorneys often charge high hourly rates or large retainers. The firm takes every personal injury claim on a contingency fee: no win, no fee. If nothing is recovered, no legal fee is owed.
That matters more in a cross-border case because gathering evidence from another country costs money. The firm funds the investigators, the US medical records and the cross-border legal advice. Someone already holding US hospital bills should not also be paying a lawyer upfront.
Offices in Moncton, Saint John, Halifax, Charlottetown and St. John’s mean a local lawyer on an international problem.
Mike Murphy Law Group Runs US Injury Claims From Five Atlantic Offices
Michael B. Murphy, KC, is a former Attorney General and Minister of Justice of New Brunswick, and the intersection of public health plans and private insurance litigation is ground he knows.
The practice covers bicycle tours, boating trips and defective products as well as car collisions. The firm knows the Section B rules of each province and how to resist a termination of benefits, and it is known in New Brunswick Legislative and judicial circles.
A US injury often becomes a long-term condition. The claim covers future loss of earning capacity and future care, not just the current bills. Five offices across the region mean a face-to-face meeting is always close.
FAQ
What Should I Do If a US Insurance Adjuster Calls Me After an Accident?
Do not give a recorded statement without speaking to a lawyer. The adjuster’s aim is an admission of fault or a downplayed injury. Decline politely until you have counsel. The firm handles US and Canadian insurer contact for clients.
Can I Still Get My Section B Benefits If the US Driver Was at Fault?
Yes. Section B is no-fault, paid by your own Atlantic Canadian insurer regardless of who caused the collision. It covers immediate needs while the separate tort claim against the at-fault driver proceeds.
How Long Do I Have to File a Claim If I Am Injured in the USA as a Canadian?
It depends where the accident happened and which court has jurisdiction. Atlantic provinces such as PEI generally allow two years under their limitation statutes; some US states allow one. The state’s rules have to be checked immediately.
Will My Provincial Health Card Cover My US Surgery?
Generally no. MSI, Medicare and the other provincial plans pay a small fraction of US costs. The hospital bills you the full US price. Travel insurance, Section B medical benefits and the injury settlement are what cover it. Keep every receipt and bill.
Do I Need a US Lawyer or a Canadian Lawyer for My Claim?
Usually a Canadian firm leads. The firm coordinates with US counsel where a suit must be filed in a specific state, and manages the home-front issues: Section B, Canadian disability claims and local medical assessments, so the whole strategy is one piece.