With respect to triggering the OPCF 44R coverage, the case law establishes that Ontario residents have a direct claim against their own automobile insurer, and are entitled to pursue that claim independently of the claim against the underinsured motorists. See, Somersall v. Friedman, 2002 SCC 59 (CanLII),  3 S.C.R. 109; Johnson v. Wunderlich (1986), 57 O.R. (2d) 600, 1986 CanLII 2618 (ON CA), 1986 CanLII 2618 (C.A.); Forsythe v. Westfall, 2015 ONCA 810.
This is important for Ontario residents injured while visiting the United States, and helps ensure that they will be able to have a full remedy for their losses.
To learn more about your rights to make an insurance claim in Ontario if you were injured while visiting the United States, contact us for a FREE no obligation consultation. Call us 24/7 at 416-900-1070 or complete our online contact form here.