Accidents and Injuries on Holidays

September 05, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Accidents and Injuries happen all the time - even when we are on holiday. Often the holiday injuries are the worst to deal with because even when they aren't life altering they are inconvenient. When there are serious injuries involved they can be terrible to deal with. I have seen many cases of people being hurt when they are travelling. Some cases are due to negligence, and some due to bad luck.

When we are injured at home, we are familiar with our medical system, our coverages for healthcare and drugs, and of course we know how to get help. There are no language barriers, safety barriers, access questions, or demands to pay up front for care. We know we can get back to the safety of a reputable hospital or home to convalesce. When we are in a foreign country everything becomes incredible difficult to navigate. Even communicating with medical professionals about what the problem is can be a serious challenge.

Why do you need insurance? Because your Canadian insurance is usually not valid outside Canada.

Whenever you travel outside of Canada (even on a day trip to the US) you should make sure you have health coverage, and car insurance that will cover your needs. You should purchase the best coverage that you can afford. The time to read and understand how the policies work is before you travel, not after the accident happens. Your Ontario car insurance or your OHIP do not provide the kind of coverage you will need in an emergency in a foreign country. Also, remember that laws are different and you will be held account to the laws of the nation you are in in the event of a car accident. In some nations in the event of a car accident you will be refused the right to leave until a case is fully settled. In the case of health care, you may refused coverage or be required to prove you can pay for the cost of care up front before care is provided.

You should make sure that your insurance coverage provides emergency return to Canada coverage. For example, if you are injured on a cruise in the Caribbean the cruise company may put you off the ship to seek care for yourself. A woman I heard of had broken her arm badly on a cruise ship. The medical staff were not able to set the break and opted instead to put her off the ship and sail away. She was left, with her friend and their luggage to find a taxi, a local hospital with expertise, and then to find their own way home to Canada.

Better insurance policies proved translation services for you if you require them in the hospital. They may also have recommended places to seek care.

Beware of where you travel.

Many policies will refuse care if the accident is incurred in a war zone or an as a result of an act of terrorism. Check where you are travelling to. If there is a Travel Advice or Advisory issued by the Government of Canada, you may be refused coverage by your insurance company. Many policies also have blanket non-coverage for certain geographic areas

Pre-Existing Health Conditions:

The Government of Canada has great advice on their website https://travel.gc.ca/travelling/documents/travel-insurance

Be sure to ask whether the plan covers pre-existing medical conditions. Ask the company to explain the definition, limitations and restrictions of any pre-existing conditions and tests and treatments you may have undergone.

• Make sure you get a written agreement that your pre-existing medical condition is covered, or you could find your claim “null and void” under a pre-existing condition clause.
• Be aware that the agreement must also include a stability clause stating that for you to be covered for any pre-existing medical conditions you must have no changes to or new medical conditions, symptoms or medications during the stability period prior to your trip.
• The agreement should include a compassion clause stating that an inaccurate statement may not invalidate the entire policy, and a change of health clause.

And ensure that the plan provides for medical evacuation to Canada or the nearest location with appropriate medical care and pays for a medical escort (health care provider) to accompany you to and from your destination.

Ensure that deductible costs are clearly explained in the plan. Plans with 100-percent coverage are more expensive but may save money in the long run. The plan could cover health care provider visits and prescription medicines, or emergency dental care or emergency transportation, such as ambulance services. Check whether it excludes or significantly limits coverage for certain regions or countries you may visit.

Finally, ensure that the plan covers the preparation and return of your remains to Canada if you die abroad.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.