The intersection between Ontario and Quebec Auto Accident Law

Quebec drivers enjoy a special civil liability status when it comes to driving motor vehicles. With the no-fault legal responsibility for bodily injury and the Direct Compensatin Agreement covering property damage, Quebecers have an added financial protection - something those living outside of Quebec do not receive. As such, it is important to keep this in mind while travelling abroad.

Put simply, a Quebec driver traveling beyond the boundaries of their province can be met with numerous legal difficulties. Similarly, an accident involving an out-of-province motorist in Quebec also presents issues that need to be addressed. Thus, this article will endeavor to provide clarity on these two scenarios and enlighten readers about navigating them correctly.

Quebec's Legal Landscape: An Overview

Recently, the Supreme Court of Quebec urged that the Automobile Insurance Act (AIA) be taken into consideration with its broadest context. This includes an incident in which a tree fell on and killed a driver of a motor vehicle as per AIA standards: for this particular case, indemnification is applicable under the scheme set forth by AIA.

Regardless of who is responsible for the accident, any individual injured by a motor vehicle in Quebec will be compensated monetarily through the Société de l'assurance automobile du Québec (SAAQ). This reimbursement may include income replacement indemnities, expenses and rehabilitation costs Coverage, non-pecuniary damage indemnities compensation for emotional distress related to medical care during recovery or death benefits. Additionally this payout stands as an alternative over other legal remedies available to victims.

Nonetheless, the Act does not grant immunity to either a Quebec driver or vehicle owner in cases where they travel outside of their province. In actuality, it is mandatory for any such individuals to acquire an automotive liability insurance policy that covers them both within and beyond Canada's borders as well as into the United States—covering property damage and bodily injury alike. The mandatory insurance coverage is limited to a mere $50,000; however, this figure does not reflect the potential risk of litigation in other areas. As such, the automotive policy issued in Quebec follows an established template that is mandated by law.

In Quebec, when property damage is caused by a motor vehicle, civil liability laws must be followed. This means that the driver and owner of the car are equally responsible for any damages incurred. Even though some presumptions exist to make it easier for victims to claim compensation, strict rules still apply.

It is essential to discuss the Direct Compensation Agreement (hereinafter referred to as the “Agreement”) that Quebec insurance companies have in place, a measure designed to reduce any disputes arising from motor vehicle accidents. In cases of collisions between two vehicles, this agreement states that an individual's own insurer14 will reimburse them for damages according to a pre-determined Fault Chart15 without having to go through litigation.

Quebec residents who are in an accident outside the province should take particular steps to ensure they receive appropriate assistance.

As the number of Quebec drivers venturing out of their province rises, whether for a family holiday to New Brunswick's sun-drenched beaches, a few months in Florida soaking up the rays or just an excursion to Ontario, few people realize that they are subjecting themselves to alternate legal systems.

For Quebec residents who have been in an accident:

The legislators of Quebec have graciously extended extraterritoriality to the AIA. As a result, any individual who is from Quebec and experiences an accident away from home can file for compensation with the SAAQ as if it had occurred in their native province.

The victim has the right to take legal action against the individual responsible for their accident, as per the laws of where it happened. Nevertheless, if they have already been compensated by SAAQ (Quebec Automobile Insurance Corporation), this recourse shall only be applicable in excess of that payment amount. Additionally, should the person liable not be a resident of Quebec, then and only then can subrogatory rights come into play up to pre-determined compensation amounts paid out by SAAQ.

Generally, the legal responsibility for an incident is decided by the law of where it happened. However, there may be conflicting claims about which jurisdiction should hear a case such as one based on location of accident or place of residence for those liable. These matters must adhere to any international rules related to civil legislation.

The Quebec resident liable for the accident:

If a Quebec resident is the cause of an accident outside their province, they become subject to the rules of law at that location. The victim then has every right to pursue legal action against them according to international standards of private law.

It is critical to understand that a Quebec resident driving in another state, may still be responsible for any injuries they cause, even though the province of Quebec has no-fault liability insurance. Therefore, should a pedestrian from Quebec be injured by a driver from the same area while in Florida; legal action can potentially be taken against them within this jurisdiction.

His civil liability insurance policy will safeguard him, whether it's the minimum coverage of $50,000 or the limit he chooses. However, a few provinces and states mandate enhanced mandatory coverage levels; henceforth his Quebec-issued plan should cover those legally required amounts wherever this accident happens.

An out-of-province driver involved in an accident in Quebec:

Our streets are becoming increasingly populated by cars and trucks with out-of-province or American license plates, such as the many transport vehicles that cross our borders. This raises some serious legal questions if an accident were to occur involving a “foreign” vehicle in Quebec - what are the implications of this?

The victim who drove a Quebec-registered motor vehicle while residing outside the province:

Under the AIA, all drivers and passengers of vehicles registered in Quebec are treated as residents regardless of whether they be tourists or locals. In such cases, victims must seek compensation from SAAQ rather than pursue legal action against those responsible for the accident, should that party also reside within Quebec. Any indemnities received by said victim will serve to replace any other form of recourse available to them.

If a vehicle registered outside of Quebec is involved in the accident, this must be reported.

If you are not a resident of Quebec and were in a vehicle registered outside the province, section 9 of the AIA states that under an agreement with your place of residency, you can be compensated by the SAAQ as long as it is determined that you weren't at fault for causing the accident. The usual rules from sections 108 to 114 in Quebec's Automobile Insurance Act must also apply when determining liability.

Furthermore, when an accident occurs in Quebec and the at-fault driver is not a resident of Quebec, the SAAQ will compensate victims. In such cases, SAAQ has full rights to subrogation against that person if they are held responsible for said accident.

Conclusion

This article explores motor vehicle liability in Quebec and how it affects people living in Ontario. It discusses the implications of a Quebec resident driving outside their province, an out-of-province driver involved in an accident in Quebec, and a victim who drove a Quebec-registered motor vehicle while residing outside the province. The article also explains that if an accident occurs with someone not from Quebec, then SAAQ has full rights to subrogatory against them. Lastly, it provides information on compensation amounts paid out by SAAQ should the person liable not be a resident of Quebec. In conclusion, this article is designed to provide readers with important information regarding injury law and car accidents so they can make informed decisions about their legal rights and responsibilities.