Can a Canadian driver initiate a subrogation claim against a US policyholder for an accident occurring in the states?

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Can a Canadian driver initiate a subrogation claim against a US policyholder for an accident occurring in the states?

A Canadian truck driver recently became involved in an auto accident with an insured driver from the US. The Canadian driver’s insurance would like to file a subrogation claim against the driver’s insurance carrier. Can they do so?

Asked on March 17, 2012 under Accident Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country as well as federal law a Canadian insurance carrier is free to bring a subrogation claim against the American insured with respect to an automobile accident. Most likely the lawsuit will be filed in federal court based upon diversity of citizenship and the amount in controversery exceeding a certain threshhold.


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