You are driving to work in Flin Flon and you are hit by a third party who does not notice you while making a lane change. You have a basic Autopac policy. Prior to the accident Donny was working full time as a long distance truck driver.
a) As a result of the accident your vehicle suffers an estimated $15,000 in damage. The third party driver does not have insurance. Can you pursue legal action against the third party driver? Explain your answer.
b) It is uncovered that the third party driver involved in the accident had stolen the vehicle she was driving. Authorities arrive on the scene and arrest her, and she is also deemed 100% at fault for the accident. Does this incident qualify for Uninsured Motorist coverage under your basic Autopac policy? Explain why or why not?
c) Would Uninsured Motorist coverage apply the third party driver had stolen the vehicle she was driving from her roommate? Explain your answer.
a) Uninsured Motorist Coverage in Manitoba
- No, you could not sue the 3rd party for the damages to your vehicle.
- In Manitoba, the situation with respect to Uninsured Motorist coverage is somewhat different from most other provinces.
- Here, physical damage coverage to one’s own automobile is a mandatory coverage.
- Furthermore, all residents are protected under the Personal Injury Protection Plan (PIPP)
o And no legal suits are permitted.
- Consequently, no matter how an automobile-related claim originates,
o Basic coverages are ultimately paid by MPI
- In effect, it carries out the functions of both an unsatisfied judgment fund
o And the Uninsured Motorist coverage found in the policies of other jurisdictions
b) Uninsured Motorists
- Yes, Uninsured Motorist coverage does apply.
- Uninsured Motorist coverage applies when an at-fault driver (fully
o Or partially) of an uninsured motor vehicle causes damage to property in an accident in Manitoba.
- The innocent 3rd party who suffers the property damage may make a claim against the Corporation for any uninsured portion of the loss.
- An uninsured motorist includes a vehicle that is required to be registered
o But is not registered.
- This can include stolen vehicles where the identity of the thief is known.
c) Uninsured Motorists
- No, Uninsured Motorist coverage does not apply.
- An uninsured motorist does not include a vehicle taken without consent by a member of the household.
- The Highway Traffic Act specifies that in such use, the driver is deemed to be an agent of the owner.