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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Hello, I was wondering if in Manitoba I can sue an uninsured

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Hello, I was wondering if in Manitoba I can sue an uninsured driver who is also at fault (he ran a stop sign, i t-boned him) for damages and costs I've incurred over the accident. It was my work truck (mechanics truck) many tools lost and destoryed along with parts for equipment in the box. Now I am using my personal truck for work (self employed) and it's taking a beating now working in the bush over it all (Logging contractor) because I can't afford another work truck at this time. Autopak (the most evil insurance mafia in north America) only offered me 4500 for my truck and minimal money for my injuries compared to what I could have made at work.

Not looking to get rich over this. Just want what fair for my loses that mpi won't cover.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

In Manitoba you cannot sue for paid and suffering or financial losses.

You can sue for damages to your vehicle.

This is very complicated.

So what I suggest you do, before commencing a lawsuit, is to see a lawyer face to face and run all your facts by the lawyer.

You may also be able to appeal the decision of Autopak.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

204-943-2305 or toll free 1-800-262-8800 (from outside Winnipeg)

Let me know if you need any further clarification.
Customer: replied 10 months ago.
So in Manitoba, aside from what my vehical was worth or damages occurred to it I can't sue for damages to this for example:

I had a transmission for a bulldozer in the box at the time of the accident, the transmission broke free of its hold downs and slid forward slamming into the back of my truck cab. Parts rattle loose inside, I installed it back in the bulldozer only to find it was damaged inside and cost me almost 10,000 dollars to fix after the accident. Not too mention myself and 2 employees installing it, removing it, fixing it, installing it again... All taking about 5 days, paying for wages, meals and lodging working away from home.

I have pretty well gone broke over this accident not being able to work for almost 3 weeks in july our busiest and most profitable season and paying for all the aftermath costs out of pocket... autopaks offer of 4500 dollars is a slap in the face looking at the big picture.
I can understand not being able to sue an insured driver. But this guy had no insurance on his old grain truck and has lots of money. I guess there's no justice for the law abiding citizen in this scenario am I right?
Expert:  Legal Ease replied 10 months ago.
This is exactly why I am saying this is complicated and you need to see a lawyer in person and have the lawyer analyze the facts.

You cannot sue for personal injury, you cannot sue for loss of income if you are hurt, but you can sue for damages to the vehicle and so you can sue for some of this.

A free consultation with a lawyer who practices in this area is a much better next step then just giving up.
Customer: replied 10 months ago.
Ok thank you. I won't be giving up. I forgot to mention I have tried to settle this with the party at fault and they basically told me to get a lawyer because they aren't paying a cent to me Personally.
Expert:  Legal Ease replied 10 months ago.
How disgusting.

Who does this person think he is to drive like that and without insurance and then not care!
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85453
Experience: Lawyer
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