Fault Determination Hearings

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When drivers disagree about who caused a motor vehicle accident, Manitoba Small Claims Court has the jurisdiction to hold a Fault Determination hearing and decide the question of liability. This matters even though MPI provides no-fault benefits for injuries, because fault still affects deductibles, vehicle damage claims, and future insurance rates through MPI.

• Filing. A Fault Determination matter is started the same way as any Small Claims matter — by filing with the Court.
• Evidence. Preparing the evidence of how the accident happened, including any police report, photos, and witness accounts.
• The hearing. Presenting the case for who was at fault before the Court, most often over Microsoft Teams.

Being found 100% at fault carries real consequences — most people don't realize it can mean demerit points added to their driving record, in addition to affecting deductibles and future MPI insurance rates. Contesting the finding at the hearing can matter for exactly this reason.