Under Manitoba law, you and another motorist involved in a collision can sue each other for the deductible and liability, if applicable.
Our job is to try and settle the case the way the courts likely would. We do this by carefully watching how the courts determine fault, and using decisions with the relevant legislation (The Highway Traffic Act) to settle your claim. Simply put, we try to assess fault the way the courts would to save you the trouble of pursuing a court case.
In the end though, the courts have the final say. So, if you disagree with how your adjuster has assessed fault, you can still take the other driver to court for a final decision.
The role of your adjuster
We're responsible for determining who is at-fault in a collision. We have a team of professional, qualified staff who carry out this task, with one of the most important being your adjuster.
Your adjuster gathers all the important details of your claim before assessing fault. For example, they get statements from drivers, witnesses and passengers (when needed), and compare vehicle damages to the drivers' descriptions. They will try to assess the case the way a court would likely assess it. Therefore, reports from impartial witnesses (sometimes called independent witnesses) carry the most weight. They may also review police reports and visit the accident scene.
Once all this information is collected, they'll assess fault, taking into consideration the facts of the case, past court decisions, the rules of the road and common sense.
If you’re at fault
Being found at fault affects things not covered by Basic Autopac, like your deductible and substitute transportation expenses.
The percentage of these you'll get back depends on the percentage that the other driver was at fault. That's because these items are claimed against the other driver's third-party liability coverage.
For instance, if the other driver was 100 per cent at fault, you'll get back 100 per cent of your deductible from the other driver's coverage. But if the other driver was only 25 per cent at fault, you'll get back only 25 per cent of your deductible from the other driver's coverage.
If you are at fault, you are not required to personally pay the other party’s deductible. This expense is covered by your third-party liability coverage under Basic Autopac.
Remember though, this only applies when we know who the other motorist is, and we insure both of you. If the at-fault driver lives outside Manitoba and has insurance with another company, we will pursue a claim against the other driver or their insurer. There are no guarantees on whether we will be successful with recovery of these damages.
An at-fault collision will also move you down five levels on the Driver Safety Rating scale. Use our Driver Safety Rating Calculator to see how this affects your premium.
Buying back your claim
If you and the other driver choose to settle with each other outside of Autopac, the collision won't affect your insurance premiums or cause an increase in the cost of your driver's licence.
But even if you and the other motorist did file claims, you can still pay us back for what we paid out on your behalf. Then, we'll remove the collision from your driving record so that it won't affect your insurance premiums or cause an increase in the cost of your driver's licence. We call this "buying back" your claim.
Disagreeing with an at-fault decision
There are informal appeal options in place if you have concerns over our at-fault assessment. First, make sure you have thoroughly discussed your file with your adjuster. Ensure you understand the rationale behind our decision, and that your adjuster understands the facts as you see them. If you still have concerns, ask your adjuster to have a supervisor or manager review your file. Finally, if you are still not satisfied, you can ask a Customer Relations Officer to review your file. They can be reached through our Contact Centre at 204-985-7000 or toll-free at 1-800-665-2410.
You can make a formal appeal by taking the other driver to Small Claims Court. Because the courts have the final say over fault, we'll accept the court's decision.
For further information, please see Appealing a vehicle claim.
Frequently asked questions
A traffic court cleared me of an infraction under The Highway Traffic Act related to this collision. Why did my adjuster still assess me at fault?
A traffic court has a narrow focus and looks at whether or not the driver is guilty, beyond a reasonable doubt, of a specific traffic offence. Your adjuster, on the other hand, takes into account how the collision occurred and looks at the bigger picture to determine who likely caused the collision.
For example, a motorist collides with a parked car and the police charge the driver with careless driving. A traffic court then acquits the driver because there is no clear-cut evidence of careless driving. The traffic court focused only on the traffic charge, not on who caused the collision. However, we would still hold the driver at fault for causing the collision with the parked car. That means the owner of the parked car can then get fair compensation for out-of-pocket expenses, such as their deductible.
To sum it up, MPI has a much broader focus than a traffic court. We look at all the circumstances and consider past decisions to determine who was at fault for the collision
While I was turning left, someone tried to pass me on the left and we collided. My adjuster told me I would likely be 75 per cent responsible. Can that be right?
Yes. The courts often place more fault on the left-turning driver in this type of collision because anyone turning left has to yield to both oncoming and passing traffic. The rules of the road, as stated in The Highway Traffic Act, say that anyone turning from a straight line must do so safely. If the other driver should have known that you were turning left, we may assess that driver some fault for passing at an inappropriate time.
Someone cut me off and I hit a telephone pole. I can’t identify the other driver or vehicle and no one else saw it happen. Do you consider me at fault?
Yes. The Highway Traffic Act states that when you have a single-vehicle accident, you are automatically at fault unless you can prove otherwise. Without independent witnesses or knowing who cut you off, you likely can’t prove you were not at fault.
The road was icy and I rear-ended a stopped vehicle. Do you still consider me at fault, despite the poor road conditions?
Yes. The reality is that most of these collisions can be avoided by recognizing the poor road conditions and driving with extra caution. The Highway Traffic Act states that drivers must expect hazardous conditions and adjust their driving accordingly. This means slowing down to a speed below the posted limit and maintaining a safe following distance, especially in the winter.
I heard that all parking lot accidents are automatically assessed 50-50. Is that correct?
No. We assess responsibility based on the action of each driver immediately prior to the collision. In parking lots, responsibility is based on which driver had the right of way, and who was in the main isle or feeder isle. We use this information in the same manner the courts would.
From time to time we do assess fault at 50-50. It may be because both drivers contributed equally to the collision, or conflicting evidence won’t allow us to say conclusively who was at fault.
