Small Claims Court (Collision Claims)
If you choose to pursue a formal appeal option, the courts are ultimately the "last stop" in determining liability.
Small Claims Court is sometimes called "the people's court" because it's more informal than higher courts. You don't need a lawyer to make your case. Here are a few things you need to know about the process:
- You have two years from the collision date to file your claim.
- You can sue for your deductible. Or, you can ask the court just to decide who was at fault, without even suing for an amount.
- There is a $50 charge to file a claim for an amount that is under $5,000 and $75 charge for an amount that is over $5,000. Filing an appeal must be done at 408 York Ave.
- The two Small Claims Court locations in Winnipeg are 373 Broadway Ave. and 614 Des Meurons.
- You sue whomever you believe caused the collision--you're the Plaintiff and the other party is the Defendant.
- You have to accurately identify the party you're suing. That means you have to make sure you have the other party's name and address exactly right. Then, you have to "serve" the other party with a copy of the "Small Claims Form". You must also serve Manitoba Public Insurance with the claim form.
- If you do not have the other party’s name and address, speak to your claim adjuster to fill out the necessary form so that you may obtain this information for Small Claims Court purposes.
- It's up to you to put your case together as logically and clearly as possible.
- We'll accept the court's decision, but either side has the right to appeal the decision within 30 days from the date on the Certificate of Decision. Call 204-945-3138 for more information.