Manitoba Hit and Run Laws: Penalties and What to Do

Federal Criminal Code vs. Manitoba HTA
In Manitoba, prosecutors can charge you under provincial or federal law:
- Highway Traffic Act (HTA): A regulatory offense. No criminal record, but results in fines, demerit points, and license suspension.
- Criminal Code (Federal): A criminal offense. Results in a permanent criminal record, driving prohibition, and potential jail time. Used for serious injury cases or egregious fleeing.
Manitoba Highway Traffic Act (Section 155) Requirements
Section 155(1) mandates that the driver of a vehicle involved in an accident on a highway must:
- Stop the vehicle at the scene of the accident.
- Give their name, address, and the validity of their driver's license and registration to the other driver or anyone injured.
- Render all reasonable assistance to any injured person.
If you cannot stop safely immediately, you must return to the scene as soon as possible.

What to Do After an Accident in Manitoba
- Stop: Never leave the scene. If you do, you risk criminal charges.
- Check for Safety: Assess injuries. Call 911 if needed.
- Exchange Particulars: Share your name, address, and license number. In Manitoba, you don't exchange "insurance info" in the traditional sense since everyone uses MPI, but you must provide your license details.
- Witnesses: Gather contact info.
- Photos: Document the damage.
- Call MPI: Call the MPI Contact Centre to open a claim.
Hitting an Unattended Vehicle or Property
Section 155(4) applies when you hit an unattended vehicle or other property:
- You must take reasonable steps to locate and notify the owner.
- If you cannot find them, you must leave a written notice in a conspicuous place.
- The notice must include your name, address, and driver's license number.
- You must also report the accident to the police if damage exceeds the threshold.

Reporting Requirements (MPI vs. Police)
To Police: You must report to the police (within 7 days) if:
-
There is a fatality or hospitalization.
-
Another driver is uninsured or unlicenced.
-
You suspect alcohol/drugs.
-
It was a hit and run (you are the victim).
-
Combined damage exceeds $2,000 (verify current MPI threshold).
-
To MPI: You must report all accidents to MPI to receive coverage. Failure to report can lead to denial of coverage.

Penalties and Demerit Points
| Offense | Fine | Demerits | License Action |
|---|---|---|---|
| Failure to Remain (HTA) | Fines vary (Judge discretion) | 10 Points (check DSR) | Possible Suspension |
| Criminal Code (Summary) | Up to $5,000 | Criminal Record | 1 Year Prohibition |
| Criminal Code (Indictable) | Unlimited | Criminal Record | Up to 10 Years Jail |
MPI PIPP & Insurance Implications
Manitoba uses a pure no-fault system called the Personal Injury Protection Plan (PIPP).
- No Lawsuits: You cannot sue the at-fault driver for injuries in Manitoba. MPI pays set benefits for medical care, income replacement, etc.
- Breach of Coverage: If you flee the scene, you breach your insurance policy.
- Recovery: MPI will pay the victim's property damage claim but will seek full repayment from you. You lose your insurance coverage for your own vehicle damage.

How is Fault Determined in Manitoba?
MPI determines fault. In a hit and run where you flee, your credibility is damaged.
- If you are 50% or more at fault, your Driver Safety Rating (DSR) drops.
- A lower DSR means significantly higher premiums (up to $2,500+ for your license).
Statute of Limitations
Since you cannot sue for injuries, the statute of limitations for personal injury lawsuits is largely irrelevant for domestic accidents. However, for property damage or out-of-province claims, the standard is 2 years.
Evidence Needed for Conviction
Police need to prove identity. In Manitoba, photo radar is common, but it only identifies the vehicle owner. For a Criminal Code conviction, they must prove who was driving.

Legal Defenses
- Necessity: Fleeing to escape immediate danger (road rage).
- Unaware of Accident: Common with large trucks or minor scrapes.
- Mistaken Identity: The registered owner was not the driver.
More Manitoba Laws
Sources and References
- Manitoba State Legislature(state legislature).gov