Vehicle Damage on Provincial Highways
Under Section 9 of the The Highways and Transportation Act, 1997, a claim can be filed with the Ministry of Highways if the citizen feels the ministry did not fulfill its obligation as defined in the Act. The claim will be reviewed and assessed against the obligations in the Act. The claim must be submitted to the ministry within 30 days of the incident.
When filing a claim with the ministry, please keep the following in mind:
- Claims must be reported within 30 days of the incident.
- Damage must have occurred while travelling on a provincial highway.
- Claims are not considered for damage caused by other vehicles, animals or objects placed intentionally or unintentionally on the road.
- The ministry is only liable if it knew or ought to have known of the state of disrepair.
- The ministry is not liable if it can prove it took reasonable steps to prevent the disrepair from happening or warn the driver of the state.
- The ministry is not liable for damages that have occurred in a work zone where a third-party contractor is working. Upon investigation, if the claim is deemed a Third Party Claim, the ministry will inform you on next steps.
1. How to File a Vehicle Damage Claim
If you are Insured Through SGI
As part of the claim process, the ministry requests all citizens insured by Saskatchewan Government Insurance (SGI) also submit a claim through SGI’s auto claim process. The SGI claim file number will need to be included with the ministry claim.
For those insured through SGI, the ministry and SGI will work together to ensure citizens that sustain damage to their vehicle while travelling on Saskatchewan roadways can have their vehicle repaired to the condition it was before the incident, in a safe and timely manner. The ministry and SGI will determine responsibility and compensation for the incident as it applies to the Highways and Transportation Act.
When you work with an SGI Accredited repair shop, they make sure your vehicle is repaired using industry-accepted repair practices and quality replacement parts. We encourage you to get the repairs done as soon as possible to prevent further damage to the vehicle, especially damage that could affect your vehicle’s safe driving.
To file a claim, visit SGI's Auto Claim page.
If you are Insured Through Another Insurance Agency
The ministry would still encourage citizens to file with their insurance agency to ensure their vehicle is repaired to the condition it was before the incident, in a safe and timely manner. We encourage you to get the repairs done as soon as possible to prevent further damage to the vehicle, especially damage that could affect your vehicle’s safe driving.
If you feel the Ministry of Highways did not fulfill its obligation under Section 9 of the The Highways and Transportation Act, 1997, a claim can be filed with the Ministry of Highways. The claim must be submitted within 30 days of the incident.
What is Required to Submit a Claim with the Ministry of Highways
- Exact location of the incident
- Includes: the highway number, proximity to nearest community, direction of travel, lane and references to landmarks
- Detailed description of the incident
- Description of what is damaged
- Include the amount of the claim, if known
- Name, full mailing address, email address and telephone number
- Any supporting photos and additional relevant information
- SGI Claim Number if applicable
Once you have all the necessary information, you are ready to file your claim.
Note: Completing the form should only take 20 minutes, but the session will timeout after 120 minutes. You must complete all information and submit the claim within this time limit. At the end of the timeout, any work not submitted will be lost.
2. More Information
What to Expect as Part of the Claim Investigation
- An acknowledgement notice with a unique request ID will be sent to you once your claim has been submitted.
- An investigation will be conducted by the ministry to determine if they are responsible for your loss.
- This consists of gathering information from you, ministry staff or third parties that may have been carrying out work at or near the site of the incident.
- A claim is typically completed within 30 days. Once a decision has been made, you will be notified.
How to Check on the Status of Your Claim
You can check the status of your claim or communicate with the ministry by using the link in the acknowledgement notice email. This link takes you to the summary page.
If you have any questions or concerns regarding filing your claim, please contact the customer service centre at 1-844-SK-HIWAY (1-844-754-4929). Please have your unique request ID number, if you have received an email from the ministry
Note: If your claim has been deemed a Third Party Claim, contact the contractor or representative from the ministry that were shared with you the correspondence from the ministry.
How to Appeal a Denied Claim
If the ministry's records show that they met their obligations under the act, your claim will be denied. The ministry will outline the result of their investigation in writing to you (email or mail), which will include the reason for claim denial.
If your claim was denied and you believe there was information or circumstances not considered, you may have the decision reviewed by the Regional Director of Operations. The director will review the claim and may either offer compensation for the damage or, if satisfied with the ministry's investigation, uphold the denial.
If requesting an appeal, we recommend you send any and all additional relevant information you may have. If the same information is submitted for the appeal, this may result in the same decision.
If after the review, the claim is still denied, you may initiate an action in Provincial Small Claims Court to resolve a dispute.
Note: If your claim has been deemed a Third Party Claim and you cannot resolve the matter with your contractor, you may initiate an action in Provincial Small Claims Court.