Small Claims Court & Car Accidents: What You Need to Know

What Is Small Claims Court?

A small claims court is a special district or superior court division designed to handle legal disputes involving smaller amounts of money. It provides a faster, more affordable alternative to traditional civil court, allowing individuals to file lawsuits for property damage, unpaid debts, or contract disputes without complex legal procedures.

Unlike traditional lawsuits, small claims cases are designed for individuals who want to represent themselves without hiring a lawyer. This makes the process more accessible and means you must be prepared to present your side of the case.

The main differences

• Simplified process: Small claims court is designed to be quick and informal. The rules of evidence and procedures are much simpler than in civil court, making it easier for everyday people to handle their cases
• No lawyers allowed: In many states, you cannot hire an attorney to represent you as the plaintiff, and the defendant must present their cases themselves. However, this is not the general rule and can vary by state
• Lower costs: Filing fees and costs are significantly lower than in civil court. The filing fee is typically between $30 and $100, depending on the state
• Faster resolution: Cases are usually scheduled within a few weeks or months, whereas lawsuits in civil court can take years to resolve

How much money can you sue for?

The small claims court limit varies by state, setting the maximum amount of money you can sue for in a small claims case. In most states, this limit falls between $5,000 and $10,000, but some states allow higher amounts in certain situations.

• California allows individuals to sue for up to $10,000, while businesses are limited to $5,000
• Massachusetts has a limit of $7,000 for most cases
• Texas permits claims up to $20,000, making it one of the highest limits in the U.S
• Depending on the county, New York sets the limit between $5,000 and $10,000

You have two options if your damages exceed your state’s small claim limit. Lower your claim amount to fit within the limit, or file in civil court, which allows for higher claims but involves more complex procedures and legal costs.

Should You Take Your Car Accident Case to Small Claims Court?

Not every car accident case is suited for small claims court. While it offers a fast and affordable way to resolve disputes, it’s not always the best option.

When it is a good option

Below are the key factors to consider when deciding whether filing a claim in small claims court is right.

• Your case only involves property damage: If the accident resulted in vehicle damage but no injuries, you can use small claims court to recover repair costs
• Your insurance claim was denied: If the insurance company refuses to pay or offers a low settlement, you may need to sue the at-fault driver directly
• The driver is uninsured: If the at-fault driver has no insurance, small claims court may be your best chance to recover damages

When it is advised not to

If your case falls into any of the below categories, then it's best you explore other options:

• If your claim includes medical expenses, lost wages, or long-term damages, your case is better suited for civil court, where there’s no limit on compensation
• If fault is disputed, multiple drivers were involved, or expert testimony is needed, small claims court may not provide the legal structure necessary to resolve your claim fairly
• Small claims court rules in most states prohibit attorneys from arguing your case. If you prefer having a lawyer handle your case, you’ll likely need to file in a superior or district court instead

The Legal Basis for Suing in Small Claims Court

You must prove liability and damages to succeed in small claims court after a car accident. This means showing that the other driver was responsible for the crash and demonstrating its financial impact on you. Without strong evidence, your small claims case may not hold up before the judge.

Liability is based on negligence, meaning the other driver failed to follow roadway rules or drove carelessly. A police report can help establish fault by documenting violations or reckless behavior. Witness statements and photos of vehicle damage, skid marks, or traffic signs can further support your case.

Once fault is clear, you must prove your damages. The most common claim in small claims court is property damage for vehicle repairs, so getting multiple repair estimates strengthens your case. If you suffered minor injuries, medical bills can also be included.

Negligence laws impact how much you can recover. Some states follow comparative negligence, reducing compensation if you were partially at fault. Others use contributory negligence, which may bar recovery if you had any role in the crash. Since state law determines these rules, it’s important to understand how they apply before filing.

How to File a Small Claims Lawsuit for a Car Accident

Step 1: Determine who to sue

In most small claims cases, you will sue the at-fault driver, not their insurance company, since insurers typically cannot be named defendants in small claims court. However, if the accident involved a place of business, such as a company-owned delivery vehicle, you may have grounds to sue the business itself.

It is crucial to have the correct name of the defendant—whether it is an individual or a business—because filing against the wrong party can cause delays or even lead to the dismissal of your case.

Step 2: Gather evidence

You must collect evidence supporting liability and damages to build a strong small claims case. The following types of documentation will help prove your side of the case:

• A police report, if law enforcement responded to the accident
• Photographs of vehicle damage, the roadway, traffic signs, and skid marks
• Witness statements from passengers or bystanders who saw the crash
• Repair estimates to justify the amount of money you are claiming for property damage
• Medical records if you are including minor injury costs in your claim

Step 3: File the lawsuit

Once your evidence is ready, you must file your case in the appropriate small claims court. Each state has a small claims process, so forms and procedures may vary. For example, you must complete SC-100 in California to initiate your claim. You must also pay the required filing fee, which typically ranges from $30 to $100, though some states allow fee waivers for individuals who meet certain financial criteria.

After filing, you are responsible for serving the court order to the defendant, formally notifying them about the case and their upcoming trial date.

Step 4: Preparing for the hearing

Since attorneys are generally not allowed to represent you in small claims court, you must be well-prepared to present your case. Logically organize all your evidence and be ready to explain the facts clearly. Practice delivering a concise and persuasive argument about why you are owed compensation.

If you have witnesses, confirm their availability for the date or have them provide written testimony. The more prepared you are, the stronger your case will be when you stand before the judge.

What to Expect in Court

A small claims court hearing is designed to be quick, informal, and judge-led, but knowing what to expect can help you feel more confident about your session. Since there is no jury trial, the judge will hear both sides, review the evidence, and decide, often on the same day.

At the start of the hearing, both you and the defendant will have the opportunity to present your side of the case. You must clearly explain what happened, why the other party is responsible, and how much compensation you seek. Be prepared to support your claim with documents such as police reports, repair estimates, medical records, and witness statements. The judge may ask questions to clarify details, so staying calm, professional, and factual is important when responding.

If the defendant fails to appear, the judge may issue a default judgment in your favor, meaning you win automatically. However, if both parties are present, the judge will carefully review both sides' evidence before ruling. In most cases, the judge will decide on the spot, but sometimes, they may take a few days to issue a court order.

If you win, you may need to take additional steps to collect your judgment, especially if the defendant refuses to pay. If you lose, you may be unable to file a notice of appeal, as most states do not allow plaintiffs to appeal decisions. However, defendants in some states do have the right to challenge the ruling in a superior court or request a new trial date.

Collecting Your Judgment After Winning

Winning your small claims case doesn’t always mean you’ll get paid immediately. If the defendant refuses to pay, you may need to take legal steps to enforce the judgment.

Possible enforcement options include wage garnishment, which allows you to collect a portion of the at-fault driver's paycheck, or bank levies, which allow funds to be taken directly from their account. Another option is placing a lien on their real property, which prevents them from selling or refinancing until the debt is settled.

Collecting the judgment may be challenging if the debtor is uninsured or has no assets. In such cases, you may need to explore alternative ways to recover your money or seek further legal advice on enforcement strategies.

Alternatives to Small Claims Court

If small claims court isn’t the best option for your case, there are other ways to resolve your dispute:

• Negotiate a settlement: Send a demand letter to the at-fault driver requesting payment before filing a lawsuit. Many disputes are settled this way without going to trial
• Mediation: Some courts offer mediation services, where a neutral third party helps both sides reach a fair agreement. This can save time and costs while avoiding losing
• Use your insurance: If the at-fault driver is uninsured or refuses to pay, you may be able to file a claim under your collision coverage or uninsured motorist coverage. Be sure to review your policy details
• File a claim in civil court: If your damages exceed the limit, you may need to take your case to the district or superior court, where a lawyer can represent you
• Consult a lawyer: If you’re unsure about your legal options, seeking legal advice is always a good idea. A lawyer can help you understand state laws, evaluate your case, and determine the best action

The Bottom Line

Taking a car accident case to small claims court can be a simple and cost-effective way to recover property damage costs, but it’s not always the right option. If your case falls within the small claims court limit and you have strong evidence, you can present your side of the case and seek compensation without the complexity of civil court. However, if your damages are significant or liability is disputed, you may need to explore other legal options.

If you’re unsure about the best path forward, consulting a legal professional can help you navigate your options. At YourAccident.com, we connect you with the resources and legal guidance you need to confidently move forward.