In every state, "small claims courts" offer a simpler and faster alternative to a traditional lawsuit, and it's fairly common for car accident cases to be heard as small claims. Here's what to know at the outset:
You usually have the option of going to small claims court to try to get compensation after a car accident. That means you can present your argument that the person you're suing (the "defendant") was at fault for the car accident, and ask the small claims judge to compensate you for:
We'll cover the pros and cons of taking a car accident case to small claims court a little later on. But the biggest consideration is usually this: You need to have a firm sense of the dollar value of all your car-accident related losses, and of what you'd be willing to accept to resolve your case, because the total amount you ask the small claims judge to award you (and the amount you can receive) can't exceed the small claims court dollar limit.
Which brings us to our next question...
As we just mentioned, the simple answer here is that the amount you can win in a small claims court car accident case is usually capped by the small claims dollar limit in your state. It's important to check the latest court rules to be certain of the current limit.
If the amount of your car accident-related losses exceeds the small claims court limit, you'll need to either:
A few states have carved out special dollar limit rules for car accident cases. For example, the normal small claims cap in Massachusetts is $7,000, but small claims judges in that state have leeway to exceed that amount in cases over property damage resulting from a car accident.
You'll find a link to specifics on the small claims limit in your state in the "Next Steps" section at the end of this article.
We've mentioned it before, but it bears repeating: The key issue here is whether the total amount of your car accident-related losses (and/or the amount of compensation you'd be satisfied with) falls below the small claims court dollar limit in your state.
Aside from that all-important consideration, let's look at a few pros and cons of taking a car accident case to small claims court (as opposed to going the usual route of a standard car accident lawsuit in civil court).
Pros of Small Claims Court
Cons of Small Claims Court
It's very easy. The details vary slightly from court to court, but typically the process involves:
Every car accident case consists of two main questions, or issues:
In the language of the law, the first issue is usually called "liability"; the second is called "damages", and you have to prove both to win your case. If you don't prove liability, you'll lose, even if you've proven that you suffered damages. If you prove liability but can't prove that you had any damages, you won't be awarded anything. So, you need to prepare an argument for both of these key issues. For example:
Get more tips on evidence to collect after a car accident.
Small claims court judges love it when citizens come to court prepared. It's a great way to gain the judge's respect and be on your way to a judgment in your favor.
If the other driver has car insurance, their insurance company will probably pay the judgment. Their only other option is to appeal the case.
If the other driver is uninsured, you may have trouble collecting the judgment. If you have a judgment and the other driver won't pay it voluntarily, you'll need to learn what procedures your court has to help collect the judgment. Possibilities include attaching or "garnishing" the wages of the other driver and attaching their bank account or other assets. Learn more: Can You Collect Your Judgment?
Absolutely. With just a small filing fee, a small fee to have the court papers served on the other driver and a little effort, you can have your day in court.
In small claims court, the judge hears what each side has to say and then decides the case, sometimes on the spot. So if you can't settle your car accident claim with the insurance company, don't be afraid to go to small claims court.
Get tips on representing yourself in court.
Now that you understand the basics of how a car accident claim might work in small claims court, you can find more in-depth information on the process (and the rules) for these kinds of cases:
If you've read this far and you're starting to question whether your car accident case might be worth more than the small claims limit in your state, or you're wondering whether you'd be comfortable handling your own case, it might make sense to discuss your situation with a lawyer. Learn more about how a lawyer can help with your car accident claim, and get tips on finding the right injury lawyer for you and your case.