Can Car Accident Cases Go to Small Claims Court?

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:

• Small claims court might be a good option if the car insurance company isn't offering a fair settlement, or if you're trying to get money from an uninsured at-fault driver.
• The amount you want to recover for your car accident-related losses (like vehicle damage and the cost of medical care) must be within the dollar limit of your state's small claims court.
• The small claims process is meant to be straightforward, but there are pros and cons to bringing your car accident case to small claims court.

Can I Take My Car Accident Case to Small Claims Court?

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:

• damage to your vehicle
• any medical bills resulting from your car accident injuries
• lost wages or time missed at work or financial losses resulting from the crash, and
• if compensation for accident-related "pain and suffering" is recoverable in your state's small claims court, you can ask for that too.

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...

How Much Can You Win In a Small Claims Court Car Accident Case?

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:

• file a car accident lawsuit in your state's regular civil court system, or
• reduce the amount you're asking for so that it comes under the small claims cap.

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.

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

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

• lower filing fees
• simpler, more informal rules
• a quicker day in court, and a quicker decision, and
• the defendant might be ordered to pay your fees and other costs if you win.

Cons of Small Claims Court

• a lawyer (usually) can't represent you
• you'll be responsible for standing up in court, presenting your case, and answering the judge's questions
• you'll need to show up in court during standard workday hours
• if you lose your case as the plaintiff, you can't usually appeal the decision, and
• even if you win your case, you might not necessarily get paid, especially if the at-fault driver is uninsured.

How Hard Is It to File a Small Claims Court Case?

It's very easy. The details vary slightly from court to court, but typically the process involves:

• completing a fairly simple form (often available online, or always at the court clerk's office; this may involve checking a few boxes and filling in some blanks)
• paying a small filing fee, which usually increases the more you're seeking in your claim (the other driver may be ordered to pay you back for the filing fee if you win the case), and
• having the court papers delivered to the person you're suing; this is called "service of process" (you can hire a process server to take care of this step, and if you win, this expense will likely be included in your judgment).

What Do You Have to Do to Win Your Car Accident Case In Small Claims Court?

Every car accident case consists of two main questions, or issues:

• Who caused the accident?
• What losses resulted from the accident?

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:

• If liability is questioned by the defense, call other people who saw the accident as witnesses, if there are any.
• If there are no witnesses, prepare to show that your version of how the accident happened is more consistent with common sense or with other evidence.
• The nature and location of vehicle damage or the point on the roadway where the impact occurred are often key facts that show how the accident happened.
• Bring in the police report, photographs of the accident scene, any diagrams that might help, and any other evidence you can think of.
• Bring in vehicle repair estimates to show the extent of your vehicle damage.
• Have your medical bills and treatment records ready if you're asking for compensation for car accident injuries.

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 You Win, Will You Be Paid?

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?

Can You Really Represent Yourself in Small Claims Court?

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.

Next Steps

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:

• 50-State Chart of Small Claims Court Dollar Limits
• Small Claims Court Rules
• Presenting Your Testimony and Evidence In Small Claims Court

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.