Winning Your Car Accident Case in Small Claims Court

Success in a small claims court car accident case means showing that the other driver was to blame for the crash, and proving your losses.

By , J.D. New York University School of Law
Updated by David Goguen, J.D. University of San Francisco School of Law
Updated 4/22/2025

It's a rare small claims court session that doesn't include at least one case over a fender bender or other minor traffic accident. Most of these cases involve disputes over vehicle damage, not car accident injuries. Let's look at how to best set your case up for success when you're called before the judge.

(Get the basics on bringing a car accident case to small claims court.)

Proving Your Car Accident Case in Small Claims Court

It's something of an open secret among small claims court judges and staff that car accident cases are often badly prepared and presented by the drivers involved, so the judge typically makes a decision at least partially based on guesswork.

To recover in a vehicle accident case, you have to prove either that the other person was negligent (careless) and you were driving safely—or, if both of you were negligent, that you were less so. Normally, dealing with concepts of negligence in a vehicle accident is a matter of common sense; you probably have a fairly good idea of the rules of the road and whether you or the other driver was at fault.

One key is whether you or the other party was cited for breaking a law having to do with highway safety. When a safety-related law is broken, negligence is usually presumed.

Was There a Witness to the Car Accident?

Because the judge has no way of knowing what happened unless one or more people tell the story, a good witness can make or break your case.

It's better to have a disinterested witness than a close friend or family member, but any witness is far better than none. If the other person is likely to have a supporting witness, and you have none, you'll have to work extra hard to develop other evidence. If you can't get your eyewitness to show up in court voluntarily, try to get that person to give you a written statement of what they saw, and present that as evidence. Learn more about how witnesses can help your car accident case.

Is There a Car Accident Police Report?

If a law enforcement officer came to the scene of your car accident, chances are they prepared a police report. This report is admissible as evidence in small claims court. The theory is that an officer investigating the circumstances of the accident at the scene is in a good position to establish the truth of what happened. So, if an accident report was made and it supports you, bring it to court. If the report isn't favorable for you, be prepared to refute what it says. This can best be done with the testimony of an eyewitness. If both an eyewitness and a police report are against you, you might want to rethink the idea of a lawsuit.

Did the Accident Involve a Traffic Violation?

If there is a police report, the reporting officer will have noted any driving law violations that occurred before or during the accident. The report may even conclude that a traffic violation caused the accident.

Obviously, if the police cited the other driver, this is terrific evidence that you'll want to show to the judge. If there is no police report, you may wish to do a little research on your own. Check out a searchable version of your state's vehicle code online, or just use a search engine to see if the circumstances of your accident might have involved a traffic violation according to your state's laws. If you discover any violations that can fairly be said to have contributed to the accident, call them to the judge's attention.

Car Accident Diagrams and Photos

With the exception of witnesses and police accident reports, the most effective tool in presenting an accident case in small claims court is a good diagram.

Many good cases have been lost because the judge never properly visualized what happened, and several iffy cases won because plaintiffs made persuasive drawings. All courtrooms have whiteboards, and it's an excellent idea to draw a diagram of what happened as part of your presentation. If you're nervous about your ability to do this, prepare your diagram in advance and bring it to court. Use crayons or magic markers and draw on a large piece of paper about three feet square. Do a good job with attention to detail. When it's your turn to speak, ask the judge for permission to display your drawing (this will be easy if you have attached it to a piece of cardboard or similar stiff surface).

Photographs can sometimes be helpful in auto accident cases. This is especially true if they back up your story about how an accident occurred. For example, if you claim that you were sideswiped while you were parked, a photo showing a long series of scratches down the side of your car is likely to be convincing. Assuming they help you tell a convincing story, it can also be effective to show the judge pictures of the defendant's car and the scene of the accident.

Learn more about putting together the best evidence in a car accident case, and presenting your case in small claims court.

What If Both Drivers Were at Fault for the Car Accident?

You can still win, or at least partially win, a small claims car accident case involving negligence even if you weren't completely in the right. Under a legal rule known as "comparative negligence," if the other person was significantly more at fault than you were, you may still have a good case. Learn more about shared fault in car accident cases.

Make Sure You Have Vehicle Damage and Repair Estimates

Whenever you try to recover money for damage done to your vehicle, it's important to show the judge several estimates for the cost of repairs. Three is usually a good number. If you have already had the work done, bring your canceled check or receipt from the repair shop along with the other estimates.

Be sure to get your estimates from reputable shops. If, for some reason, you get an estimate from someone you later think isn't competent, simply ignore it and get another. You have no legal responsibility to get your car fixed by anyone suggested to you by the person who caused the damage.

You're only entitled to get repairs worth up to the "actual cash value" of your car before the accident. If the car was worth only $3,500 and the repairs would cost $4,000, you're only entitled to $3,500.

Sample Car Accident Case in Small Claims Court

Here's how a motor vehicle accident case might play out in small claims court:

Clerk: "Next case, McClatchy v. Rugg. Please come forward."

Judge: "Please tell me what happened, Ms. McClatchy."

Sandy McClatchy: "Good morning. This dispute involves an auto accident that occurred at Rose and Sacramento Streets on the afternoon of August 15, 20xx. I was coming uphill on Rose (that's east) and stopped at the corner. There is a four-way stop sign at the corner. I turned right, or south, on Sacramento Street, and as I was doing so, Mr. Rugg ran the stop sign on Sacramento and crashed into my front fender. Your Honor, may I use the whiteboard to make a quick diagram?"

Judge: "Please do, I was about to ask you if you would."

Sandy McClatchy: (makes a drawing as suggested in "Diagrams," above, points out the movement of the cars in detail, and answers several questions from the judge): "Your Honor, before I sit down, I would like to give you several items of evidence. First, I have a copy of the police accident report from the Eugene police, which states that Mr. Rugg got a citation for failing to stop at the stop sign in question. Second, I have some photos that show the damage to the front fender of my car. Third, I have my letter to Mr. Rugg trying without success to settle this case. Finally, I have several estimates as to the cost of repairing the damage to my car. As you can see from my canceled check, I took the lowest one (hands copies of each piece of evidence to bailiff to give to judge)."

Judge: "Thank you, Ms. McClatchy. Now, Mr. Rugg, it's your turn."

R. Rigsby Rugg: "Your Honor, my case rests on one basic fact. Ms. McClatchy was negligent because she made a wide turn into Sacramento Street. Instead of going from the right-hand lane of Rose to the right-hand or outside lane on Sacramento Street, she turned into the center lane on Sacramento Street. (Mr. Rugg moves to the whiteboard and points out what he says happened.) Now it might be true that I made a rolling stop at the corner. You know, I really stopped, but maybe not quite all the way—but I never would have hit anybody if she had kept to her own side of the road. Also, your Honor, I would like to say this—she darted out; she has one of those miniature cars and instead of easing out slow like I do with my Lincoln, she jumped out like a rabbit being chased by a red fox."

Judge: "Do you have anything else to say, Ms. McClatchy?"

Sandy McClatchy: "I'm not going to even try to argue about whether Mr. Rugg can be rolling and stopped at the same time. I think the policeman who cited him answered that question. I want to answer his point about my turning into the center lane on Sacramento Street, instead of the inside lane. It's true that, after stopping, I had to make a slightly wider turn than usual. If you'll look again at the diagram I drew, you'll see that a car was parked almost to the corner of Sacramento and Rose on Sacramento. To get around this car, I had to drive a little farther into Sacramento before starting my turn than would have been necessary otherwise. I didn't turn into the center lane, but as I made the turn, my outside fender crossed into the center lane slightly. This is when Mr. Rugg hit me. I feel that since I had the right of way and I had to do what I did to make the turn, I wasn't negligent."

Judge: "Thank you both–you will get my decision in the mail."

Further Reading
50-State Chart of Small Claims Court Dollar Limits
Alaska Small Claims Procedures in District or Magistrate Court
South Carolina Small Claims Magistrates Court Process