When small claims is the right tool
- Your deductible. Your insurer fixed your car, but you paid a $500 or $1,000 deductible. If your insurer is going after the other driver (this is called subrogation), it may recover your deductible for you, so ask first. If it isn't, you can sue the driver for it.
- The other driver had no insurance, or not enough, and you don't have coverage that pays for it.
- The other driver's insurer denied or lowballed the claim and the amount fits under your state's limit.
- Rental car, towing and other out-of-pocket costs that weren't paid.
Who to sue
You sue the driver who caused the accident, and usually the owner of the car too if it's someone else. In most states you can't sue the other driver's insurance company directly in small claims, but in practice the insurer often steps in once the driver is served.
Evidence that wins these cases
- The police or accident report, and the report number.
- Photos of both cars, the scene, skid marks and road signs.
- Two or three written repair estimates, or the final repair invoice and proof you paid it.
- Witness names and short signed statements.
- Receipts for towing, a rental car or other costs.
- Any message where the other driver admitted fault or promised to pay.
What you can ask for
The reasonable cost of repairs (or the car's value if it was totaled), towing, rental costs while it was being fixed, and your filing and service fees. Keep it to amounts you can document. If the total is over your state's limit, see small claims limits by state.
Before you file
Send a demand letter to the driver with copies of your estimates and a deadline. If the driver's insurer is involved, send it to the adjuster too. How to write a demand letter.
Deadlines to sue for property damage
| State | Property damage deadline | Injury deadline | Small claims limit |
|---|---|---|---|
| Alabama | 6 years | 2 years | $6,000 |
| Alaska | 2 years | 2 years | $10,000 |
| Arizona | 2 years | 2 years | $5,000 |
| Arkansas | 3 years | 3 years | $5,000 |
| California | 3 years | 2 years | $12,500 |
| Colorado | 2 years | 2 years | $7,500 |
| Connecticut | 2 years | 2 years | $5,000 |
| Delaware | 2 years | 2 years | $25,000 |
| District of Columbia | 3 years | 3 years | $10,000 |
| Florida | 4 years | 2 years | $8,000 |
| Georgia | 4 years | 2 years | $15,000 |
| Hawaii | 2 years | 2 years | $5,000 |
| Idaho | 3 years | 2 years | $15,000 |
| Illinois | 5 years | 2 years | $10,000 |
| Indiana | 2 years | 2 years | $10,000 |
| Iowa | 5 years | 2 years | $6,500 |
| Kansas | 2 years | 2 years | $10,000 |
| Kentucky | 2 years | 1 year | $2,500 |
| Louisiana | 2 years | 2 years | $5,000 |
| Maine | 6 years | 6 years | $10,000 |
| Maryland | 3 years | 3 years | $5,000 |
| Massachusetts | 3 years | 3 years | $7,000 |
| Michigan | 3 years | 3 years | $7,000 |
| Minnesota | 6 years | 6 years | $20,000 |
| Mississippi | 3 years | 3 years | $3,500 |
| Missouri | 5 years | 5 years | $5,000 |
| Montana | 2 years | 3 years | $7,000 |
| Nebraska | 4 years | 4 years | $7,500 |
| Nevada | 3 years | 2 years | $10,000 |
| New Hampshire | 3 years | 3 years | $10,000 |
| New Jersey | 6 years | 2 years | $5,000 |
| New Mexico | 4 years | 3 years | $10,000 |
| New York | 3 years | 3 years | $10,000 |
| North Carolina | 3 years | 3 years | $10,000 |
| North Dakota | 6 years | 6 years | $15,000 |
| Ohio | 2 years | 2 years | $6,000 |
| Oklahoma | 2 years | 2 years | $10,000 |
| Oregon | 6 years | 2 years | $10,000 |
| Pennsylvania | 2 years | 2 years | $12,000 |
| Rhode Island | 10 years | 3 years | $5,000 |
| South Carolina | 3 years | 3 years | $7,500 |
| South Dakota | 6 years | 3 years | $12,000 |
| Tennessee | 3 years | 1 year | $25,000 |
| Texas | 2 years | 2 years | $20,000 |
| Utah | 3 years | 4 years | $20,000 |
| Vermont | 3 years | 3 years | $10,000 |
| Virginia | 5 years | 2 years | $5,000 |
| Washington | 3 years | 3 years | $10,000 |
| West Virginia | 2 years | 2 years | $20,000 |
| Wisconsin | 6 years | 3 years | $10,000 |
| Wyoming | 4 years | 4 years | $6,000 |
Claims against a city, county or state (for example a city bus or a pothole) usually require a written notice of claim within a much shorter time, sometimes just a few months. Check your state page before you wait.