Guide · Updated Oct 2026

Suing after a car accident in small claims court

Most car accidents are settled between insurance companies. Small claims court is for the cases that fall through the cracks: the other driver has no insurance, their insurer denied your claim, or you just want back the deductible you paid. Here's when it makes sense and how to win.

When small claims is the right tool

Injuries are different. If anyone was hurt, talk to a lawyer before you file. Injury claims are often worth more than small claims allows, many personal injury lawyers work for a percentage of what they recover, and settling a small property claim could affect a later injury claim.

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

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

StateProperty damage deadlineInjury deadlineSmall claims limit
Alabama6 years2 years$6,000
Alaska2 years2 years$10,000
Arizona2 years2 years$5,000
Arkansas3 years3 years$5,000
California3 years2 years$12,500
Colorado2 years2 years$7,500
Connecticut2 years2 years$5,000
Delaware2 years2 years$25,000
District of Columbia3 years3 years$10,000
Florida4 years2 years$8,000
Georgia4 years2 years$15,000
Hawaii2 years2 years$5,000
Idaho3 years2 years$15,000
Illinois5 years2 years$10,000
Indiana2 years2 years$10,000
Iowa5 years2 years$6,500
Kansas2 years2 years$10,000
Kentucky2 years1 year$2,500
Louisiana2 years2 years$5,000
Maine6 years6 years$10,000
Maryland3 years3 years$5,000
Massachusetts3 years3 years$7,000
Michigan3 years3 years$7,000
Minnesota6 years6 years$20,000
Mississippi3 years3 years$3,500
Missouri5 years5 years$5,000
Montana2 years3 years$7,000
Nebraska4 years4 years$7,500
Nevada3 years2 years$10,000
New Hampshire3 years3 years$10,000
New Jersey6 years2 years$5,000
New Mexico4 years3 years$10,000
New York3 years3 years$10,000
North Carolina3 years3 years$10,000
North Dakota6 years6 years$15,000
Ohio2 years2 years$6,000
Oklahoma2 years2 years$10,000
Oregon6 years2 years$10,000
Pennsylvania2 years2 years$12,000
Rhode Island10 years3 years$5,000
South Carolina3 years3 years$7,500
South Dakota6 years3 years$12,000
Tennessee3 years1 year$25,000
Texas2 years2 years$20,000
Utah3 years4 years$20,000
Vermont3 years3 years$10,000
Virginia5 years2 years$5,000
Washington3 years3 years$10,000
West Virginia2 years2 years$20,000
Wisconsin6 years3 years$10,000
Wyoming4 years4 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.

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