How to Sue a Car Accident (Other Driver) in Small Claims Court
Vehicle damage, injuries & uninsured drivers
If you were in a car accident caused by another driver and their insurance won't cover your damages, small claims court is a direct option — especially for vehicle damage claims and minor injuries that fall within your state's limit. You sue the other driver personally.
Success tip
A police report establishing fault is the single most important piece of evidence. Without it, the case often becomes difficult to win.What You Can Sue a Car Accident (Other Driver) For
- ✓ Vehicle damage from an at-fault accident the other driver caused
- ✓ Rental car costs while your vehicle was being repaired
- ✓ Out-of-pocket medical expenses from accident injuries
- ✓ Personal property damaged in the accident (phone, laptop, etc.)
- ✓ Accident caused by uninsured or underinsured driver
- ✓ Insurance company of at-fault driver underpaid your repair claim
Step-by-Step: How to Sue a Car Accident (Other Driver)
Check your state's small claims limit
Small claims court handles money disputes only — typically $2,500 to $25,000 depending on your state. Use our Small Claims Limit Calculator to find your state's exact maximum. If your damages exceed the limit, you can reduce your claim to fit or file in a higher civil court.
Send a demand letter first
Send a demand letter to both the at-fault driver AND their insurance company. Insurance companies must respond to written demands within specific timeframes under state law. Courts expect plaintiffs to have made a good-faith attempt to resolve the dispute before filing. A demand letter also creates a paper trail that becomes evidence.
Gather your evidence
Your case is only as strong as your evidence. Start collecting everything now — before filing — so you're fully prepared for your hearing. See the evidence checklist below for exactly what you need.
Find the right court and defendant information
File in the small claims court for the county where the car accident (other driver) is located, does business, or where the dispute occurred. You'll need the defendant's full legal name and address. For businesses, check your state's Secretary of State website for the correct legal entity name and registered agent address.
File your claim and pay the filing fee
Submit the plaintiff's claim form at the courthouse (or online in many states). Filing fees range from $30–$300 depending on your state and claim amount. Use our Filing Fee Calculator to find the exact cost. Keep your file-stamped copy.
Serve the defendant
The defendant must be formally notified of the lawsuit. Many states allow certified mail service; others require a sheriff or process server. Follow the court's instructions exactly — improper service is one of the most common reasons cases get dismissed.
Prepare and attend your hearing
Bring 3 organized copies of all evidence (one for the judge, one for the defendant, one for yourself). Present your case in order: what happened, how much you lost, and why the defendant is responsible. Let the judge ask questions. Most small claims hearings last 15–30 minutes.
Evidence Checklist: Suing a Car Accident (Other Driver)
Expert Tips for Your Car Accident (Other Driver) Case
Always call the police after any accident, even minor ones — the report is essential for small claims court.
Photograph every angle of both vehicles before they move — this evidence disappears once cars are driven away.
If the other driver is uninsured and judgment-proof (no assets), winning in small claims may not get you paid. Consider your own uninsured motorist coverage first.
For serious injuries, consult a personal injury attorney before filing in small claims — injuries may exceed court limits and a PI attorney often works on contingency.
Ready to File? Prepare Your Documents First
LegalZoom helps you draft a professional demand letter and small claims filing documents — reviewed by attorneys. A strong demand letter resolves many disputes before you ever set foot in court.