How to Prepare for an Auto Accident Complaint in Small Claims Court

Millions of auto accidents happen every year. According to the National Highway Traffic Safety Administration in 2008, there were as many as 5,811,000 police-reported motor vehicle crashes.

Further statistics show that car crashes exceeds $200 billion annually and that it is leading cause of death among Americans aged 3-36 years old.

But not all motor vehicle accidents are necessarily fatal, expensive, or grievous -- some may only result to minor injury or property damage. Where some car accidents lead to personal injury lawsuits or wrongful death litigations, there are a number of auto accidents that end up in small claims court.

So what is small claims court? Basically, it is a special court wherein disputes are resolved more quickly and less inexpensively than regular federal courts.

However, as the name itself suggests, only “small claims” can be filed in this court. Thus, if you are planning to file a complaint, you cannot ask for more than $7,500 in a claim. For business entities or states, they cannot sue for more than $5,000.

It is noteworthy to add that you can file as many claims as you want, provided however that it does not amount to more than $2,500 each.

So if you were in a car accident and you sustained minor car damages that amount to $2,500, suing the liable party in federal court is not the proper venue. Small Claims Court has jurisdiction over your auto accident claim.

Also, remember that unlike regular personal injury lawsuits, auto accident complaints in Small Claims Court do not allow legal representation. You cannot take a lawyer with you in court.

This may be very difficult for you as in Small Claims Court, you will still be required to prove and establish your right to compensation at a hearing. During your hearing, you’d be asked to tell your story and you may present evidence such as witnesses, photos or bills.

To help you prepare for a hearing (which may take between 20 and 70 days after you file your claim), you are allowed to seek assistance from a car accident attorney before and after court.

By hiring an attorney before a small claims court hearing, aside from helping you prepare your case, they can help gathering information and witnesses which you may then present in court.

So if you were in an auto accident and you incurred damages which is not more than $7,500, consult with a car accident attorney in your area to help you prepare a winning claim in Small Court Claims.