Any time an idiot loses control of their car and causes you property damage or injury, that idiot owes you money. The law calls that “Idiot Money” – “Damages”, and if the Idiot does not pay you, you have the right to ask the court for help by “suing” the Idiot.
Which court your claim belongs in depends upon the amount of your claim, and the location of the accident (or where the defendant lives). Here we discuss CA Small Claims court, but the general info may help in other places.
What is “Small Claims Court”?
In California, “Small Claims” refers to the “Small Claims Division of the County Superior Court”. In California, currently, the maximum claim for Small Claims Court is $10,000.
To get the location of your local small claims court, look at the web site for the local County Superior Court, then find the “Small Claims” division of that court. (Example: ).
It is the first level of community court (or municipal court in the old days) where persons can have their disputes between each other heard by a Judge in a 1 day trial where the judge is the only decider.
Attorneys are generally not allowed in small claims court unless they are working on their own case, or for a corporation. Small claims courts are typically less formal than the larger “unlimited Jurisdiction” courts, and the rules of evidence are somewhat relaxed. Judges do their best to make good decisions, but most cases only get a few minutes of court time.
Because of this, if you want to be effective in Small Claims and give yourself the best chance of winning, you need to be prepared and organized.
What Are the Available Damages in an Auto Accident Case?
In a common auto accident, typical “Damages” will include:
1) Property damage to one or more vehicles (the cost of repair or replacement of a damaged vehicle); payment for loss of use of that vehicle; and maybe rental car expenses; and
2) Personal injury Damages for injuries to people.
If there are injuries, those damages may include medical bills, payment for pain and suffering, out of pocket expenses like pain relievers, and lost wages, etc.
If you cannot get that Idiot to pay you for your damages after an accident informally, or cannot get their auto insurance company to pay you the full value of your claim, you have the option of suing for all of those “Damages”.
If the amount you are seeking is less than $10,001 – in California, you can sue the idiot yourself without an Attorney representing you in the “Small Claims” Division of your local county’s Superior Court.
And if you win in Small Claim, you can get the Court to issue a judgement for payment of your damages against the Idiot. Who Can You Sue for the Damages?
The proper defendants in a typically auto accident case are the Driver, the Owner(s) of the car and the Employer of the Driver if he/she was working that day.
Generally the insurance company for the defendant(s) is not a proper defendant. It is the Defendant’s responsibility to get their insurance company to cover the case if they have insurance. It is not the plaintiff’s responsibility. And you do not have to sue an insurance company to get paid. Ultimately, the money comes form the Defendant if insurance does not pay.
But honestly, in small claims court, it may help to actually sue the insurance company as well and ask the judge to make a Declaratory ruling on the existence of coverage for the claim. IF you do that, you can force the insurance company to appear in court.
Does it matter if the insurance company denied liability for the accident? No, not at all. An insurance company’s evaluation of a claim or accident is not binding on anyone. The court, even the small claims court, has the final say on who owes what.
Do not be afraid to sue a negligent driver after an insurance company denies the claim. You will not be punished, and you may win.
Try to Settle the Matter Prior to Court.
Suing in small claims court is really a last resort. The goal of a small claims action is to get a court order that a Defendant pay you. But even if you get the order (called a Judgement), you have to execute that order, and that can be difficult and time consuming. You can do a lot of damage with a Judgment, but it may take a lot of work and a long time.
Because of this problem, it is best to settle a claim informally, prior to court. The best way to make a formal demand to a person that you want paid is to send a “Demand Letter” with a well documented demand, and instructions on how to pay.
Document your efforts.
The Importance of a Good Demand Letter.
Every Plaintiff’s Attorney knows the demand letter is the foundation of a claim’s value. And the good ones also know that it can be a clear road map on how to manage the case.
What do I mean by that? Well, by laying out the facts, the theory of the case, itemizing the damages, and setting a list of deadlines for progress of the case, you can map out what needs to be done as if it were a check list to trial.
For example you and list the facts that you intend to prove up in court, and the evidence you have for those facts. In that way, you can prepare yourself to present that evidence in trial.
You can also itemize your damages and point to specific estimates or bills to justify your total. And if your itemization are well documented, it may be hard to dispute the claim.
The Demand letter should also lay out a time line for what will happen next with the claim. As a plaintiff, you have to view your claim as a tractor that you are going to drive over all of your neighbor’s property unless they get you to agree to turn it off. Thus, you must map out the drive of the tractor as follows:
“Please pay this claim in full with in 30 days. If not, on day 35, I will file a small claims case against you and on day 38 I will have the Sheriff’s personally serve the papers on you. If you do not respond properly to that lawsuit, as soon as possible there after I will ask the court for a default judgement and order of execution. As soon as I get that order of execution, I am going to use it to drain your bank accounts to the extent allowed by the court’s judgment.”
A well written demand letter convinces the Defendant(s) you are serious, and give you a road map to follow as you drive the case tractor through small claims court if necessary.
A super basic .
But a better demand letter would expand on the subject of damages and the facts as they related to the elements of negligence.
How to Start a Small Claims Court Case.
Here we describe California procedure, different states may have different procedures.
The person who was damaged is called the Plaintiff. The Plaintiff makes a complaint by filling out a “Plaintiff’s Claim” form and files it with the court clerk’s office. The .
After an auto accident, a Plaintiff can sue the next day if they want to. But it is rarely a good idea. It is best to try to settle the claim informally prior to filing a court case. And it normally takes time to figure out what the total damages will be. How long will that back pain last? How long will it take to get a couple of repair estimates? Etc.
When is the deadline to file? I am not going to answer that question here. I recommend filing within one year of the accident for sure, but you need to look up the current deadline because it may change. You might have 2 years, but I am not going to tell you that.
Once the Plaintiff’s Claim form is filed by the court clerk, they will issue an “Order to Appear” addressed to the Defendant(s) with Notice of a date scheduled for the trial.
The Plaintiff gets the “Order to Appear”, and must have it personally served on all Defendants.
Once the Defendant(s) get notice, they have the opportunity to file a written .
Finally the trial date comes, and the judge rules based upon the evidence presented in court.
The “Plaintiff’s Claim” Form is the Basic Complaint
A form called the “Plaintiff’s Claim” is the document you need to file with the Small Claims Court to get a case file opened and to get a Trial Date. This “Plaintiff’s Claim” document is the same as a “Complaint” in big time civil court, and is really just a simple document that tells the court what kind of case it is.
The for Small Claims in California is available for free on line at the .
The space allowed for a description of the incident on the form is very, very small. I recommend that Plaintiff’s attach additional information, such as a Declaration to establish facts or a cause of action form.
What is the “Theory of the Case” in a Car Accident Case?
You need a legal reason why a person owes you money in order to get the court’s help to get paid. The legal reason is called the “Theory of the Case”, and in Small Claims court, you need to be able to explain it clearly. You also need to make sure it is part of your Complaint.
In a case where you loaned someone money and they did not pay you, a small claims suit could be based on “Breach of Oral Contract”, which is a legit theory of the case.
In the car accident context, usually the theory of the case is called “Negligence”. Negligence basically means the person harmed you by screwing up.
Technically, legally, Negligence has 4 required elements which must be proved to win a small claims case:
1. There was a legal duty for the defendant to control his/her car at all time and to act reasonably at all times to prevent injury or damage to others; 2. There was a breach of that duty; 3. The Breach was the legal cause of; 4. Property damage and/or injury to Plaintiff(s)
Your theory of the case is important because you will have to understand it in order to tell the judge why you should be paid, and because you will have to list it on the Complaint for Damages that gets filed with the Small Claims Court.
Your Theory of the Case should appear in your Demand letter(s) as well.
Make Sure You Have Your Theory of the Case Attached to the Complaint
In my opinion, when the case involves an auto accident, the Plaintiff should a separate sheet to the Plaintiff’s Claim form to describe the theiry of the case.
In big boy court (unlimited jurisdiction), the Theory of the Case is listed on a “Cause of Action” form. In Small Claims, there is no room for a listing of the TH\heir of the Case or Cause of Action, so you have to attach it yourself, if you want one. It is not required, without a separate listing of the Cause of Action, you give hte Defendant a free argument:
“The claim fails to state a valid cause of action” – which is a great defense. So Avoid it by attaching a statement of your Theory of the Case, identifying the evidence for each of the 4 required elements of Negligence, as listed above.
I strongly recommend that you use the from the Unlimited Jurisdiction Court. It is a big boy court form, but it will work in small claims.
If you want a more powerful complaint, you can make it a “Verified Complaint” by attaching a signed “ with your facts listed. By declaring the facts under penalty of perjury, you are swearing they are true on paper.
What is the Best Way to Serve the Papers?
Every Defendant you sue in Small Claims Court must be handed a copy of the Plaintiff’s Claim and Order to Appear in person. This is called “personal service of process.”
And the person who hands the court papers to the Defendant must not be involved in the case. They must be independent.
You can hire a private process server to serve papers. It works, but it is not the best option.
In my opinion, by far the best way to get small claims papers served is to use the County Sheriff’s Office where ever the Defendant is located. All California Sheriff’s Offices will serve legal papers on people for a small fee. They are trained to do it right, and they look good doing it with a gun.
After the papers are served, the process server must fill out a “Proof of Service” form to tell the court that it is done. Then it is the Plaintiff’s duty to make sure that “Prof of Service” form gets filed with the court, so that the court knows the Defendants are aware of the claim and court date.
When you use the Sheriff’s Office to serve the papers, they will typically do the “proof of service” filing for you, or at least make it easy for you to do so correctly.
Do not use a family member to do the service. Do not try to do the service by mail alone. Just hire the Sheriff’s save time, money, etc.
Can A Small Claims Case Settle Prior to Trial?
Yes! A small claims case can settle at any moment. If there is a settlement by agreement of the parties, the Plaintiff simply needs to notify the court of the settlement by asking for a dismissal. The court prefers settlement to a waste of court time, so there is no penalty or trouble for settling a case prior to trial, even if it is at the last second.
What Do You Do With The Judgement After You Get It?
Unfortunately, that is a big subject for another article. The .
If there was insurance coverage, you can collect from the insurance company. You should immediately deliver the judge to any insurance company possibly covering the loss and with a written demand for payment on the judgment.
If no insurance is available, or if they deny coverage, you need to collect form the Defendant(s) personally, using court orders.
If you notify the CA DMV of a judgement against a driver related to a motor vehicle accident that was not covered by insurance, they should suspend the Defendant’s drivers license until the Judgment is paid.
Additional Tips for Success in Small Claims Court:
1. Be Organized! Keep copies of everything in a file. Organize your evidence early, and label each piece of evidence (photo, map, etc) with a Numerical Label: 1, 2, 3, 4, etc.;
2. Use a printed map to show the location of the accident at trial; Check with the court clerk in advance to see if you can bring in your own laptop and use their projector (advanced tip);
3. Have a clear list of your damages and the evidence to support them in a 1 page summary.
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