Sometimes, no matter how careful you are as a driver, inevitably, you get into an accident because of a reckless or negligent motorist.
If you’re lucky, you can walk away unscathed but sometimes, your vehicle may not fare half as well.
Now if the resulting damage from your auto accident isn’t that great, small claims court is the answer for your incurred expenses, especially if the accident is caused by the fault and negligence of another person.
Small claims courts have the power and authority to hear and decide civil cases between private individuals where the amount of money involved is “small”. Claims are limited to a range of $2,500 to $5,000 and minor car accidents, small debts, product defects, and property damage are within its jurisdiction.
Generally, the complainant would only need to file an auto accident complaint with the small claims court if the defendant refuses to give proper compensation for the loss or damages. Here are some things you may try before filing a case:
• Write a letter of demand or ask for a compromise regarding the compensation.
• Offer mediation as an alternative through a neutral third party in a neutral setting.
If you have tried either of these and the defendant still refuses to pay for your damages, you may resort to filing the complaint in a small claims court. Bear in mind however, that given that you are only trying to recover a small amount of damages, filing a claim may be more trouble than it is worth.
While small claims court hearings are less formal, faster and less expensive than traditional civil litigation, it may not be practical especially if your damages are only worth $3,000. To save yourself the hassle and expense of having to take care of a small claims court trial, it would be advisable for you to consult with a personal injury attorney.
Lawyers generally are not allowed in many small claims courts trials but you can still reap the benefits of their knowledge and expertise by consulting them regarding your case before you file a claim.
Aside from giving you important information about the law and its application, they can also analyze the strength and validity of your small claims case and whether or not you should file it. A personal injury lawyer can also help gather evidence and organize your case, or even draft a demand letter for you in case you would rather not proceed to court. In certain cases, the amount of actual damages you can obtain can also be tripled depending on the circumstances of your case.
