Can I file a lawsuit in small claims court against the driver of the car I was recently in a accident with, who was found to be at fault? Neither of us have collision coverage through our insurance companies and I feel I should be reimbursed for the loss of my car and the cost of the tow truck that was needed to move the car from the side of the freeway.
2 Answers from Attorneys
Collision coverage is only for damage to your own car. So the other driver's liability coverage is supposed to repair your car. Make a claim directly to them. If they won't pay, then yes, you need to file a small claims action if the damage is less than $10,000.
Just to clarify - if the amount of your damages is more than $10,000 you can still file in Small Claims Court, but you can sue for only $10,000 max.