Car Accident Damage
If another driver caused damage to your vehicle and refuses to pay — or their insurance isn't covering the full cost — you can sue them in small claims court for the repair costs.
Typical claim amount
$500 – $12,000
Statute of limitations category
Property damage (varies by state)
See your state's small claims rules
Pick your state above to see its claim limit, deadlines, and rules — or browse all state guides.
How much to ask for
Base your claim on the cost to fix the car — use repair estimates, or the actual repair bill if you've already paid. If the car was totaled, ask for its fair market value just before the crash (a KBB or NADA printout helps) minus any salvage value. You may also be able to include related out-of-pocket costs like a rental car or a tow. Some states recognize 'diminished value' — the drop in resale value even after a good repair — so check whether yours does.
How to pursue this claim, step by step
- 1
Document the damage right away with photos from several angles, and save the police report, any dashcam footage, and witness contact info.
- 2
Get two or three repair estimates so you can show the judge a fair, well-supported number.
- 3
Total up your claim — repairs (or fair market value if totaled), plus extras like towing and a rental car.
- 4
Send the at-fault driver a written demand with your estimates, photos, and the police report, and a deadline to respond.
- 5
Confirm you're within your state's deadline to sue for property damage, then file naming the at-fault driver correctly.
- 6
At the hearing, lay out how the accident happened and prove your costs with the estimates, receipts, and photos.
Common examples
Other driver caused an accident and has no insurance
Insurance won't cover the full repair cost
Hit and run where you identified the driver
Someone damaged your parked car
Borrowed vehicle was returned damaged
Evidence you should gather
The stronger your evidence, the better your chances. Start collecting these items before you file:
Police report (if one was filed)
Photos of damage to your vehicle
Repair estimates from mechanics (get 2-3)
Actual repair receipts if already fixed
Insurance correspondence showing denied or partial coverage
Witness information
Dashcam footage (if available)
Ready to take action?
A demand letter often resolves disputes before court. Our free guide shows you how to write one in minutes.
Read the demand letter guideDemand letter tip
Include your repair estimate, photos of damage, and a copy of the police report with your demand letter. Give the other party 14 days to respond. Mention that you will add court filing fees and service costs to your claim if they don't pay.
Read the demand letter guide →Court preparation tip
Get at least two repair estimates to show the judge you're asking for a fair amount. If the car is totaled, bring evidence of the vehicle's fair market value (KBB or NADA printout) before the accident.
What trips people up
Relying on a single estimate, which can look like you're guessing at the amount.
Not photographing the damage and scene before repairs are made.
Suing the wrong party — usually you sue the at-fault driver (and sometimes the vehicle's owner) rather than their insurer, though the rules on suing an insurer directly vary by state.
Forgetting recoverable extras like the tow bill or rental car.
Missing your state's property-damage filing deadline.
Filing deadlines by state
Your statute of limitations depends on your state. Here are some examples for this type of case:
| State | Deadline | Max claim |
|---|---|---|
| Alabama | 6 years | $6,000 |
| Alaska | 6 years | $10,000 |
| Arizona | 2 years | $5,000 |
| Arkansas | 3 years | $5,000 |
| California | 3 years | $12,500 |
| Colorado | 2 years | $7,500 |
| Connecticut | 2 years | $5,000 |
| Delaware | 2 years | $25,000 |
| District of Columbia | 3 years | $10,000 |
| Florida | 4 years | $8,000 |
| Georgia | 4 years | $15,000 |
| Hawaii | 2 years | $5,000 |
| Idaho | 3 years | $5,000 |
| Illinois | 5 years | $10,000 |
| Indiana | 2 years | $10,000 |
| Iowa | 5 years | $6,500 |
| Kansas | 2 years | $10,000 |
| Kentucky | 2 years | $2,500 |
| Louisiana | 1 year | $5,000 |
| Maine | 6 years | $10,000 |
| Maryland | 3 years | $5,000 |
| Massachusetts | 3 years | $7,000 |
| Michigan | 3 years | $7,000 |
| Minnesota | 6 years | $20,000 |
| Mississippi | 3 years | $3,500 |
| Missouri | 5 years | $5,000 |
| Montana | 2 years | $7,000 |
| Nebraska | 4 years | $7,500 |
| Nevada | 3 years | $10,000 |
| New Hampshire | 3 years | $10,000 |
| New Jersey | 6 years | $5,000 |
| New Mexico | 4 years | $10,000 |
| New York | 3 years | $10,000 |
| North Carolina | 3 years | $10,000 |
| North Dakota | 6 years | $15,000 |
| Ohio | 4 years | $6,000 |
| Oklahoma | 2 years | $10,000 |
| Oregon | 6 years | $10,000 |
| Pennsylvania | 2 years | $12,000 |
| Rhode Island | 10 years | $5,000 |
| South Carolina | 3 years | $7,500 |
| South Dakota | 6 years | $12,000 |
| Tennessee | 3 years | $25,000 |
| Texas | 2 years | $20,000 |
| Utah | 4 years | $20,000 |
| Vermont | 3 years | $10,000 |
| Virginia | 5 years | $5,000 |
| Washington | 3 years | $10,000 |
| West Virginia | 2 years | $20,000 |
| Wisconsin | 6 years | $10,000 |
| Wyoming | 4 years | $6,000 |
Frequently asked questions
Can I sue the other driver if they have insurance?
Yes. You can pursue the at-fault driver directly, especially if their insurer denied the claim, underpaid, or is dragging things out. Usually small claims is against the driver rather than the insurance company itself, though the rules on suing an insurer directly vary by state.
What if my car was totaled?
You can usually claim the car's fair market value just before the crash, minus any salvage value. A KBB or NADA printout helps establish that figure.
Can I recover the cost of a rental car or towing?
Often yes — reasonable, documented out-of-pocket costs tied to the accident, like a rental while your car is repaired or the tow, are commonly recoverable. Keep the receipts.
What is diminished value and can I claim it?
Diminished value is the drop in your car's resale worth even after a quality repair. Some states allow this kind of claim and others don't, so check whether yours recognizes it.
Do I need a police report to sue?
It's not always required, but it helps establish what happened and who was at fault. Photos, dashcam footage, and witness statements can support your case too.
Other case types
Security Deposit Not Returned
Your landlord won't return your security deposit
Unpaid Invoice or Loan
Someone owes you money and won't pay
Contractor or Repair Disputes
A contractor did poor work or didn't finish the job
Defective Product or Service
Something you bought doesn't work and the seller won't fix it
Breach of Contract
Someone broke a written or verbal agreement
Unpaid Rent (Landlord vs Tenant)
Your tenant owes rent and won't pay
Property Damage by Neighbor
Your neighbor damaged your property
Auto Repair Disputes
Mechanic overcharged, did bad work, or caused damage
Moving Company Damage
Movers broke or lost your belongings
Wedding Vendor Disputes
Wedding photographer, DJ, venue, or vendor didn't deliver
Bad Check or Bounced Payment
Someone paid you with a check that bounced
Pet-Related Disputes
Dog bite, vet malpractice, or pet purchase gone wrong
Roommate Disputes
Roommate owes rent, utilities, or damaged shared property
Online Purchase or Marketplace Disputes
Item never delivered, counterfeit, or not as described
Dry Cleaner or Laundry Damage
Dry cleaner ruined or lost your clothing
Travel and Airline Disputes
Airline, hotel, or travel company ruined your trip
Insurance Claim Disputes
Insurance company denied or underpaid your claim
Gym or Membership Cancellation
Gym or club keeps charging after cancellation
Towing and Vehicle Impound Disputes
Your car was illegally towed or you were overcharged
Home Appliance or Electronics Warranty
Manufacturer or retailer won't honor a warranty
Freelance or Gig Work Payment
Client won't pay for freelance or contract work you completed
Utility Billing Disputes
Overcharged by a utility company or service provider
Dental or Medical Billing Disputes
Overcharged for medical or dental services
Tenant Suing Landlord for Repairs
Landlord won't fix habitability issues in your rental
Last updated 2026-06-28.
General information to help you understand the process — not legal advice. Rules and dollar limits vary by state and change over time, so always confirm the current requirements with your court. See our Editorial Standards.
Ready to take action?
A demand letter is often the first step. Many car accident damage disputes are resolved without ever going to court.
Read the demand letter guide