How To File Small Claims Against Auto Insurance

Filing small claims against your auto insurance company might seem scary, but it’s important to know your rights.

Whether you had an accident, property damage, or another issue, understanding how to do it can help you get the money you deserve.

This article will guide you step by step on how to file a small claim against your auto insurance company, with helpful tips to increase your chances of success.

An image illustrating how to file small claims against auto insurance
How to file small claims against Auto Insurance Source: Kirby Hamilton / Getty Images

What are Small Claims?

Small claims court is a legal process that allows you to sue a person, business, or government agency that you think owes you money.

Generally, you can only sue for up to $10,000 in small claims court (or up to $5,000 if you’re a business).

The rules and procedures for small claims are less formal and complicated than the Supreme Court.

Small claims tribunals resolve specific types of low-value disputes between consumers and suppliers in a quicker and less expensive way than if the same dispute went for a civil trial.

Small claims court is a great option for people who want to resolve their disputes without spending too much time and money.

You can file a case in small claims court if you have a dispute with someone over money, property, or services.

The types of cases that can be resolved in small claims court vary by state, but most disputes involving money can be filed in small claims court.

Therefore, if you’re considering filing a case in small claims court, it’s important to understand the rules and procedures of your state.

What’s a small claim against auto insurance?

A small claim against auto insurance is a legal step taken by an individual against an insurance company or another driver’s insurance provider.

This kind of claim is typically pursued when the damage or injury is relatively minor, and the person making the claim is seeking reimbursement for repair expenses or medical bills.

To initiate a small claim against auto insurance, you must collect evidence of the damage or injury, including photos, medical bills, and repair estimates.

Additionally, you’ll need to fill out a claim form for the insurance company and participate in a court hearing if required.

How To File Small Claims Against Auto Insurance

If you’ve been in a car accident and your insurance company won’t cover the damages, you might have to take legal action by filing a small claim against them.

While this process may seem challenging, proper preparation and understanding can help you navigate it effectively, thereby, increasing your chances of a successful claim for the compensation you’re entitled to.

Step1: Familiarize Yourself with Your Insurance Policy

Before initiating a small claim against your insurance provider, it’s crucial to understand your insurance policy.

Take the time to go through your policy and identify the covered and non-covered aspects.

Additionally, ascertain the coverage limits outlined in your policy.

This understanding will aid you in assessing the validity of your claim and determining the amount of compensation you may be eligible for.

Also, carefully examine your policy for any exclusions or limitations. Certain policies might exclude specific types of accidents or damage.

It’s essential to grasp the terms and conditions of your policy thoroughly prior to proceeding with your claim.

Step 2: Collect Supporting Evidence

In order to effectively submit a small claim against your insurance company, it’s crucial to compile evidence that substantiates your case.

Such evidence may include photographs depicting the accident scene, statements from witnesses, police reports, and any other relevant documentation associated with the incident.

Additionally, gather papers about the costs you faced, like repair estimates and medical bills.

These documents will back up your claim and improve your chances of getting the compensation you deserve.

Step 3: Get in Touch with Your Insurance Company

Before formally submitting a small claim against your insurance company, reach out to them to talk about the problem.

Share the details and provide the evidence you’ve collected.

There’s a chance your insurance company might be open to resolving the claim without involving the court.

If, however, your insurance company declines to cover the damages, you can then move forward with filing a small claim.

Step 4: Submit Your Claim

To initiate a small claim against your insurance company, go to your nearby small claims court.

Complete a claim form and submit any evidence you’ve collected.

After filing your claim, your insurance company will be informed and given a chance to respond.

If they don’t respond or refuse to settle, a court date will be scheduled.

Step 5: Show up for Your Court Appearance

During your scheduled court appearance, you’ll need to explain your case to a judge.

Make sure to bring all your evidence and be ready to respond to any questions the judge may ask.

The judge will instruct your insurance company to cover the damages if they decide in your favor.

If the ruling goes against you, you might need to explore alternative options like hiring a lawyer or appealing the decision.

How can I prove fault in a small claim against auto insurance?

To demonstrate responsibility in a small claim against auto insurance, you must present proof that the other driver was negligent or at fault for the accident.

This evidence can include statements from witnesses, police reports, and pictures of the accident scene.

Additionally, you may need to provide proof of your responsible actions, such as following traffic laws and driving responsibly.

If you’re uncertain about proving fault in your situation, seeking advice from a lawyer is recommended as they can guide you on the most effective approach.

Advantages of Filing Small Claims Against Auto Insurance

Taking your auto insurance company to small claims court can be a straightforward and successful approach to obtaining the rightful compensation.

Small claims court helps you settle conflicts affordably and efficiently with its specific design.

Filing a small claim also enables you to steer clear of the expensive fees associated with hiring a lawyer.

In many instances, you can advocate for yourself in small claims court and bypass the necessity of engaging an attorney.

Choosing Between Small Claims Court and Hiring an Attorney

When your insurance company declines to cover damages, the option of hiring an attorney may come into play.

While hiring an attorney can be costly, it might be essential for intricate claims or significant damages.

On the other hand, small claims court provides a budget-friendly alternative to hiring an attorney.

In a small claims court, you can present your case easily and quickly, because it has a simple and effective structure.

Usually, you do not need a lawyer to help you.


To file small claims against your auto insurance company can be a smooth process when you’re ready and know what you’re doing.

By familiarizing yourself with your insurance policy, collecting evidence, and adhering to the correct procedures, you increase the likelihood of a successful claim.

If you feel uncertain about the process, seeking advice from a legal professional can provide valuable guidance.

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