Small Claims Vehicle Damage FAQ

To sue for car damage in California small claims court, you'll need to prove the other party caused the damage and the amount of your losses. Start by gathering evidence including:

• Photographs of the damage immediately after the incident
• A police report if one was filed
• Repair estimates from licensed auto body shops (get at least two)
• Witness statements with contact information
• Any correspondence with the other driver or their insurance

File Form SC-100 in the county where the accident occurred or where the defendant lives. Calculate your damages including actual repair costs, rental car expenses, towing and storage fees, and diminished value if applicable. You have three years from the accident date to file your claim.

Yes, California recognizes diminished value claims, which compensate you for the reduction in your vehicle's market value after an accident even when fully repaired. A car with accident history is typically worth less than one without, regardless of repair quality.

To prove diminished value, obtain a pre-accident valuation using Kelley Blue Book or NADA guides, get a post-repair appraisal from a licensed appraiser, calculate the difference, and gather comparable sales data. Some appraisers specialize in diminished value assessments. The amount recoverable depends on the vehicle's age, mileage, severity of damage, and repair quality. Newer vehicles with lower mileage typically have higher diminished value claims. Include diminished value as a separate line item in your damages.

Strong evidence is essential for car accident small claims cases in California. Essential evidence includes:

• Photographs of all vehicles showing damage, the accident scene, road conditions, skid marks, and debris
• Police report or CHP traffic collision report
• Repair estimates from at least two licensed body shops
• Actual repair invoices if work was completed
• Rental car receipts for substitute transportation
• Towing and storage receipts
• Witness statements with contact information
• Insurance correspondence and claims denial letters
• Dashcam footage if available

Organize everything chronologically, label each exhibit, and prepare copies for the judge and defendant.

California follows a pure comparative negligence system, meaning fault can be divided among multiple parties and you can recover damages even if you were partially at fault. Your recovery is reduced by your percentage of fault. For example, if you suffered $10,000 in damages but were 20% at fault, you can recover $8,000.

Evidence used to determine fault includes police reports, witness statements, physical evidence like skid marks and vehicle damage locations, traffic citations issued at the scene, photographs, and expert accident reconstruction. Common factors indicating fault include traffic violations, following too closely, failure to yield, distracted driving, and unsafe lane changes. In small claims court, the judge will assess the evidence and assign fault percentages.

Whether you can sue after receiving an insurance payment depends on what you signed and what damages remain uncompensated. If you signed a full release of all claims when accepting the insurance payment, you likely cannot sue for additional amounts related to that accident. Carefully review any documents you signed.

However, you may be able to sue if you only released claims against the insurance company (not the individual driver), your release covered only property damage but you have additional injury claims, you have damages not covered by the payment (such as diminished value or your deductible), or you didn't sign a full release. Review your settlement documents carefully before filing suit.

If you paid a deductible to have your car repaired under your own collision coverage, you can sue the at-fault driver in small claims court to recover that amount. Your insurance deductible is a legitimate damage caused by the other driver's negligence.

To recover your deductible, gather evidence proving the other driver was at fault, document that you paid the deductible with receipts or bank statements, obtain a letter from your insurance company confirming the deductible amount, and file your small claims case against the at-fault driver directly. Your insurance company may also be pursuing subrogation; coordinate to avoid duplicating claims. If your insurer successfully subrogates, they should reimburse your deductible from amounts recovered.

When a car is totaled (repair costs exceed the vehicle's value), California law entitles you to the fair market value of your vehicle immediately before the accident, not the cost to repair it. To calculate fair market value:

• Research comparable vehicles using Kelley Blue Book, NADA guides, and local listings
• Document your vehicle's specific features and condition
• Obtain a professional appraisal if the amount is significant

Your total damages include fair market value (minus salvage if you kept the car), sales tax on a replacement vehicle, registration transfer fees, towing and storage costs, and rental car expenses. If the insurance valuation seems low, challenge it with your own research and comparable sales data.

Yes, you can recover reasonable rental car costs in California small claims court as part of your accident damages. The at-fault driver is responsible for providing substitute transportation. Recoverable rental expenses include the daily rental rate for a comparable vehicle, the rental period limited to reasonable repair time, and related costs like fuel charges.

However, you have a duty to mitigate damages, meaning you should choose a reasonably priced rental and not delay repairs unnecessarily. Bring rental receipts showing dates, daily rates, and total cost, repair shop estimates showing expected repair duration, and evidence of when you dropped off and picked up your vehicle. Courts generally award rental costs for the reasonable time needed for repairs.

Suing a hit-and-run driver who damaged your parked car requires first identifying them. To identify an unknown hit-and-run driver:

• File a police report immediately - police may investigate
• Check for witnesses who may have seen the incident
• Look for nearby security cameras at businesses or residences
• Post on neighborhood social media groups
• Check your own dashcam if you have parking mode

Once identified, gather evidence of the damage and their responsibility. If you cannot identify the driver, you may need to rely on your own uninsured motorist property damage coverage or collision coverage. If identified later, you can sue to recover your deductible and any uncompensated damages.

Deciding between insurance and small claims court depends on several factors. Consider using insurance when you have collision coverage and want faster resolution, the damage is significant, the at-fault driver is uninsured, or you're uncertain about proving fault.

Consider small claims court when the damage is less than your deductible, you want to avoid potential premium increases, insurance offers less than actual damages, you want to recover damages insurance doesn't cover (like diminished value), or the at-fault driver is clearly liable. You can use both approaches: file with insurance for immediate repairs, then sue to recover your deductible and uncovered damages. Consider the time and effort of litigation versus the convenience of insurance claims.