Types of Damages in Car Accident Cases
Personally, I do not know any driver who has never been in a car accident. So, as one might expect, small claims related to car accidents are widespread in the Small Claims Court. But, of course, not all car accident cases end up in the Small Claims Court. Several factors must come together to make pursuing such damages through a small claim reasonable.
Personal injuries sustained by drivers and passengers are, for example, an infrequent subject of Small Claims Court lawsuits. This is the case for several reasons, including the fact that such injuries typically result in damages exceeding $50,000. However, for the most part, car accident matters in the Small Claims Court usually involve physical damage to the car.
The Insurance Company Claims in the Name of the Driver
The insurance company of the at-fault driver generally provides coverage to repair the other damaged car. However, there are situations where the at-fault driver has no insurance. In these cases, the insurance company of the driver who was not at fault would sue the at-fault driver directly in the Small Claims Court. Generally, such lawsuits are filed to cover the cost of repair. It is worth noting that the insurance company typically initiates and pursues the claim. However, it will be the owner of the damaged car who will be named as the plaintiff. The defendant, accordingly, will be the at-fault, uninsured driver.
Defences
In such cases, the mere fact that the defendant did not have insurance is not the ground for her/his liability to repair or replace the plaintiff’s car. There are several defences available to the uninsured driver.
No-fault defence
Proving that the accident was not the defendant’s fault. If the defendant can show that she is not actually at fault for the accident, she may avoid liability.
Contributory damages
Show contributory negligence on the part of the plaintiff. This means showing that while the defendant may have some responsibility for the accident, the plaintiff’s actions contributed to the accident, as well. Contributory negligence is based on the Negligence Act. In case of contributory negligence, the Small Claims Court may partially or even fully relieve the defendant from the liability for the damages to the plaintiff’s car. From this perspective, the traffic charges and/or convictions entered against one or both drivers may play a significant role in the course of Small Claims Court litigation. This is because they are credible evidence to suggest the extent of the parties’ fault for the accident.
Exaggerated Damages
Finally, the defendant may claim that damages are exaggerated. This type of defence would not dispute the extent of the defendant’s fault for the accident. However, it would aim to reduce the amount of the claim. Here, the defendant would attempt to show that the amount of the claim is more than the reasonable amount to fix or replace the plaintiff’s car.
As you can see, Small Claims Court claims related to car accidents are interesting and also complex. They often lie at the intersection of insurance, traffic and negligence law. The Small Claims Court is often the best avenue for addressing situations where one of the drivers had no insurance.
Don’t hesitate to get in touch with Spectrum Paralega if you face an insurance company’s claim resulting from a car accident.
