types of damages in the 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, the infrequent subject of the Small Claims Court lawsuits. It is so for many reasons, including the fact that such injuries usually result in more than $35,000 in damage. But, for the most part, the car accident matters in the Small Claims Court deal with physical damages 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 for the cost of repair. It must be noted that usually, the insurance company 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 point of view, 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.
