How to Defend Car Accident Claims in Small Claims Court

Car accidents are a relatively common cause of action in Small Claims Court.
Usually, car accident cases come to Small Claims Court when one of the drivers involved had no insurance. So the insurance companies can’t address the matter between themselves.
If this is the case, the insured driver’s insurance company would typically file what’s called a “subrogated claim” against the uninsured person.
This means that formally, the plaintiff (claimant) is the individual driver. However, the driver’s insurance company handles the substance of the matter.
The insurance company files the claim to recover the compensation it paid for car loss or repair (up to $35,000). It usually does it in a situation where it believes that the uninsured driver was at fault.

It is a common fear that being without insurance at the time of accident makes the uninsured driver automatically liable for the damages to another car.
In reality, however, the Small Claims Court will consider several issues before deciding whether the uninsured defendant must, in fact, compensate the other driver.

The first and most important issue is who is at fault for the car accident.
There is no presumption that the uninsured person caused the accident. If the other driver’s at fault, the uninsured defendant will not be liable.
The court may consider any fact related to the accident. To this end, persuasively presenting a wide variety of evidence is important here.
Where available, the Small Claims Court will consider the testimony of both drivers, passengers, independent witnesses and police officers. It will also look at the police accident report, expert opinions, photographs and other materials the parties may bring.
If the Small Claims Court finds the defendant was not at fault for the car accident, it is likely to dismiss the plaintiff’s claim in its entirety.

The Small Claims Court may come to the general conclusion that the car accident was the defendant’s fault. However, this does not mean that the defendant loses the case.
First, the defendant can raise a defence of “contributory negligence.” The defendant can establish this defence with sufficient evidence. The evidence must show that although the defendant was at fault, the plaintiff did something that contributed to the occurrence or seriousness of the accident.
For example, the plaintiff had kept their own vehicle in disrepair, which made the accident worse than it should have been and resulted in more damages.
If the defendant proves that, then the court may significantly reduce the amount the defendant must compensate for car loss or damage. The court does so to reflect that the plaintiff is partially to blame for his or her own loss.

The defendant can challenge the amount of damages which the plaintiff claims in itself.
To receive compensation, the plaintiff must prove the exact extent of losses he or she suffered.
With this in mind, the defendant can challenge the amount the insurance company spent on vehicle repair. She or he can do that in one of the following ways:
- showing that the plaintiff could repair her/his car for a smaller amount,
- proving that some repairs weren’t necessary, and, finally,
- proving that damages weren’t actually the result of the car accident at issue in the case.

Read more about car accident cases in Small Claims Court here.

If an insurance company is suing you in small claims court via a subrogated claim, please do not hesitate to contact us for a free case assessment!

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