Small Claims Court for Car Accidents and Property Damage in California

Your car got rear-ended and the other driver's insurance only covered part of the damage. Or someone's tree fell on your fence and their homeowner's insurance denied the claim. Or a neighbor's dog destroyed your landscaping and they've stopped responding to your calls. These are exactly the situations California small claims court was built for.

This post covers how to build a property damage or car accident case, what you need to prove, how much you can recover, and what evidence will make the difference.

How Much Can You Claim?

For property damage and car accident claims in California small claims:

• Individuals (natural persons): Up to $12,500 per claim (CCP § 116.221)
• Businesses (corporations, LLCs): Up to $6,250 per claim

The limit applies to the total amount you're seeking, not the value of your property. If your car was worth $20,000 and is now totaled, you can only pursue up to $12,500 in small claims. For larger losses, you would need to file in regular civil court.

You can claim: - Repair costs (actual invoices from mechanics or contractors) - Diminished value of a repaired vehicle (this is recognized in California, but requires documentation) - Rental car costs during the repair period - Out-of-pocket expenses directly caused by the damage

You cannot claim pain and suffering in small claims court for most property damage cases — this court handles money recovery, not personal injury damages of the non-economic kind. For personal injury with medical costs, you can recover documented medical expenses but not general pain and suffering damages in the small claims context.

Car Accident Cases: What You Need to Prove

To win a car accident case in California small claims, you need to establish three things:

1. The defendant caused the accident (liability). California is a comparative fault state — if you were partially at fault, your damages may be reduced by your percentage of fault. You need to show the other driver's negligence caused the collision.

Evidence for liability: - The police report (if one was filed) — officers who investigated the scene often assign fault - Photos of the scene taken immediately after the accident, showing vehicle positions, skid marks, and damage - Witness statements — names, contact information, and a written summary of what they observed - Traffic camera or dashcam footage if available - The other driver's admission (texts, recorded statements) if they admitted fault

2. The amount of your damages. You must prove what the repair actually cost, or what it will cost. - Get at least one written repair estimate from a licensed auto repair shop - Keep all repair invoices and payment receipts - For diminished value: an appraisal from a qualified appraiser showing the post-repair value is lower than the pre-accident fair market value - For rental cars: receipts from the rental company, limited to the duration of repairs

3. The defendant is the right person to sue. If the at-fault driver was driving someone else's car, you may have claims against both the driver (for negligence) and the vehicle owner (under California's "permissive use" doctrine, which makes car owners liable when they allow someone to drive their vehicle negligently). Look up vehicle registration if needed.

Property Damage Cases: What You Need to Prove

For non-vehicle property damage — your fence, your house, your personal property:

Liability: Prove the defendant was responsible. - Negligence: they failed to act reasonably (a landlord who refused to fix a leaking roof despite repeated requests, causing damage to your belongings) - Intentional act: someone deliberately damaged your property - Strict liability: certain activities (keeping dangerous animals, certain types of construction) create liability regardless of intent

Damages: Document the loss. - For repairable property: written repair estimates and actual invoices - For irreplaceable or difficult-to-replace items: receipts, appraisals, or comparable sales data showing market value - Before-and-after photographs are essential

For tree damage specifically: California courts have held that a property owner can be liable for tree damage if they knew or should have known the tree was diseased, dead, or structurally compromised. Evidence of prior notification to the neighbor (a letter or text saying "your tree looks unstable") combined with damage documentation makes a strong case.

Special Rules for Insurance Situations

If the defendant has insurance: Most property damage claims go through insurance first. California law does not require you to resolve insurance claims before filing in small claims. However: - If insurance paid part of the claim and you want the remainder, clearly document what was paid and what remains outstanding - If you received a settlement and signed a release, you cannot sue for additional amounts — read any insurance settlement agreement carefully before signing - Insurance companies (as opposed to the policyholder) can be difficult to sue directly in small claims; typically you sue the individual who caused the damage

Uninsured drivers: California requires drivers to have minimum liability insurance. If the at-fault driver is uninsured, you may also have a claim under your own uninsured motorist coverage. Filing a small claims case against an uninsured defendant who has no assets can result in a judgment you cannot collect. Research the defendant's ability to pay before filing.

Suing an Out-of-State Driver

If the accident happened in California, you can sue a non-California resident in California small claims court. Service on an out-of-state driver involves California's long-arm statute and Vehicle Code procedures — specifically, you can serve the Director of the California DMV as the agent for the out-of-state driver, and send additional notice to the driver by certified mail. This is more complex than serving a California resident; the small claims advisory service can walk you through the specific steps.

Statute of Limitations

Do not wait too long. California's statute of limitations for property damage claims is 3 years from the date of the damage (CCP § 338). For personal injury claims arising from the same accident, it is 2 years from the date of injury (CCP § 335.1). If you miss these deadlines, your case will be dismissed regardless of its merits.

Building Your Case: Evidence Checklist

Bring three copies of each: - Photos of the damage (taken as soon as possible after the incident) - The police report or incident report (if one exists) - Written repair estimates or invoices - Rental car receipts (if applicable) - Correspondence with the defendant or their insurance company - Any witness information - A one-page timeline of events

At the hearing, state clearly: what happened, when, who is responsible, and how much it cost you. Let your documentation do the heavy lifting.

Getting the Complete Process Right

Property damage and car accident cases have specific evidentiary requirements that trip up self-represented plaintiffs — particularly around proving the value of damages and establishing the correct defendant. The California Small Claims Court Filing Guide covers all of it: demand letters, form instructions, evidence standards, and what to do after you win to actually collect the money.

Get the California Small Claims Court Filing Guide