An Individual/natural person filing for damages for bodily injury resulting from a car accident.
Covered by an automobile insurance policy that includes a duty to defend.
If you have a claim greater than these amounts, you may sue in the Civil
division or you may sue in the Small Claims Court. If you chose the Small
Claims Court, you give up your right to the amount that is greater then the
maximum amounts shown above. Just remember that if you waive[G]
the rest of your claim your right to collect the original amount is lost
You may only file 2 cases each year for more than $2,500.00.
Can someone else represent me?
If you are under 18 or have been declared mentally incompetent by a court you
may be represented by a guardian ad litem[G].
If you are a minor, this person is usually a parent. If the court decides that
you are unable to properly present your claim or defense[G]
for any reason, the court may allow another person to help you. The person who helps you cannot be an attorney.
You usually cannot send anyone else to represent you in court if you are
involved in a Small Claims case. There are a few exceptions to the rule that
you must represent yourself.
If you are:
You may be represented by:
A regular employee if the claim can be proved by
account information and the employee has knowledge of the account
One of the partners
An employee, officer, or director if they have not
been hired just to represent the corporation in court
Military Service Member
Another person. You will need to submit
declarations to support your claim or defense and meet the following
You are serving on active duty in the armed forces
Were assigned to your duty station after case was started
Your assignment is for more than 6 months
Can a lawyer come to court with me?
You cannot have a lawyer to represent you in court. A lawyer may be able to
advise and assist you before or after filing your claim. You may decide to talk
to a lawyer if you feel it would be cost-effective and after considering the
amount of the claim and the kinds of issues involved. Except in rare instances,
fees charged by the lawyer for private assistance are not recoverable as court
What kinds of cases go to Small Claims
There are many kinds of cases that can be filed in Small Claims Court. Some
Your former landlord refuses to return your security deposit
Someone dents your car and refuses to pay for repairs
A store refuses to fix or replace your new TV that does not work
Your tenant caused damage to an apartment that cost more than the security
You were cheated when you bought a car and want your money back
A friend asked for a loan and refuses to pay you back
What are the time limits to file a
Most claims must be filed within a set time limit or statute of limitations[G].
Here are some examples of various statutes of limitations:
You are suing because:
You have this long to file:
You got hurt
2 years from the date of the injury or the date it
is discovered. A minor has 2 years from his or her 18th birthday to file a
A spoken agreement was broken
2 years to file after the agreement was broken.
A written agreement was broken
3 years to file after your property was damaged.
You lost money because someone lied to you or
tricked you on purpose
3 years to file after you find out about the fraud[G].
It's not easy to figure out if it's too late to file. If you're not sure, file
your case and let the judge decide.