Legal Question in Civil Litigation in California
Financial limit Small Claims Court
Question: Can someone take another party to Small Claims Court for an amount under $80.00 (minor traffic accident) (I do have insurance,however,my deductible is $500 and my carrier will not pay the claim. The other party states, the accident was my fault, however, I had possession of the lane before the other party came over into my lane..Thank You for your help. Robert
2 Answers from Attorneys
Re: Financial limit Small Claims Court
Small claims court can decide a dispute over any amount up to $5,000, so this case can be brought there.
Re: Financial limit Small Claims Court
The question is, do you want to spend your time litigating such a relatively small amount? You will have to pay your filing fee, someone to serve the documents on the other party, and miss work to appear in court. If you lose, you will be out all of that money as well. Of course, it's wholly your decision.