Getting into a car accident that wasn’t your fault can leave you out of pocket, but it shouldn’t have to. According to Pro-Care Medical Centers, more than 560,000 car accidents occurred in Texas in 2023, but not all cases involve multi-million-dollar sums.
For these types of cases, there’s small claims court. These courts are less formal, more straightforward, and more accessible. Understanding how the process works and when to use them gives car accident victims more clarity on their options. Here’s what you should know about using Texas small claims courts.
If your case is more complex or involves serious injuries, consulting an Austin car accident attorney can help you explore legal options beyond small claims court.
Key Takeaways
Texas small claims court is designed for cases worth $20,000 or less.
Small claims court aims to make the justice system more accessible by simplifying procedures and slashing the timelines. It also allows many plaintiffs and defendants to represent themselves.
All small claims court lawsuits must be filed in the county where the defendant lives or where the car accident occurred to establish jurisdiction.
The cost of filing a lawsuit in small claims court varies based on the county, but most courts levy fees of under $100. For more information, contact the court’s clerk in the county where you want to file your case.
Plaintiffs may claim for all economic and non-economic damages up to a total value of $20,000, including attorney fees.
Although small claims court enables you to represent yourself, it’s still recommended that you work with a personal injury lawyer to gather evidence, build your case, and navigate the court process.
When is a Small Claims Court Used in Texas Car Accident Cases?
Small claims court is used in car accident cases where the potential award is relatively low. Currently, Section 27.031 of the Texas Government Code sets the maximum small claims court limit at $20,000, so if your case is estimated to be worth less than this figure, that’s where you’ll file your personal injury lawsuit.
Technically speaking, most auto accident cases would qualify for small claims court. According to a Forbes report, the average auto claim for bodily injury was just $26,501. Of course, you’re not bound to go through small claims court, but it’s usually recommended.
Small claims court is typically faster and more affordable because the process bypasses many of the usual complexities and formalities of higher courts. Naturally, it’s best to discuss your options with an experienced car accident attorney to decide where to file your lawsuit.
Understanding Small Claims Court in Texas
Small claims in Texas are handled by what’s known as Justice of the Peace Courts, known as justice courts. The purpose of these courts is to provide a streamlined route to justice without the complexities associated with higher courts. Moreover, it provides an option for people who don’t want to use formal legal counsel.
In short, justice courts are designed to provide quick judgments without the immense cost of other courts. In many ways, it’s a system credited with widening access to the state’s justice system.
In Texas, small claims court can handle any civil case involving sums of $20,000 or less (including attorney fees). The most common cases include:
Car accident claims
Unpaid debts
Property damage
Breach of contract
Eviction cases
Small Claims Courts vs. Higher Courts
Small claims courts differ in most cases from the various higher courts that make up the Texas justice system, including in terms of formality, procedures, discovery, and representation. Here’s more information on each aspect:
Formality – These courts aren’t as formal, making the justice system more accessible to ordinary Texans. They exist in every county, meaning you don’t have to worry about traveling to the big city.
Procedures – Civil procedure differs in the justice courts, with most rules simplified to make the process easier to get your head around.
Discovery – The discovery process is entirely limited to the judge's discretion.
Representation – You can bring your own legal professional to represent you in small claims court (highly recommended), but you’re not required to. It’s pretty common for plaintiffs to represent themselves.
What Damages Can I Claim in Small Claims Court?
Small claims court enables you to claim any damages up to a maximum of $20,000. Some of the damages you can claim include:
Medical costs
Lost wages
Property damage
Deciding how much you want to claim for is complicated, which is where an attorney proves their worth. Getting a case valuation from a legal professional will help you to understand what you can claim for and how much your case could be worth collectively.
Eligibility for Filing a Claim After a Car Accident
Eligibility for filing a claim in small claims court is relatively straightforward. The maximum amount you can sue someone for is $20,000 in small claims court, which includes attorney fees. Moreover, any individual or legal entity is eligible to file a claim, with some exceptions, such as collection agencies.
You must also file at an appropriate venue. Examples of what qualifies include:
Where the defendant lives.
Where your car accident happened.
Other than these requirements, the Texas statute of limitations is the only other issue to consider. According to Texas state law, car wreck cases have a two-year statute of limitations. The two-year limit starts from the day of your accident. If you haven’t filed before the limit elapses, you cannot sue the at-fault party.
What to Do Before Filing a Claim
Before filing a claim, consider whether you’ve built an appropriate case. Ensure you’ve gathered sufficient evidence and pursued eyewitnesses before formally filing your case. Remember, a small claims court case isn’t the first step. It’s the next step after attempting to settle outside of court with the at-fault driver’s insurer.
Here are some of the types of evidence that you can use to support your car accident claim:
Photos of the accident scene.
Medical documentation
Dashcam footage
Official police report
Eyewitness statements
Expert witness testimony
In any personal injury case, you can never have too much evidence. And this is where so many cases fall apart. According to the Court Statistics Project, 38% of cases in small claims court are outright dismissed.
Why gather evidence before you think about filing a claim? This same evidence is used to attempt to win an out-of-court settlement with the at-fault driver’s insurance company. The goal is to show that you’ve got a watertight case and it’s neither worth the time nor the expense for the insurer to endure a lawsuit.
Simply put, working to settle out of court saves you time, gets a settlement sooner, and avoids the stress and trauma of negotiating the Texas court system.
Filing a Claim in Small Claims Court – A Step-by-Step Guide
Filing a claim in small claims court requires nothing more than a few forms and piecing together your evidence. Despite the process being less formal, even small claims court still has procedures that must be followed. That’s why working with an experienced personal injury lawyer to manage your case is often easier and more convenient.
If you’re ready to file your claim, here’s how to do it:
File Your Claim – File your claim with the small claims court in the defendant's county or where the accident occurs. Your claim form should include your name, the defendant’s name, a brief explanation, how much you’re claiming, and your signature. Filing fees differ based on the county, ranging from $45 to $75.
Serve Notice – The next step is to serve the defendant with a citation with a copy of the claim. You must give it to them in person or through registered/certified mail. You can have the court clerk handle this for an extra fee.
Prepare Your Case – Once served, it’s time to prepare for court. You’ll already have a court date so use this time to gather and organize your evidence.
Trial – On the day of your hearing, you’ll present your case. As the plaintiff, you’ll present your case first. Like any trial, you’ll set down all the evidence you’ve got to explain to the judge or jury why you’re entitled to the amount you’re seeking.
Judgment – The judge or jury will rule on the case. If you win, the court will send a judgment requiring the defendant to pay the amount they owe.
It all sounds extremely simple – and compared to higher courts, it is – but this doesn’t mean that it shouldn’t be taken with the utmost seriousness. Bear in mind that there’s limited scope for appeals. If your case doesn’t go your way, you’ll have 21 days to appeal the decision, hence why presenting the most compelling case possible is vital the first time round.
The best way to increase your chances of winning your case in small claims court is to hire a personal injury attorney. They understand the system and have the experience to win your case and ensure you’re not left out of pocket because of a negligent driver.
What to Expect During the Hearing
Dealing with court for the first time is intimidating, but small claims court is designed to simplify the process. The hearing procedure follows a defined process, allowing you to prepare for what’s to come.
Firstly, there will be a judge, otherwise known as a Justice of the Peace. There may even be a jury in some cases, but this doesn’t apply to every case. There will also be you, the plaintiff, and the defendant. Both sides may also have a lawyer by their side.
Here’s what the hearing procedure looks like:
Opening Statements – Opening statements consist of the plaintiff and defendant providing a brief overview of their case.
Presentation – The presentation stage is where each side presents their case. The plaintiff always goes first, followed by the defendant.
Questioning – During the questioning stage, each party can conduct direct examination of their own witnesses and cross-examination of the other’s witnesses. The judge may also ask questions for clarification purposes.
Closing Statements – Each party will summarize their arguments, highlighting the most important parts of their testimony one last time.
Judgment – The judge (or jury) will issue a judgment. Simple cases may see an immediate judgment, whereas more complicated cases may receive a judgment at a later date.
Possible Outcomes and Appeals Process
Three possible outcomes exist within the Texas small claims division. The judgment will be in your favor, the defendant’s favor, or the judge will issue a default judgment, such as if the defendant fails to appear, meaning that the case will go in your favor.
In terms of when you get paid after a successful judgment, this depends on the judge. Note that the court isn’t responsible when you want to recover compensation. It’s up to you to initiate the collections process. Texas law states that judgments remain valid for up to ten years.
But what happens if you don’t get the decision you want? Typically, you can only appeal under specific circumstances. According to Texas law, appeals become permissible if the controversy exceeds $250. If eligible, you’ll have to appeal within 21 days of the judgment being signed.
After an appeal, the case will be heard again in the county court as if the original trial hadn’t happened. You’ll have the chance to provide new evidence and testimony. Note that county courts have stricter, more formalized procedures than justice courts. Again, this is where a lawyer comes in useful.
Pros and Cons of Filing in Small Claims Court in Texas
Deciding whether small claims court is right for your car accident claim depends on your circumstances. Every case is unique and not every case is best suited for small claims court. Typically, an attorney will advise on where best to file your case.
If you’re wondering whether small claims court is suited to your case, here’s a breakdown of the pros and cons:
Pros of Filing in Small Claims Court in Texas
Court Filing Fees – Small claims court offers the lowest filing fees of any court, making it the most cost-effective option. Most counties charge less than $100 to file your case.
Effortless Claims – Small claims court is designed for the average person on the street, rather than legal professionals. It’s what makes it so suited to people with no legal training representing themselves.
Quick Resolutions – If you’re worried about spending months in court, small claims court is the place for your case. These courts offer the fastest way to a formal judgment.
No Attorney Required – All plaintiffs and defendants in small claims court have the right to hire an attorney to represent them, but there’s no requirement to do so. This is helpful if you can’t find an attorney to represent you, such as if the other driver has no insurance and no obvious assets to help recover damages.
Cons of Filing in Small Claims Court in Texas
Strict Damage Limits – The maximum amount you can sue someone in small claims court for in the Lone Star State is $20,000. You’ll need to file your case in a higher court, such as a district court, if your case is worth more.
No Extra Assistance – Many claimants in small claims court believe it’s always a more manageable process, so they might be tempted to go it alone. However, the issue is that it can actually be more time-consuming and there’s no extra legal assistance available if you’re unfamiliar with the process.
Collection Difficulties – Small claims court will issue a judgment, but they won’t assist with collecting any owed money. It’s up to plaintiffs to deal with the issue if the other party refuses to pay or vanishes.
Tips for Success in Small Claims Court
The reality is that most car accident claims never make it to small claims court because of the relatively low damage limit of $20,000. However, minor cases with fewer damages involved may still be tried in small claims court.
Succeeding in small claims court requires understanding the legal process and proper planning, so that you don’t enter unprepared. You’re not expected to be a legal professional, but you’re still required to conduct yourself appropriately.
Follow these tips for increasing your chances of success in small claims court:
Collect all relevant evidence and organize it accordingly.
Practice your testimony to ensure you’re prepared for what’s to come.
Formal attire is expected, even in small claims court.
Arrive early and provide yourself with enough time for security checks and to find your way to your allocated courtroom.
Always address the judge as “Your Honor” to show the proper respect.
Take the time to understand court procedures.
Explore settlement options before going to court.
Hire an attorney to guide you through the process.
Prepare for collection options, as this will be on you, not the court.
Win Your Car Accident Claim in Small Claims Court With DJC Law
Thousands of Americans represent themselves in small claims court each year. Yet thousands of Americans also lose their cases that they could have won if they’d had a legal professional by their side.
Attorneys do so much more than file legal paperwork and speak to judges. They collect evidence and build coherent cases to prove that the other driver was at fault and their duty of care breach caused your injuries. With limited scope for appeal, not hiring a lawyer puts your settlement at risk.
Contact DJC Law for your free consultation and partner with the 24/7 Austin-based car accident law firm that has won over $400 million in settlements now.
Texas Small Claims Court FAQs
How long do you have to settle a car accident claim in Texas?
Car accident claims in small claims court follow the same statute of limitations as other courts. You have two years from the date of your accident to file a claim against the at-fault driver, or you will lose the right to claim monetary compensation.
Don’t underestimate how quickly this period can elapse. Two years may sound like a long time, but with all the moving components you might find that time runs out quickly.
What are the limits for small claims court in Texas?
Small claims court will only deal with claims up to a maximum of $20,000. If you believe your case is worth more, consider filing your claim with a higher court. Remember, if you file your case and receive a judgment, you can’t sue the same party again over the same incident for extra compensation, so make your decision wisely.
Who pays small claims court costs?
Generally, the rule is that the loser pays the winner’s legal costs and expenses, including their own. However, the law has recently changed. Cases filed after October 1st, 2023, won’t require that the loser pays all of the winner’s fees. Instead, they’ll only have to pay a fixed amount of their costs.
Luckily, the costs of filing in small claims court are relatively small, so there’s comparatively little risk in choosing to file a lawsuit here.
