In a small claims court case related to a car accident, you generally sue the at-fault driver and not their insurance company. Insurance companies are typically not named directly in small claims lawsuits because they operate as a third-party payer based on the terms of the insurance policy between them and the insured driver.
The at-fault driver is the person who directly caused the damage to you or your property through negligence or a breach of duty, and the obligation to compensate or remedy the harm generally lies with them. While the driver’s insurance company might be responsible for paying out claims, your initial legal claim is against the driver directly responsible for the incident.
If your claim is successful, the at-fault driver’s insurance may fulfill the judgment if the driver is covered for such damages under their policy. It is usually advisable to notify the driver’s insurance company about your claim and attempt to settle the matter outside of court, which might be quicker and less costly. However, if a settlement cannot be reached, pursuing the driver in small claims court is the next step for obtaining compensation. Always ensure you gather evidence to support your case, such as police reports, witness statements, photographs, and repair estimates.
