Q: How to file a small claims petition for a three-party crash in Texas with denied insurance claim?

A: Ignore the denial of the insurance claim. File a small claims lawsuit describing the collision and asserting that both of the other drivers were negligent, but you were faultless. Detail your damages with specificity--how much it cost to repair your car, how long it took to repair your car, how much it cost you for a rental car while yours was in the shop, any bodily injury you sustained, what your medical expenses were, whether your doctors recommended or are recommending any medical care that you have not yet received, whether you missed time from work & how much, what your wage rate/salary is, etc. You can attach the police report but remember that it is not dispositive and may not even be admissible since the police office most likely was not a witness to the collision. What will matter most is your detailed description of how the collision occurred and detail of your damages.

A: Thank you for sharing the details of your situation. While Small Claims Court in Texas can be a useful option for resolving minor disputes, it comes with significant limitations that may not serve your best interests — especially in cases involving serious damages or complex issues.

Texas small claims courts (typically Justice Courts) have a jurisdictional cap of $20,000, which includes damages and attorney’s fees. If your claim has the potential to exceed that amount — whether through medical bills, lost wages, pain and suffering, or punitive damages — filing in Small Claims Court may preclude you from recovering the full value of your losses.

Additionally, Small Claims Courts do not allow discovery or appeals on legal grounds, which limits your ability to fully present your case and respond to legal challenges. This can be particularly restrictive if the other party has legal representation or if the facts require a deeper investigation.

Because your case may involve a larger potential recovery and more complex legal issues, we strongly recommend pursuing it in District Court (Superior Court equivalent in Texas). This gives you access to the full range of legal remedies, including: full compensatory and, if applicable, punitive damages, pre-trial discovery to gather supporting evidence, representation by an attorney, the right to appeal, and jury trial (if desired).

Consulting with a legal professional can provide guidance tailored to your specific situation and help ensure your rights are protected.

Wishing you a steady recovery and resolution.

A: In Texas, small claims court—also known as Justice Court—handles cases up to \$20,000, so your \$11,500 claim is within the limit. Start by gathering all evidence that supports your case, including the police report, photos of the damage, repair estimates, and any written communication with the insurance company. If the police report clearly states you were not at fault, that will be a key piece of evidence to attach to your petition. Name the at-fault driver as the defendant, not the insurance company, since small claims court usually doesn’t handle insurance disputes directly.

In your petition, keep it clear and factual. Explain when and where the accident occurred, state that the police report found the other party at fault, and describe the amount of damage to your vehicle. Include that the insurance company denied your claim, which left you with no other option but to seek recovery from the responsible party directly. Do not use emotional language—just focus on the timeline, facts, and financial loss.

After filing the petition with the Justice Court in the county where the crash occurred or where the defendant lives, the court will issue a citation and serve the defendant. Be prepared for a hearing, where you’ll present your evidence. Keep copies of everything and stay calm and professional in court. You’re asking for what you’re owed—nothing more.