What exactly can be collected through small claims?

Someone backed into my car in a parking lot. Both parties were present. She denied fault, but was given a ticket by an officer after a surveillance tape proved she did it. (School property and the officer was on duty at the school). She is 18, but her dad owned the car and his insurance denied the claim. Her ticket was not dropped and she has to take a driving class as part of her guilty plea.

Do I take both her and her dad to small claims to collect the $800 in damage to my car? And since it has been 6 months and quite a hassle with phone calls and losing time from work to get estimates, phone calling and now to file a claim against them, can I collect $100 for inconvenience (or what else would you call it?). I know they will have to pay court costs plus for the damage.

A lawyer told me it was pretty cut & dry and it wouldn't be worth the expense of hiring him since it's a gamble as to them being made to pay for my lawyer fee also. So I'm doing this on my own.

You should sue both the owner and driver of the car. You can collect all your damages that you can prove, with the exception of damages that you could have mitigated on your own.

You can get the $800 in damage to your car, court costs, and if you had no choice but to miss work to get those estimates, than you can also get compensation for missed work.

If you had no bodily injury, you cannot collect any money for what is called "general damages" (pain, inconvenice, stress, etc.).

Hopefully you have a good insurance company. I had this happen and State Farm (my insurance company) got involved and got the Son, who hit my vehicle and his Dad, who owned the vehicle driven Drivers licenses suspended until the debt was paid. You may want to try contacting the court where she plead guilty and ask the judge to take action for the debt.

you can collect the damages and court costs, and maybe lost wages or other costs in pursuit of it. no problem asking for it, the worst the court can say is no. But if you don't ask, they won't throw it in later on their own.

You don't name your State, and small claims law is State specific.

In 'most' States, though, all you can recover in Small claims is actual damages, court costs and filing fees, and process servers fees.

In a few States the court 'may' award layers fees, (and it sounds like you're in one of those from what your lawyer says), but he's righjt - it's always a gamble.

Lost wages etc are not recoverable, I'm afraid.

Yes, go ahead and sue both the driver and the car owner.

Richard