That may preclude you from recovering anything for the whiplash that you later recognize was caused by the fender bender. Also, if a passenger in your car later sues you, you may not be able to turn around and sue the other driver. Again, in many cases it may makes sense to consult with an attorney before you bring suit in Small Claims Court. We urge you to be very careful before starting any Small Claims action, and to consider consulting with a lawyer before you do. If so, this can mean that you may not collect on the fender bender, and instead may have to pay the other side's claim for damages to its car.
Limited damages are available.
Every Small Claims Court has a maximum amount it can award. Simplified procedures may hurt you. For example, in Small Claims Court you generally can't get to examine records that may be very important to your case which the other side or third parties have. Limited rights to appeal. What the judge or court appointed arbitrator says is usually final, even if the judge or arbitrator made a serious error in terms of the facts or the law.