Florida Small Claims Court Car Accident and Auto Repair Disputes

A fender-bender where the other driver's insurance lowballs you. A mechanic who charged $3,000 and made the problem worse. A private car sale where the seller hid a blown transmission. Vehicle disputes under $8,000 are a natural fit for Florida small claims court, but they come with a specific form requirement and a shorter statute of limitations that catches people off guard.

Car Accident Claims: Use Form 7.330

Florida has a dedicated small claims form for vehicle collision damage: Form 7.330 (Statement of Claim — Automobile Negligence). This is the form you use when the claim arises from a traffic accident, not the general Form 7.322.

Form 7.330 asks for the date, time, and location of the accident, the vehicles involved, and a description of how the other driver was negligent. Attach the police report, your repair estimate or invoice, and photos of the damage.

One critical deadline: if the accident happened on or after March 24, 2023, you have only 2 years to file under Florida's revised negligence statute of limitations (HB 837). Accidents before that date still have the old 4-year window. If the deadline has passed, the defendant can raise the statute of limitations as a defense, which can bar the claim.

Suing a Mechanic for Bad Repairs

When a mechanic overcharges, does unnecessary work, or damages your vehicle during service, the claim is typically breach of contract or damage to personal property — not automobile negligence. Use Form 7.332 (Work Done and Materials Furnished) or the general Form 7.322.

Before filing, send a written demand letter detailing what you paid, what was supposed to be done, and what went wrong. Give the shop 10–14 days to respond. If the shop is a business, look up its legal name on Sunbiz — you need to sue the registered entity, not just the trade name on the sign.

Your evidence should include:

• The original work order or invoice — showing what was agreed and what you paid
• A second opinion — a written assessment from another mechanic documenting the problem with the original repair, ideally with photos
• Photos or video — of the damage or the shoddy work
• Communications — texts or emails with the shop, especially any where they acknowledged the issue or refused to fix it

The statute of limitations for breach of a written repair contract is 5 years; for an oral agreement, it is 4 years. Property damage to the vehicle from the mechanic's negligence carries a 4-year limit (2 years if negligence occurred on or after March 24, 2023).

Private Car Sale Disputes

If you bought a car from a private seller and it had undisclosed defects, you can sue in small claims court for the cost of repairs or the difference between what you paid and what the car was actually worth. Private sales in Florida are generally "as-is," but a seller who actively concealed a known defect (like rolling back the odometer or hiding flood damage) can be liable for fraud.

The statute of limitations for fraud is 4 years from the date of discovery, with a 12-year outer repose limit under Fla. Stat. § 95.031.

Attach the bill of sale, any listing where the seller described the vehicle's condition, communications where defects were discussed (or conspicuously not disclosed), and a mechanic's report documenting the hidden problems.

Where to File

File in the county where the accident occurred, where the mechanic's shop is located, or where the defendant lives. If those are different counties, you can choose — but pick the one that is most convenient and clearly proper under Florida's venue rules.

The Full Process

For the complete filing procedure — from demand letter through hearing and judgment collection — see the Florida Small Claims Filing Guide. It includes a fee worksheet covering the statewide base filing fees ($55 to $175), service costs, and a deadline calendar for tracking your statute of limitations.

See more Florida guides →