Can I sue for a car accident in small claims court in Canada?
Yes, for economic damages (vehicle repair, rental, medical expenses, lost wages). Pain and suffering claims are excluded from Ontario small claims court and require Superior Court. Other provinces have similar restrictions.
Do I need to go through insurance first?
Not necessarily — you can sue the at-fault driver directly in small claims court for amounts your insurance didn't cover (deductible, depreciation, rental gap). However, if your insurer paid out, they may have subrogated your right to sue.
What if the at-fault driver has no insurance?
In Canada, every province has an uninsured motorist program. File a claim with your own insurer under the uninsured automobile coverage, then the insurer may pursue the at-fault driver.