Small claims · FL
Florida small claims court for diminished value claims
In Florida, small claims cases are heard in County Court (small claims), which handles claims up to $8,000. If an insurer will not pay a diminished value claim and the amount is within the limit, this is where an owner can sue the at-fault driver. You bring the evidence, and the judge decides.
Court
County Court (small claims)
Claim limit
$8,000
Attorneys
Allowed, not required
Deadline to sue
2 years
Florida courts
How small claims court works in Florida
- Claim limit
- $8,000. The Florida Small Claims Rules apply to county court claims for money or property worth no more than $8,000, not counting costs, interest and attorneys' fees. Larger claims (up to $50,000) stay in county court under the regular civil rules. Fla. Sm. Cl. R. 7.010(b).
- Where to file
- File in a county where the event giving rise to the suit occurred or where one or more of the defendants live (the venue rule also lists contract-based options).
- Attorneys
- Parties may appear with or without an attorney, and a business may be represented by a principal or an employee authorized in writing (Rule 7.050(a)(2)).
- Filing fee
- Set by the court and often by county. Check the court’s fee schedule before you file.
- Appeals
- Either side may seek review of the judgment under the Florida Rules of Appellate Procedure; it is a review of the record, not a new trial, and a business cannot be represented by a non-attorney on appeal.
Florida Courts: DIY Florida (Small Claims Statement of Claim, including auto negligence)
Who you sue
Florida's nonjoinder statute bars a suit against the at-fault driver's liability insurer until the claimant first obtains a settlement or verdict against the insured, so the at-fault driver (or vehicle owner) is the defendant, not the insurer (Fla. Stat. § 627.4136).
Diminished value law in Florida
A claim against the at-fault driver in Florida: allowed by case law. The general deadline to sue for vehicle property damage is 2 years (Fla. Stat. § 95.11(5)(a)). The cases and statutes are on the Florida diminished value page.
What to bring
See using an appraisal in small claims court for the evidence list and what to ask the County Court (small claims) clerk.
Sources
- Fla. Sm. Cl. R. 7.010(b)
- Florida Courts: DIY Florida (Small Claims Statement of Claim, including auto negligence)
- Fla. Stat. § 95.11(5)(a)
Researched October 11, 2026. General information from an appraisal perspective, not legal advice.
Evidence
An appraisal for a Florida claim
A Florida diminished-value appraisal is typically $250–$350 and comes with a custom demand letter. Autoloss is not a law firm and does not represent you in court.
Florida small claims questions
What is the small claims limit in Florida?
$8,000 in County Court (small claims). The Florida Small Claims Rules apply to county court claims for money or property worth no more than $8,000, not counting costs, interest and attorneys' fees. Larger claims (up to $50,000) stay in county court under the regular civil rules.
Do I need a lawyer for small claims court in Florida?
Parties may appear with or without an attorney, and a business may be represented by a principal or an employee authorized in writing (Rule 7.050(a)(2)).
How long do I have to sue in Florida?
Florida generally allows 2 years to sue for vehicle property damage (Fla. Stat. § 95.11(5)(a)). Talking with the insurer does not pause the deadline.
Can a Florida small claims decision be appealed?
Either side may seek review of the judgment under the Florida Rules of Appellate Procedure; it is a review of the record, not a new trial, and a business cannot be represented by a non-attorney on appeal.
Taking a Florida claim to court?
The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.