What is the test for the exception to mootness in the context of a claim for damages arising out of a motor vehicle accident?

"Under the 'capable of repetition' prong of the exception to the mootness doctrine, the [P]laintiffs have the burden of showing that there is a reasonable expectation that they will once again be subjected to the challenged activity." Lee v. Schmidt-Wenzel, 766 F.2d 1387, 1390 (9th Cir. 1985). "The exception to mootness for those actions that are capable of repetition, yet evading review, usually is applied to situations involving governmental action where it is feared that the challenged action will be repeated." Id.