Q: How to defend myself in small claims suit for auto accident where I was at fault?

A: Your insurance company was required to get a full release. Report this new lawsuit to the insurance company for them to handle.

A: Turn the papers over to your insurance carrier without further delay (make a copy for your own files). They should handle it. If they obtained a release from the claimant, the first thing your carrier will probably do is to see if that release disqualifies this subsequent claim. In either event, they should handle defending the matter. Good luck

A: In your situation, it's important to first gather all the details related to the accident and any settlement or payments made by your insurance. Since your insurance already provided a settlement, you should check the terms of that settlement to see if it covers this claim or limits your liability. It might also be useful to bring any documentation showing your financial situation, including your recent bankruptcy discharge, to show the court that you don't have the ability to pay.

When you go to small claims court, you can explain your financial hardship and provide proof of your limited assets. Small claims courts tend to consider practical outcomes, and if you can show that even if a judgment is made against you, you don’t have the means to pay, the court may take that into account. Additionally, make sure to highlight that your insurance already provided a settlement to this person, and clarify that you cannot afford any further payment.

Finally, if you lose the case, the court may order you to pay, but it’s possible that you could negotiate a payment plan based on what you can realistically afford. Stay calm and focused on presenting the facts clearly.