Legal Question in Bankruptcy in Illinois

I received a summons to appear in court because I am being sued for 15,000 dollars for a traffic accident I had gotten into without insurance. Initially the insurance company sent me a bill for 5,700. They then offered to settle for 3,800. I didn't act on their offer and now they somehow got a number at 15,000. The reason I'm writing is because there are many circumstances to this.

1. I was charged with DUI, Leaving the scene of a accident, no insurance, and running a red light.

2. In court The DUI was dropped, the leaving the scene was dropped. It's important I mention both those tickets were completely dropped, on those counts I did not plead to a lesser offense. The running the red light was upgraded to wreckless driving (part of plea deal), and I did get the ticket for no insurance. I received Court Supervision.

3. The accident occurred on August 18th 2008, the lawsuit was filed on Sept 22, 2010.

I did not take a field sobriety test, nor a breathalyzer. When asked questions at the police station I stated I wished to remain silent for every question asked (where was I, how much did I have to drink etc)

I initially left the scene because I was involved in a accident with a Biker who was traveling in a pack of other bikers who got off their bikes and ran towards my car. I drove away, pulled my car over voluntarily about 1 block away and waited for police. So everyone involved in the accident as far as witnesses did not get a chance to personally witness me to testify if I looked or acted drunk or not. In the police station I sat quietly while on camera, sitting upright, never used the restroom in 6 hours and really gave no visual evidence of acting drunk.

OK now all that being said. After researching I believe in IL they can not sue me for any personal injury damages because it's past 2 years for SOL. The property damage was a 1997 Harley sport that Blue Book Value in 2008 was 3,800. So what are my options? I"m hoping to ask them to settle at about 3,000 (which is what I can afford without ruining me financially). If they will not accept this can you give me advice on (assuming all the details I gave you are 100% true) if I will have any issues declaring bankruptcy (chapter 11 preferably). I assume the lawyer will obviously try to stop this, but without hard evidence of me actually being drunk would he have a realistic♠ chance of getting the debt non-dischargeable?


Asked on 10/05/10, 1:17 am

1 Answer from Attorneys
Stephen Messutta

You may have blown every chance you had to defend yourself. Get a lawyer now; you've dug about as deep of a hole as you could pro se.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.

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Answered on 10/12/10, 6:55 am


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