Legal Question in Personal Injury in Illinois

I was in a car accident where a man went around me into oncoming traffic to pass me on the left while I was making a left hand turn into a drive way. He did some damage to my Nissan Sentra of about 3K. He did damage to his Porsche of about 5K. I did not have insurance. His insurance company, Chubb insurance, found me to be at 51% fault and will not pay to fix my car. I sued the gentleman, after 8 months, finally got him served, and I just received a phone call from his lawyer that she filed an emergency motion for next week. I can show up, but now I am concerned I'm going to be torn down with motion after motion because this man has the money to do that. He is the type of guy who would spend 100K for a lawyer to keep from paying 3K to fix my car. I am representing myself, I do not have any law background. I have estimates of the damage, and the police report which says "driver one hit driver two" he is driver one. His lawyer emailed me a copy of the motion. It asks that the "trial date" be moved from December 27th to January 5th. Now, I am confident in my ability to win the case. It is fairly black and white. I am concerned though, because I have been waiting months for this to come to trial and now they are trying to push it back again. What can I say to the judge to get him to deny this motion and go forth with the original trial date on the 27th of December?


Asked on 12/16/11, 2:40 pm

1 Answer from Attorneys
Stephen Messutta

After 8 months the opposing side and counsel want time to review the case and prepare for a defense if they just got served, and the most likely outcome of this request for a very nominal extension, is that the judge will grant a motion to delay the trial date, unless there is some extreme prejudice to you, and you have given no facts that would suggest that a short date would create that prejudice.

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Answered on 12/17/11, 7:00 am


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