Legal Question in Personal Injury in Illinois

Countersuit

I was involved in a car accident. The other driver failed to yield (and was ticketed as such) which caused me to hit her (totaled my car - hers also, I believe).

Both myself and a passenger in her car were taken by ambulance to the hospital. She was treated for, basically, a broken leg.

I, unfortunately, had been drinking. State Trooper did not feel I was impaired and was not going to ticket me (he stated so in the presence of a witness). He did end up ticketing me for DUI (not arrested, however, and still have my license) because of liability reasons.

The other party filed suit against me for $150,000 (stating there were three injured parties - all minor). In the complaint, it states that I ''sped excessively. I did not - and nowhere in any report was speeding mentioned. I want to countersue (although I'm not injured, came out okay on my car situation, and didn't miss any work). My countersuit it basically to prevent my insurance from skyrocketing AND since the amount is over my insurance coverage (by $50,000) I do not want to potentially be personally liable for the remainder of the settlement.

Is this the course of action I should take? What are the odds this will work in my favor?

1 Answer from Attorneys

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