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PISSED!!! Please answer...
- Thread starter apie1
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
Yep, he sure can list her as a creditor.
However, if the accident was the result of drugs or alcohol, those debts won't be discharged.
About all I can suggest is your mother see a bk lawyer herself and see if not carrying insurance in Il. is illegal . Debts from fraud and other illegal acts can't be discharged.
Was a ticket issued to the other driver? Was he found to be at fault?
However, if the accident was the result of drugs or alcohol, those debts won't be discharged.
About all I can suggest is your mother see a bk lawyer herself and see if not carrying insurance in Il. is illegal . Debts from fraud and other illegal acts can't be discharged.
Was a ticket issued to the other driver? Was he found to be at fault?
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Who's Liable?
Senior Member
Make sure you explore ALL avenues for this...
Bigun...the guy recieved two tickets, failure to yeild to on-coming traffic and no insurance. He recieved court supervision and a $500.00 ticket for the uninsured accident. According to illinois law, if you are involved in a uninsured accident, you are required to purchase SR-22 insurance and make a agreement to pay back damage that was caused...but then I pulled this paragraph up from the department of motor vehicles...
Bankruptcy
Documentation from the U.S. Bankruptcy Court will release the uninsured motorist from liability as well as clear the suspension (Note: Bankruptcy cannot be accepted in alcohol-related cases, per the U.S. Bankruptcy Code 11 USC 523, item 9).(Authority: 625 ILCS 5/7-211.3)
He filed a no-asset chapter 7 case under the old law and a friend of mine looked at his credit report and he has absoutely nothing...what do you think???
Bankruptcy
Documentation from the U.S. Bankruptcy Court will release the uninsured motorist from liability as well as clear the suspension (Note: Bankruptcy cannot be accepted in alcohol-related cases, per the U.S. Bankruptcy Code 11 USC 523, item 9).(Authority: 625 ILCS 5/7-211.3)
He filed a no-asset chapter 7 case under the old law and a friend of mine looked at his credit report and he has absoutely nothing...what do you think???
Bankruptcy
Documentation from the U.S. Bankruptcy Court will release the uninsured motorist from liability as well as clear the suspension (Note: Bankruptcy cannot be accepted in alcohol-related cases, per the U.S. Bankruptcy Code 11 USC 523, item 9).(Authority: 625 ILCS 5/7-211.3)
That's what I was afraid of. That's pretty much the law in my state as well.
Sounds like your mother is just out of luck. She still has a right to attend the 341 meeting and object.
Your friend needs to stop pulling credit reports without a permissible purpose. If this guy finds out about it {and knowws the law} he could sue your friend for a violation of the Fair Credit Reporting Act.
Documentation from the U.S. Bankruptcy Court will release the uninsured motorist from liability as well as clear the suspension (Note: Bankruptcy cannot be accepted in alcohol-related cases, per the U.S. Bankruptcy Code 11 USC 523, item 9).(Authority: 625 ILCS 5/7-211.3)
That's what I was afraid of. That's pretty much the law in my state as well.
Sounds like your mother is just out of luck. She still has a right to attend the 341 meeting and object.
Your friend needs to stop pulling credit reports without a permissible purpose. If this guy finds out about it {and knowws the law} he could sue your friend for a violation of the Fair Credit Reporting Act.
Bigun...I was afraid of that myself, what can you do. At lease the guy will be screwed for the next ten years! I will pass that message on right away. Thanks again bigun, you seem to be popular on here! One last question and I will stop bothering you...I acutally know somebody that is going through a no-asset case now and has a co-signer on her vehicle...and this may seem like a stupid question but is the co-signer on her vehicle will just be responsible for that debt and that debt only, correct? It is her cousin that signed for her and agreed to take over the payments, I was just a little concerned that he may be repsonsible for her other debt, I don't know...
341 meeting conclusion
well the meeting came and went. My mom went to the meeting to object and it was of no help. My mom stated the trustee even asked the guy did you have car insurance, and he stated no, that he did not realize it had lapsed. Then the trustee basically told him that his case was a no asset case. I checked under the pacer system and the same day the meeting happend was the same day they logged it under his case that the trustee stated it was a no asset case. Anything else my mom can do? My mom called up her insurance company and it seems as if they are not going to bother with it...
well the meeting came and went. My mom went to the meeting to object and it was of no help. My mom stated the trustee even asked the guy did you have car insurance, and he stated no, that he did not realize it had lapsed. Then the trustee basically told him that his case was a no asset case. I checked under the pacer system and the same day the meeting happend was the same day they logged it under his case that the trustee stated it was a no asset case. Anything else my mom can do? My mom called up her insurance company and it seems as if they are not going to bother with it...
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How much does she want to spend to pursue this ??
She can file an Adversary Proceeding to determine dischargeability of the debt, but she's going to need some hard proof that the debt shouldn't be discharged. If insurance IS required by law, then he was driving illegally - she'll need input from the cops and - I suggest - a lawyer.
She can file an Adversary Proceeding to determine dischargeability of the debt, but she's going to need some hard proof that the debt shouldn't be discharged. If insurance IS required by law, then he was driving illegally - she'll need input from the cops and - I suggest - a lawyer.
Well, this is what the DMV has told me about not having auto insurance in Illinois:
If you are stopped for a traffic violation or involved in an accident and issued a traffic ticket and then convicted in court for operating an uninsured vehicle, the conviction is submitted to the secetary of state for license plate suspension. And the penalties are as follows:
-Minimum $500 fine for operating and uninsured vehicle.
-Minimum $1,000 fine for driving a vehicle while the registration is suspended for no insurance.
Complying with the Law
You are in compliance with the mandatory insurance law if you have vehicle liability insurance in the following minimum amounts:
$20,000 - injury or death of one person in an accident
$40,000 - injury or death of more than one person in an accident
$15,000 - damage to property of another person
You must always carry your insurance card in your vehicle and show it upon request by any law enforcement officer. Your insurance company will send you an insurance card, usually when your insurance policy is issued or renewed.
Your signature on the Vehicle Renewal Registration Application affirms that your vehicle will be properly insured throughout the registration period.
But this is what the bankruptcy law states for illinois as well as the DMV:
Bankruptcy
Documentation from the U.S. Bankruptcy Court will release the uninsured motorist from liability as well as clear the suspension (Note: Bankruptcy cannot be accepted in alcohol-related cases, per the U.S. Bankruptcy Code 11 USC 523, item 9).(Authority: 625 ILCS 5/7-211.3)
im assuming the key words there is: release the uninsured from liability as well as clear the suspension.
I am assuming this is why my mom's insurance company wont bother with it. I just figured since he cost them about $19,000.00 of damages they would pursue it. Does anyone know a rough estimate as to how much she would spend if she were to pursue this?
Any last advice or did i pretty much answer my question???
If you are stopped for a traffic violation or involved in an accident and issued a traffic ticket and then convicted in court for operating an uninsured vehicle, the conviction is submitted to the secetary of state for license plate suspension. And the penalties are as follows:
-Minimum $500 fine for operating and uninsured vehicle.
-Minimum $1,000 fine for driving a vehicle while the registration is suspended for no insurance.
Complying with the Law
You are in compliance with the mandatory insurance law if you have vehicle liability insurance in the following minimum amounts:
$20,000 - injury or death of one person in an accident
$40,000 - injury or death of more than one person in an accident
$15,000 - damage to property of another person
You must always carry your insurance card in your vehicle and show it upon request by any law enforcement officer. Your insurance company will send you an insurance card, usually when your insurance policy is issued or renewed.
Your signature on the Vehicle Renewal Registration Application affirms that your vehicle will be properly insured throughout the registration period.
But this is what the bankruptcy law states for illinois as well as the DMV:
Bankruptcy
Documentation from the U.S. Bankruptcy Court will release the uninsured motorist from liability as well as clear the suspension (Note: Bankruptcy cannot be accepted in alcohol-related cases, per the U.S. Bankruptcy Code 11 USC 523, item 9).(Authority: 625 ILCS 5/7-211.3)
im assuming the key words there is: release the uninsured from liability as well as clear the suspension.
I am assuming this is why my mom's insurance company wont bother with it. I just figured since he cost them about $19,000.00 of damages they would pursue it. Does anyone know a rough estimate as to how much she would spend if she were to pursue this?
Any last advice or did i pretty much answer my question???
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MoonChylde626
Junior Member
My father was in same situation about 15 years ago
My father was in same situation where an uninsured motorist hit him while he was working on the interstate. He was out of work for 4 months...the motorist was never counted liable for anything as my father lay near death for months and was out of work...he had to sue his work to get money to pay off things....the driver got away with alot of thingsapie1 said:
My mom was in a car accident with an uninsured motorist last month. Yesterday we recieved a letter from the U.S. Bankruptcy court stating he had filed for bankruptcy and listed us as a creditor. Can he do that???
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