Safety Responsibility Law and Relief Available Lawyer Manual

Safety responsibility law

Suspension

625 ILCS 5/7-205

Upon notification of a determination that an accident occurred involving bodily injury or death and/or property damage in excess of $500 and where no insurance is indicated in the accident report, the State may require that security be paid by the operator or owner of vehicle involved in the accident 625 ILCS 5/7-201.  With some exceptions under 625 ILCS 5/7-202, if security is not paid and there is a reasonable likelihood that a civil judgment An official decision by a court that ends the dispute between parties could be entered, the SOS must inform the owner and operator of the vehicle that the license will be suspended within 45 days of date of mailing the notice unless either security or liability insurance is paid.  The security will not be less than $500.  No driving relief is available but a hearing When the parties in a case present their sides of a case to a judge or other officer may be requested to contest the preliminary finding, amount of damage assessed or for exoneration if the client is not actually guilty of the violation.

Reinstatement

The client may be reinstated by proving any of the following:

• Release from liability (covenant not to sue) (625 ILCS 5/7-207)
• Adjudication A formal court decision of non-liability (625 ILCS 5/7-208)
• Installment agreement to pay the agreed amount of damages (625 ILCS 5/7-208)
• Proof of payment of judgment, or payment of maximum statutory security deposit A payment the tenant makes to the landlord at the start of a lease. It can be used if the tenant doesn't pay rent or damages the rental unit.  (625 ILCS 5/7-209)
• Notice of Bankruptcy
• Letter from an insurance company confirming coverage of both the owner and operator at time of accident

Reinstatement for Safety Responsibility Suspension A temporary stop of a law costs $70 (625 ILCS 5/7-317)

Duration of suspension

625 ILCS 5/7-211

If the client has not reinstated, the client may prove to the SOS by affidavit A notarized written statement signed by a person under oath  that: (1) two years have passed since the date the driver's license and registration were suspended and that no claim has been filed; or (2) if a claim has been filed, the claim has been satisfied. The client may also terminate a suspension after 5 years if the SOS has not received documentation that any action has been filed.

625 ILCS 5/7-216

If the driving privileges of an Illinois resident are suspended in some other state under circumstances relating to an auto accident and if the circumstances would require suspension in Illinois, the SOS will suspend the Illinois license until the resident supplies proof of compliance with the law of the other state.

Proof of financial responsibility for the future

625 ILCS 5/7-301

"Proof of responsibility for the future" is required prior to reinstatement of persons whose license or driving privileges have been revoked or suspended following a safety responsibility suspension, unsatisfied judgment suspension, mandatory or discretionary revocation and mandatory insurance suspension.  Financial Responsibility Insurance is commonly referred to as “SR-22”.  It must be sent to the secretary of state by the driver’s insurance company and maintained for 3 years.  NOTE: An out of state resident is not required to provide “SR-22” if insurance is held in the new state. (625 ILCS 5/7-316.1)

Unsatisfied judgment suspension

625 ILCS 5/7-303

Driver's licenses, registration, stickers, and plates may be suspended for failure to satisfy final judgment resulting from a motor vehicle accident.

Termination of suspension

• Proof of satisfied judgment (625 ILCS 5/7-309)
• Vacation of judgment may be provided if entered ex-parte
• Showing that 7 years have passed and judgment has not been revived (certified copy A copy of a document that can be used instead of the original because an official has approved it as a true and accurate copy by signing it. of court docket A list of everything that happens in a civil case. Also can be used to refer to the court calendar. or half-sheet will suffice) 735 ILCS 5/12-108 Note: if the judgment is more than 20 years old, the SOS may terminate a suspension without proof of satisfaction of judgment or proof of financial responsibility (625 ILCS 5/7-309)

Discharge of judgment

625 ILCS 5/7-311

• Judgment is deemed satisfied for termination When something ends of suspension when payments credited to debtor A person who owes money to someone else have reached the following amounts:
  • $25,000 for injury or death to one person
  • $50,000 for injury or death to 2 or more persons
  • Property damage payments in the amount of $20,000 (§5/7-311)
• Installment payment schedule set by the trial When the issues of a case are heard in court and decided by a judge or jury court is acceptable under ILCS 5/7-312 but where the payment agreement is breached, a suspension will occur.