SR-22 Insurance/Uninsured Crashes

HOW A LICENSE CAN BE SUSPENDED UNDER THE SAFETY RESPONSIBILITY LAW

Administered by the Secretary of State and the Illinois Department of Transportation, the Illinois Safety Responsibility Law applies to all traffic accidents resulting in personal injury, death or property damage in excess of $500.

Within ten days after an accident occurs, a motorist is required by law to file an accident report with the Illinois Department of Transportation (IDOT). Then, after investigation, IDOT certifies to the Secretary of State the names of uninsured motorists involved in the accident.

Next, the Secretary of State's office makes a preliminary determination of probable liability for the crash. If the evidence supports probable liability (at least 50% at fault) on the part of the person or persons certified as uninsured - and the accident involves property damage in excess of $500, personal injury, or death - the motorist is notified that his or her driver's license and/or vehicle registration is suspended.

In order to contest the suspension, the motorist receiving the suspension notice must write a request to schedule a hearing to contest the preliminary finding of probable liability. These Administrative Hearings take place at various Driver Services facilities.

All parties involved are notified of the hearing and are encouraged to attend. If the preliminary finding is upheld, the individual(s) certified must show evidence of compliance with the Safety Responsibility Law, or face the pending suspension of his/her driver's license and/or registration privileges.

The motorist will remain suspended until one of the methods of compliance set forth in the Safety Responsibility Law is met. In addition, the motorist must establish proof of financial responsibility, through a SR-22 insurance policy. The SR-22 must be maintained for a period of three years (except in cases of evidence of non-liability, or IDOT rescinding).