LEGAL GUIDE
Written by attorney John P. Yetter | Oct 25, 2010

Illinois Financial Resposnsibility Driver's License Suspensions - Type 04

In Illinois, the Legislature has created dozens of different ways an individual can get their driver’s license suspended. These are set out in 625 ILCS 5/7-303 et.al. The purpose of this guide is to deal with one particular type of suspension with en explanation of how you get it, and, more importantly, how to get rid of it.

A financial responsibility suspension can be from several sources. If your Illinois driver’s abstract says your have been suspended for action code “04," one of these things has caused your suspension:

The most unusual cause is a random insurance check. If the Mandatory Insurance Department of the Secretary of State determines you’ve had an Operating and Uninsured Motor Vehicle ticket dropped, or if you were in an accident and did not file your accident report with the Department of Transportation, the Secretary’s office can occasionally send a follow up letter to get proof of the insurance for their file. If you don’t answer, you get suspended.

Sometimes these causes require only that you get a policy/coverage letter from your company including the effective dates and the policy number. Mail with a cover letter that has your DL number, accident date and accident number (available from your abstract) to:

Illinois Department of Transportation

Accident Records Section

3215 Executive Park Drive

Springfield, Illinois 62766

If you got a ticket for OUMV causing this when insured a Motion to Vacate the conviction is the best way, though sending the policy letter will do. Do the Motion to Vacate because of future concerns about having one on your record.

If you did not have insurance and you feel the accident was not your fault but the lack of insurance causes a suspension you can have a Formal Hearing to prove to the hearing officer that the accident was not your fault. It is your duty to present affirmative evidence of you position. Hearings are $50 and you may schedule by calling (312) 793-3701 (Secretary of State, Department of Administrative Hearings).

If the accident was your fault and you were not insured, a variety of things can happen.

  1. GET THE OTHER PARTY TO AGREE NOT TO SUE YOU –

File form SR 21.4 General Release – available on the Illinois Secretary of State website at www.cyberdriveillinois.com . Notarized signatures are required to be on the form from both you and the other person involved in the accident. This form can be filed in the Chicago Public Service office of the Secretary of State.

You must also then file SR 22 Insurance for three years (without lapses) and pay a $70 reinstatement fee at Chicago office when you are there.

  1. GET THE OTHER SIDE TO ACCEPT A PAYOUT –

This is authorized under 625 ILCS 5/7-310 Lump Sum Settlement. You are simply doing the same thing which occurs above in the agreement not to sure, but you are making a payment on the liabilities from the accident to achieve it. The same form is used.

If you cannot afford the lump sum, 625 ILCS 5/7-310 Installment Agreement allows you to clear the suspension by entering into an installment agreement with the other party. If you file Form SR 11.4 Installment Agreement, again available online at www.cyberdriveillinois.com, and all parties and potential parties sign off on this your suspension will be lifted. File all of this and pay the $70 reinstatement fee with the Secretary of State at

Secretary of State

Safety Responsibility Section

2701 South Dirksen Parkway

Springfield IL 62723

In all of these situations you must file SR 22 insurance for three years without lapse. Any default on a payment agreement would restart the three year term.

If you cannot locate the other driver, the Department of Transportation will determine the amount of likely damages and you may post a security deposit for the entire amount. Form SR-81.1 Call 217-782-3720 to begin this process – form available only by request in writing or phone. Also requires SR-22 and the reinstatement fee.

  1. FILE BANKRUPTCY (625 ILCS 5/7-310)

Present to the Secretary of State a copy of your bankruptcy court declaration, including your bankruptcy case number, date of filing and with the other party is listed as a potential creditor on the declaration.

For some reason no re-instatement fee is required this way, but the 36 months SR-22 is required.

  1. ALLOW TWO YEARS TO PASS AND DON’T GET SUED

This one is painful because of the wait, but 625 ILCS 5/7-309 allows that once the two year statute of limitations runs, you may file Form 12.5 (“Affidavit for Termination of Suspension"), pay your $70 reinstatement fee to Springfield and begin filing SR-22 insurance for three years without a lapse. (After the two year period). If five years have passed, no affidavit is required.

Please note a few things. One, the fees and reinstatements change all the time in Illinois (always going up). The other is that the situations here are usually fairly complicated and consulting with an attorney to really nail down that you are doing the easiest and most effective thing for you is the best way to go about it.

For more information about this or any other problem with your Illinois Driver’s License, please call us at 630-858-8840 or visit our website at www.brucarandyetter.com

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