The Illinois Safety and Financial Responsibility Law applies to all traffic accidents resulting in personal injury, death or property damage in excess of $500. Within 10 days after an accident occurs, a motorist is required by law to file an accident report with the Illinois Department of Transportation (IDOT). After investigation, IDOT certifies to the Secretary of State's office the names of uninsured motorists involved in the accident.
If the evidence supports probable liability (at least 50 percent 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 Secretary of State's office notifies the motorist that his/her driver's license and/or vehicle registration is suspended.
To contest the suspension, the motorist receiving the suspension notice must write a request to schedule a hearing at a Driver Services facility to contest the preliminary finding of probable liability. 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 license/registration remains suspended until compliance 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).