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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

VEHICLES
(625 ILCS 5/) Illinois Vehicle Code.

625 ILCS 5/7-101

    (625 ILCS 5/7-101) (from Ch. 95 1/2, par. 7-101)
    Sec. 7-101. Administration of Illinois Safety and Family Financial Responsibility Law. The Secretary of State and the Department, within the scope of their respective duties and powers under this Code, shall administer and enforce this Chapter and may make rules and regulations necessary for its administration and shall provide for hearings upon request of persons aggrieved by orders or acts of the Secretary of State, and the Department under this Section. However, the Secretary of State and the clerks of the circuit courts, within the scope of their respective duties and powers under this Code, shall administer and enforce Article VII of this Chapter.
(Source: P.A. 89-92, eff. 7-1-96.)

625 ILCS 5/7-102

    (625 ILCS 5/7-102) (from Ch. 95 1/2, par. 7-102)
    Sec. 7-102. Court Review. The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Administrator or the Secretary of State hereunder.
(Source: P.A. 90-89, eff. 1-1-98.)

625 ILCS 5/Ch. 7 Art. II

 
    (625 ILCS 5/Ch. 7 Art. II heading)
ARTICLE II. SECURITY FOLLOWING CRASH
(Source: P.A. 102-982, eff. 7-1-23.)

625 ILCS 5/7-201

    (625 ILCS 5/7-201) (from Ch. 95 1/2, par. 7-201)
    Sec. 7-201. Application of Article II. The Administrator as soon as practicable after the receipt of the report, required to be filed under Sections 11-406 and 11-410, of a motor vehicle crash occurring within this State and that has resulted in bodily injury or death of any person or that damage to the property of any one person in excess of $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601) was sustained, shall determine:
        1. Whether Section 7-202 of this Code requires the
    
deposit of security by or on behalf of any person who was the operator or owner of any motor vehicle in any manner involved in the crash; and
        2. What amount of security shall be sufficient to
    
satisfy any potential judgment or judgments for money damages resulting from the crash as may be recovered against the operator or owner, which amount shall in no event be less than $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601).
(Source: P.A. 102-982, eff. 7-1-23.)

625 ILCS 5/7-201.1

    (625 ILCS 5/7-201.1) (from Ch. 95 1/2, par. 7-201.1)
    Sec. 7-201.1. If the Administrator has not received a report required to be filed under Sections 11-406 and 11-410, or if the information contained in a report is insufficient, the Administrator shall send to the person required to file the report a written request for the missing report or the missing information. The Administrator shall send such request no later than 45 days after the crash or 7 days after receiving information that such crash has occurred, whichever is later.
    If the request is sent to a driver involved in a crash, the request or an attachment thereto shall contain in bold print a warning that failure to comply with the request within 15 days may result in the suspension of the driver's license.
(Source: P.A. 102-982, eff. 7-1-23.)

625 ILCS 5/7-201.2

    (625 ILCS 5/7-201.2) (from Ch. 95 1/2, par. 7-201.2)
    Sec. 7-201.2. The Administrator, within 30 days after compiling sufficient information on a motor vehicle crash, shall certify to the Secretary of State the name of each owner and the name of each operator of any vehicle involved in the crash, his determination that security is required under this Code, and the amount of the security. The Administrator also shall supply to the Secretary of State a copy of any crash report requested by the Secretary.
    The Administrator shall send a copy of the certification to each person whose name is certified. The copy, or an attachment thereto, shall contain in bold print an explanation that, because the person did not furnish the Department of Transportation with evidence that he or she is insured or otherwise able to pay for damages resulting from the crash, the person's name has been forwarded to the Secretary of State for possible suspension of his or her driver's license.
(Source: P.A. 102-982, eff. 7-1-23.)

625 ILCS 5/7-201.3

    (625 ILCS 5/7-201.3) (from Ch. 95 1/2, par. 7-201.3)
    Sec. 7-201.3. Administrator to itemize potential claims. The Administrator shall send by mail to the person required to deposit security an itemization of each potential claim of personal injury or property damage and the name and address of each potential claimant within the knowledge of the Administrator and upon which the determination of the amount of security is based.
(Source: P.A. 84-797.)

625 ILCS 5/7-202

    (625 ILCS 5/7-202) (from Ch. 95 1/2, par. 7-202)
    Sec. 7-202. Exceptions to requirements of security.
    (a) The requirements as to security and suspension as provided by Sections 7-201 and 7-205 shall not apply:
        1. To the driver or owner if such owner had in
    
effect at the time of such motor vehicle crash a liability policy covering such driver and owner with respect to the vehicle involved in such motor vehicle crash;
        2. To the driver, if not the owner of such vehicle,
    
if there was in effect at the time of such motor vehicle crash a liability policy or bond with respect to the operation of motor vehicles not owned by the driver;
        3. To the driver or owner if the liability of such
    
driver or owner for damages resulting from such motor vehicle crash is covered by any other form of liability insurance policy or bond;
        4. To the driver or owner, if such owner is qualified
    
as a self-insurer as provided in Section 7-502;
        5. To the owner if such owner at the time of such
    
motor vehicle crash was in compliance with Section 8-101 or Section 9-101;
        6. To the driver or owner if such owner at the time
    
of such motor vehicle crash was in compliance with the Federal Revised Interstate Commerce Act (P.L. 95-473), as now or hereafter amended;
        7. To the owner if the vehicle involved in such motor
    
vehicle crash was owned by the United States, this State or any political sub-division of this State, any municipality therein, or any local Mass Transit District;
        8. To the driver or the owner of a vehicle involved
    
in a motor vehicle crash wherein no injury or damage was caused to the person or property of any one other than such driver or owner;
        9. To the driver or the owner of a vehicle which at
    
the time of the motor vehicle crash was parked, unless such vehicle was parked at a place where parking was at the time of the crash prohibited under any applicable law or ordinance;
        10. To the owner of a vehicle if at the time of the
    
motor vehicle crash the vehicle was being operated without his permission, express or implied, or was parked by a person who had been operating such motor vehicle without such permission;
        11. To the driver, if not the owner, of a commercial
    
motor vehicle on which there was no liability policy or bond with respect to the operation of such vehicle in effect at the time of the motor vehicle crash when the driver was operating the vehicle in the course of the driver's employment and had no actual knowledge of such lack of a liability policy or bond prior to the motor vehicle crash.
    (b) If at the time of the motor vehicle crash, an owner or driver is covered by a motor vehicle liability policy or bond meeting the requirements of this Code, such owner or driver shall be exempt from suspension under Section 7-205 as to that motor vehicle crash, if the company issuing the policy or bond has failed, and such policy or bond was not effective at the time of the motor vehicle crash or any time thereafter, provided, that the owner or driver had no knowledge of the company's failure prior to the motor vehicle crash, and such owner or driver has secured within 30 days after learning of such failure another liability policy or bond meeting the requirements of the Code relating to future occurrences or motor vehicle crashes.
    As used in this paragraph, the words "failed" or "failure" mean that the company has suspended operations by order of a court.
(Source: P.A. 102-982, eff. 7-1-23.)

625 ILCS 5/7-203

    (625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
    Sec. 7-203. Requirements as to policy or bond. No such policy or bond referred to in Section 7-202 shall be effective under this Section unless issued by an insurance company or surety company authorized to do business in this State, except that if such motor vehicle was not registered in this State, or was a motor vehicle which was registered elsewhere than in this State at the effective date of the policy or bond, or the most recent renewal thereof, such policy or bond shall not be effective under this Section unless the insurance company or surety company, if not authorized to do business in this State, shall execute a power of attorney authorizing the Secretary of State to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such motor vehicle crash. However, every such policy or bond is subject, if the motor vehicle crash has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than $25,000 because of bodily injury to or death of any one person in any one motor vehicle crash and, subject to said limit for one person, to a limit of not less than $50,000 because of bodily injury to or death of 2 or more persons in any one motor vehicle crash, and, if the motor vehicle crash has resulted in injury to or destruction of property, to a limit of not less than $20,000 because of injury to or destruction of property of others in any one motor vehicle crash. The changes to this Section made by this amendatory Act of the 98th General Assembly apply only to policies issued or renewed on or after January 1, 2015.
    Upon receipt of a written motor vehicle crash report from the Administrator the insurance company or surety company named in such notice shall notify the Administrator within such time and in such manner as the Administrator may require, in case such policy or bond was not in effect at the time of such motor vehicle crash.
(Source: P.A. 102-982, eff. 7-1-23.)

625 ILCS 5/7-204

    (625 ILCS 5/7-204) (from Ch. 95 1/2, par. 7-204)
    Sec. 7-204. Form and amount of security - Definition.
    (A) Any security required to be deposited under this Act shall be in the form as the Secretary of State may require by administrative rule, and in the amounts as the Administrator may determine to be sufficient to satisfy any judgment or judgments for damages against an operator or owner but in no case in excess of the limits specified in Section 7-203 of this Act in reference to the acceptable limits of a policy or bond nor for an amount less than $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601).
    (B) The person depositing security shall specify in writing the person or persons on whose behalf the deposit is made and, while at any time the deposit is in the custody of the Secretary of State or State Treasurer, the person depositing it may, in writing, amend the specification of the person or persons on whose behalf the deposit is made to include an additional person or persons; provided, however, that a single deposit of security shall be applicable only on behalf of persons, required to furnish security because of the same crash.
    (C) Within 10 days after any security required under the provisions of this Article is deposited with the Secretary of State, the Secretary shall send notice of the security deposit to the following, if known:
        1. To each owner and operator of any vehicle involved
    
in the crash that sustained damage in excess of $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601);
        2. To any person who sustained damage to personal or
    
real property in excess of $1,500 (or $500 if any of the vehicles involved in the crash is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601);
        3. To any person who was injured as a result of the
    
crash; and
        4. To the estate of any person killed as a result of
    
the crash.
(Source: P.A. 102-982, eff. 7-1-23.)

625 ILCS 5/7-205

    (625 ILCS 5/7-205) (from Ch. 95 1/2, par. 7-205)
    Sec. 7-205. Failure to deposit security - Hearings and suspensions. The Secretary of State, within 15 days after receipt of the determination of the Administrator that a deposit of security is required under this Code, shall review all reports, documents and other pertinent evidence in his possession, and make a preliminary finding as to whether or not there is a reasonable possibility of a civil judgment being entered in a court of proper jurisdiction against the person so certified by the Administrator under this Code.
    (a) Upon a preliminary finding that there is such a reasonable possibility, the Secretary of State shall notify such person by mail that his driving privileges, driver's license or registration will be suspended 45 days after the date of the mailing of the notice unless the person can prove to the satisfaction of the Secretary of State that he has deposited or has had deposited and filed on his behalf the security required under this Code or, within 15 days of the mailing of such notice, requests a formal hearing to determine whether his driving privileges, driver's license or registration should be suspended or whether the Secretary should enter an order of exoneration, and that such hearing shall be scheduled within 45 days after the mailing of such notice in accordance with the rules and regulations of the Secretary of State.
    (b) Upon a preliminary finding that there is not such a reasonable possibility, the Secretary of State may elect to take no further action.
    (c) In the event an order of suspension so entered applies to a nonresident owner or driver, then the privilege of driving or using a motor vehicle within the territorial limits of this State shall be so suspended.
(Source: P.A. 84-797.)

625 ILCS 5/7-206

    (625 ILCS 5/7-206) (from Ch. 95 1/2, par. 7-206)
    Sec. 7-206. Release from liability. (a) A person shall be relieved from the requirement for deposit of security required by Section 7-201 in the event there shall be filed with the Secretary of State satisfactory evidence that the person who would otherwise be required to deposit security has been released from liability.
    (b) A covenant not to sue shall relieve the parties thereto as to each other from the security requirements of this Article.
(Source: P.A. 83-831.)

625 ILCS 5/7-207

    (625 ILCS 5/7-207) (from Ch. 95 1/2, par. 7-207)
    Sec. 7-207. Adjudication of non-liability.
    A person shall be relieved from the requirement for deposit of security, required by Section 7-201 of this Act, in the event there shall be filed with the Secretary of State evidence satisfactory of a final adjudication of non-liability.
(Source: P.A. 77-327.)

625 ILCS 5/7-208

    (625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
    Sec. 7-208. Agreements for payment of damages.
    (a) Any 2 or more of the persons involved in a motor vehicle crash subject to the provisions of Section 7-201 or their authorized representatives, may at any time enter into a written agreement for the payment of an agreed amount in installments, with respect to all claims for injuries or damages resulting from the motor vehicle crash.
    (b) The Secretary of State, to the extent provided by any such written agreement properly filed with him, shall not require the deposit of security and shall terminate any prior order of suspension, or, if security has previously been deposited, the Secretary of State shall immediately return such security to the depositor or an appropriate personal representative.
    (c) In the event of a default in any payment under such agreement and upon notice of such default the Secretary of State shall forthwith suspend the driver's license and registration, or nonresident's operating privileges, of such person in default which shall not be restored unless and until:
        1. Such person deposits and thereafter maintains
    
security as required under Section 7-201 in such amount as the Secretary of State may then determine,
        2. Two years have elapsed since the acceptance of the
    
notice of default by the Secretary of State and during such period no action upon such agreement has been instituted in any court having jurisdiction, or
        3. The person enters into a second written agreement
    
for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the motor vehicle crash.
(Source: P.A. 102-982, eff. 7-1-23.)

625 ILCS 5/7-209

    (625 ILCS 5/7-209) (from Ch. 95 1/2, par. 7-209)
    Sec. 7-209. Payment upon judgment. The payment of a judgment arising out of a motor vehicle crash or the payment upon such judgment of an amount equal to the maximum amount which could be required for deposit under this Article shall for the purposes of this Code be deemed satisfied.
(Source: P.A. 102-982, eff. 7-1-23.)