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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.)
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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.)
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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 .)
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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
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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).
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(Source: P.A. 102-982, eff. 7-1-23 .)
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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 .)
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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 .)
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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.)
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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;
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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;
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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;
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4. To the driver or owner, if such owner is qualified
| | as a self-insurer as provided in Section 7-502;
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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;
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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;
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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;
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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;
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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;
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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;
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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.
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(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 .)
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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 .)
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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);
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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);
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3. To any person who was injured as a result of the
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4. To the estate of any person killed as a result of
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(Source: P.A. 102-982, eff. 7-1-23 .)
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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.)
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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.)
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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.)
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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,
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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
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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.
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(Source: P.A. 102-982, eff. 7-1-23 .)
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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 .)
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