(625 ILCS 5/7-208) (from Ch. 95 1/2, par. 7-208)
(Text of Section before amendment by P.A. 102-982 )
Sec. 7-208.
Agreements for payment of damages.
(a) Any 2
or more of the persons involved in
a motor vehicle accident 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 accident.
(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
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| 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
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| for the payment of an agreed amount in installments with respect to all claims for injuries or damages resulting from the motor vehicle accident.
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(Source: P.A. 90-774, eff. 8-14-98.)
(Text of Section after amendment by P.A. 102-982 )
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
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| 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
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| 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
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| 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 5/7-211) (from Ch. 95 1/2, par. 7-211)
(Text of Section before amendment by P.A. 102-982 )
Sec. 7-211. Duration of suspension.
(a) Unless a suspension is terminated
under other provisions of this Code, the driver's license or registration
and nonresident's operating privilege suspended as provided in Section
7-205 shall remain suspended and shall not be renewed nor shall any
license or registration be issued to the person until:
1. The person deposits or there shall be deposited |
| and filed on the person's behalf the security required under Section 7-201;
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2. Two years have elapsed following the date the
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| driver's license and registrations were suspended and evidence satisfactory to the Secretary of State that during the period no action for damages arising out of a motor vehicle accident has been properly filed;
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3. Receipt of proper notice that the person has filed
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| bankruptcy which would include all claims for personal injury and property damage resulting from the accident;
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4. After the expiration of 5 years from the date of
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| the accident, the Secretary of State has not received documentation that any action at law for damages arising out of the motor vehicle accident has been filed against the person; or
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5. The statute of limitations has expired and the
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| person seeking reinstatement provides evidence satisfactory to the Secretary of State that, during the statute of limitations period, no action for damages arising out of a motor vehicle accident has been properly filed.
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An affidavit that no action at law for damages arising
out of the motor vehicle accident has been filed against the applicant,
or if filed that it is not still pending shall be prima facie evidence
of that fact. The Secretary of State may take whatever steps are necessary
to verify the statement set forth in the applicant's affidavit.
(b) The driver's license or registration and nonresident's operating
privileges suspended as provided in Section 7-205 shall also remain suspended
and shall not be renewed nor shall any license or registration be issued to the
person until the person gives proof of his or her financial responsibility in
the future as provided in Section 1-164.5. The proof is to be
maintained by the
person in a manner satisfactory to the Secretary of State for a period of 3
years after the date the proof is first filed.
(Source: P.A. 102-52, eff. 1-1-22 .)
(Text of Section after amendment by P.A. 102-982 )
Sec. 7-211. Duration of suspension.
(a) Unless a suspension is terminated
under other provisions of this Code, the driver's license or registration
and nonresident's operating privilege suspended as provided in Section
7-205 shall remain suspended and shall not be renewed nor shall any
license or registration be issued to the person until:
1. The person deposits or there shall be deposited
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| and filed on the person's behalf the security required under Section 7-201;
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2. Two years have elapsed following the date the
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| driver's license and registrations were suspended and evidence satisfactory to the Secretary of State that during the period no action for damages arising out of a motor vehicle crash has been properly filed;
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3. Receipt of proper notice that the person has filed
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| bankruptcy which would include all claims for personal injury and property damage resulting from the crash;
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4. After the expiration of 5 years from the date of
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| the crash, the Secretary of State has not received documentation that any action at law for damages arising out of the motor vehicle crash has been filed against the person; or
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5. The statute of limitations has expired and the
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| person seeking reinstatement provides evidence satisfactory to the Secretary of State that, during the statute of limitations period, no action for damages arising out of a motor vehicle crash has been properly filed.
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An affidavit that no action at law for damages arising
out of the motor vehicle crash has been filed against the applicant,
or if filed that it is not still pending shall be prima facie evidence
of that fact. The Secretary of State may take whatever steps are necessary
to verify the statement set forth in the applicant's affidavit.
(b) The driver's license or registration and nonresident's operating
privileges suspended as provided in Section 7-205 shall also remain suspended
and shall not be renewed nor shall any license or registration be issued to the
person until the person gives proof of his or her financial responsibility in
the future as provided in Section 1-164.5. The proof is to be
maintained by the
person in a manner satisfactory to the Secretary of State for a period of 3
years after the date the proof is first filed.
(Source: P.A. 102-52, eff. 1-1-22; 102-982, eff. 7-1-23.)
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(625 ILCS 5/7-212) (from Ch. 95 1/2, par. 7-212)
(Text of Section before amendment by P.A. 102-982 )
Sec. 7-212. Authority of Administrator and Secretary of State to decrease
amount of
security. The Administrator may reduce the amount of security ordered in any
case
within one year after the date of the accident, but in no event for an
amount less than $1,500 (or $500 if any of the vehicles involved in the accident is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601), if, in the judgment of the Administrator the amount
ordered is excessive, or may revoke or rescind its order requiring the
deposit of security in any case within one year after the date of the
accident if, in the judgment of the Administrator, the provisions of
Sections 7-202 and 7-203 excuse or exempt the operator or owner from the
requirement of the deposit. In case the security originally ordered has
been deposited the excess of the reduced amount ordered shall be returned
to the depositor or his personal representative forthwith, notwithstanding
the provisions of Section 7-214. The Secretary of State likewise shall have
authority granted to the Administrator to reduce the amount of security
ordered by the Administrator.
(Source: P.A. 95-754, eff. 1-1-09.)
(Text of Section after amendment by P.A. 102-982 )
Sec. 7-212. Authority of Administrator and Secretary of State to decrease
amount of
security. The Administrator may reduce the amount of security ordered in any
case
within one year after the date of the crash, but in no event 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), if, in the judgment of the Administrator the amount
ordered is excessive, or may revoke or rescind its order requiring the
deposit of security in any case within one year after the date of the
crash if, in the judgment of the Administrator, the provisions of
Sections 7-202 and 7-203 excuse or exempt the operator or owner from the
requirement of the deposit. In case the security originally ordered has
been deposited the excess of the reduced amount ordered shall be returned
to the depositor or his or her personal representative forthwith, notwithstanding
the provisions of Section 7-214. The Secretary of State likewise shall have
authority granted to the Administrator to reduce the amount of security
ordered by the Administrator.
(Source: P.A. 102-982, eff. 7-1-23.)
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