The mandatory insurance law in Illinois is a consumer protection measure that assures the drivers of motor vehicles that they are protected should they be involved in a traffic accident involving property damage or personal injury. Tickets for driving without insurance in Illinois carry stiff fines, can result in mandatory license suspension, and can require special SR-22 insurance. Additionally, commission of a DUI without insurance is grounds for Illinois felony DUI charges.
Illinois drivers are in compliance with the mandatory insurance law if they have vehicle liability insurance which requires certain minimum amounts:
- $20,000-injury or death of one person in an accident
- $40,000-injury or death of more than one person in an accident
- $15,000-damage to property of another person
Drivers of motor vehicles in the state of Illinois are required to carry documentation in the form of an insurance card in their motor vehicle and produce it upon the request of any law enforcement officer.
Fagan, Fagan & Davis are Illinois lawyers defending those facing driving under the influence (DUI), criminal and traffic defense at courthouses in Cook County, Lake County and DuPage County. The attorneys at Fagan, Fagan & Davis can provide an experienced DUI defense, including assistance in advising you in the procedures for gaining permission to resume your driving privileges.
Illinois issues traffic tickets to enforce the mandatory insurance law, sometimes alongside citations for DUI. One way for drivers charged and convicted of DUI can resume their driving privileges by obtaining a restricted driver's license (RDL). You will need to comply with any court-ordered treatment, such as group or one-on-one alcohol and drug education or counseling. After paying any fines and having a breath alcohol ignition interlock device (BAIID) installed in your motor vehicle, you will need to purchase SR-22 insurance and keep it active for a minimum period of between one and three years. The SR-22 certificate can be issued in several forms, including:
- An operator's certificate, which covers the motorist in the operation of any non-owned motor vehicles.
- An owner's certificate, which covers motor vehicles owned by the driver. The type of vehicle must be listed on the SR-22 or may be issued for all owned motor vehicles.
- An operators-owners certificate, which covers all motor vehicles owned or not owned by the driver.SR-22 insurance must be renewed a minimum of 45 days in order to avoid any future insurance-related suspensions. If the insurance agency does not receive a renewal within 15 days prior to the expiration of the insurance, they are required by law to notify the Illinois Secretary of State's Office.
There is an alternative to obtaining SR-22 insurance. An individual may deposit $55,000 in cash or securities with the Illinois State Treasurer. They may also file a surety bond or file a real estate bond that has been approved by a court of record. Out-of-state residents may request their proof of financial responsibility for Illinois be waived by completing an affidavit. The affidavit applies only to Illinois' insurance requirements. In the event you move back to Illinois within three years from acceptance of the insurance waiver, your SR-22 requirement for Illinois would be reinstated.
The attorneys at Fagan, Fagan & Davis have defended countless clients against everything from traffic tickets to misdemeanor or felony DUI charges and violent criminal charges like sexual assault, gun crimes or aggravated battery throughout the Chicago area courts, including those located in Cook County, DuPage County and Lake County. We understand which defense strategies are the most effective in court and how to challenge evidence gathered by law enforcement and offered by the prosecution. Contact us now for a free consultation.