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Can My Driver’s License Be Suspended Because of an Unpaid Debt from a Car Accident?

Last updated: December 2008

Can my driver’s license be suspended because of an unpaid debt?
The Illinois Safety Responsibility Law allows the Secretary of State to suspend your driver’s license if you do not have insurance and have been involved in a car accident that results in personal injury, death of any person, or greater than $500 in property damages. The Secretary of State can suspend your driver’s license if you are uninsured and cannot guarantee of payment of the damages. Your driver’s license can also be suspended if you are sued, the judge awards the other person a civil judgment against you, and you fail to pay the judgment.

How can I get my driver’s license back if I owe money for damages from a car accident?
In order to get your license reinstated, you must take one of the following steps:

•Pay off the judgment in full
•Enter into a court ordered payment plan to pay off the judgment over time
•File a Bankruptcy
•Prove that the Judgment was entered in error
•Prove that the Judgment is more than 7 years old
Paying off the Judgment in full
If you choose to pay off the judgment in full, you must get a signed “Release and Satisfaction of Judgment” from the creditor’s attorney. The Release and Satisfaction of Judgment must be filed with the clerk in Room 601 of the Daley Center. If your judgment was from elsewhere in Illinois, click here to find the address for the County Clerk.

When filing your Release with the Clerk, you need to request a certified copy for the Secretary of State. To get your driver’s license reinstated, you must deliver the following documents to your local Secretary of State’s office:

•A certified copy of your Release and Satisfaction of Judgment
•A completed SR-22 insurance verification form which you can obtain from your insurance company as proof that you are currently insured
•Payment of at least a $70.00 reinstatement fee
Entering into a court ordered payment plan
You may agree to a payment plan to pay off the judgment over time. In order to reinstate your driver’s license, the payment plan must be entered as a court order that is signed by the judge. After the order is entered, it must be certified by the clerk in Room 601 of the Daley Center. You must deliver the following documents to your local Secretary of State’s office:

•A certified copy of the payment plan
•A completed SR-22 insurance verification which you can obtain from your insurance company as proof that you are currently insured
•Payment of at least a $70.00 reinstatement fee
Be cautious about entering into a payment plan that you cannot afford. If you sign an agreement, and fail to make the payments on time, your license can be re-suspended.

Filing a Bankruptcy
You may file a Bankruptcy to discharge this judgment and other debts. Your license can only be reinstated after the bankruptcy has been completed and the judgment is discharged. You must deliver the following documents to your local Secretary of State’s office:

•A certified copy of the Discharge in Bankruptcy (including a schedule naming the creditor)
•A completed SR-22 insurance verification which you can obtain from your insurance company as proof that you are currently insured
•Payment of at least a $70.00 reinstatement fee
A bankruptcy cannot be accepted in alcohol-related cases that result in personal injury or death.

Prove the judgment was entered in error
If the judgment was entered against you in error, you must file a Motion to Vacate or Dismiss the judgment in the trial court. You should consult an attorney for assistance with this process.

You must deliver the following documents to your local Secretary of State’s office:

•A certified copy of the Order to Vacate or Dismiss
•A completed SR-22 insurance verification which you can obtain from your insurance company as proof that you are currently insured
•Payment of at least a $70.00 reinstatement fee
Prove the Judgment is more than 7 years old
If your judgment is more than 7 years old, and has not been revived, your suspension can be removed. Go to Room 601 of the Daley Center and give the clerk your case number. The court will order your file. After the file is obtained, make a photocopy of the half sheet located inside the file and get the half sheet certified by the cashier.

You must deliver the following documents to your local Secretary of State’s office:

•A certified copy of the half sheet
•A completed SR-SS insurance verification which you can obtain from your insurance company as proof that you are currently insured
Further Help
If you live in Cook County and need to speak to an attorney you can visit the CARPLS Self-Help Collection Desk in Room 1401 of the Daley Center or you can call the CARPLS Legal Aid Hotline at (312) 738-9200.

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