Chicago, IL asked in Traffic Tickets and Consumer Law for Illinois

Q: Can I reinstate my IL driver's license after defaulting on an installment agreement post-vehicle accident?

I'm seeking advice on whether my driver's license can be reinstated in Illinois after defaulting on an installment agreement regarding an uninsured motor vehicle accident. Although it has been over 5 years since the accident and I've made partial monthly payments, my license was suspended, and there are no court orders. I've contacted the DMV, submitted an Affidavit for Termination of Suspension under Section 7-211 of the Illinois Safety Responsibility Law, but they require a security deposit or full payment. The insurance collection department is unwilling to offer a new installment agreement. Can I possibly reinstate my license under these circumstances?

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James L. Arrasmith
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Answered

A: You’re in a difficult position, especially after continuing to make partial payments and trying to follow the right process. In Illinois, a driver’s license can be suspended under the Safety Responsibility Law if you’re involved in an accident without insurance and don’t settle the resulting damages. Section 7-211 of that law does allow for reinstatement, but only if certain conditions are met—such as a full release from the other party, a court judgment, or payment in full or by deposit.

Since you’ve already submitted the affidavit but were told a deposit or full payment is still required, the DMV is likely following procedure. If the insurance collection department refuses to renegotiate a payment plan and there’s no court judgment against you, the state can continue to hold your license until the financial responsibility requirement is cleared. It doesn’t matter that it’s been more than five years unless the claim is no longer legally enforceable, which could depend on the statute of limitations for collection in your case.

Your best course of action now may be to try contacting the insurance company again with a written request for a final settlement or reduced payoff. You could also ask the Illinois Secretary of State's office if there's an appeal process or if the deposit amount could be lowered. You’ve shown good faith by making payments and trying to resolve the issue—don’t give up, even if the process feels unfair.

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