What is the 04 Suspension?

Financial Responsibility – 04 Suspension

While similar to an 05 Suspension, the 04 Suspension will be discussed in this article before we get to how to reinstate a license.

If you or the vehicle you were driving was insured at the time of the accident:

  • Obtain a letter from the insurance company stating that you or the car you were driving was insured on the date of the accident.
  • The letter must include the policy number and the dates upon which you were insured.
  • Mail or deliver this letter to the Illinois Department of Transportation.
    • Illinois Department of Transportation
    • Accident Records Section
    • 3215 Executive Park Drive
    • Springfield, IL 62766

If you did NOT have insurance but you did NOT cause the accident:

You must have a hearing to prove that the accident was not your fault. In order to prove that the accident was not your fault, you must:

  • Contact the Illinois Secretary of State, Department of Administrative Hearings, at (217) 785-8342 and schedule a hearing.
  • You, or your attorney, must attend the hearing and present evidence that you did not cause the collision.
  • Hearings are NOT ordinarily rescheduled.
    • In many instances, we would recommend walking in with an attorney as the hearings can be notoriously unfair and one-sided, which Secretary of State officials will freely admit.

If you did not have insurance, you caused the accident and the other party to the accident agrees not to sue you, you must:

  • Obtain a release form from your local Drivers Services Facility or the Illinois Secretary of State, Chicago Public Service Center.
  • The owner of the other vehicle involved in the accident, each person who may have been injured in the accident and you must sign the release form. These signatures must be notarized.
  • Mail or deliver the completed release form to the Illinois Secretary of State, Chicago Public Service Center (see address below).
  • Obtain SR22 insurance from a private insurance agency. You must maintain this insurance for three years without lapse or cancellation.

If you caused the accident and you and the other party to the accident agree to an amount for you to pay for damages, you must:

  • Pay the agreed amount to the other party.
    • Make sure you receive a release from the other party as proof of payment.
    • You can obtain a release form from your local Drivers Services Facility or the Illinois Secretary of State, Chicago Public Service Center (see address below).
      OR
  • If the other party agrees, enter into an installment agreement, which allows you to pay the amount owed to the other driver over a designated period of time.
    • Obtain an installment agreement from the Illinois Secretary of State (see address below)
    • The owner of the other vehicle in the accident, each person having possible injury from the accident and you must all sign the installment agreement form. These signatures must be notarized.
    • Return the form to the Illinois Secretary of State (see address below).
  • Obtain SR22 insurance from a private insurance agency. You must maintain this insurance for three years without lapse or cancellation.

If you have filed for bankruptcy since the time of the accident and the other party to the accident is listed on the bankruptcy petition, you must:

Go to the Illinois Secretary of State and present proof of bankruptcy from the Bankruptcy Court. The form you present must be file-stamped or bar-coded and must include:

  • your bankruptcy case number;
  • the date the bankruptcy was filed; and
  • the name of the other party to the accident on the form itself.

If two years have passed since the date your license was suspended and there are no pending lawsuits regarding this accident:

  • You must submit an affidavit for termination of suspension. This form is available at the Illinois Secretary of State and the completed form must be returned to that office at:
    • Chicago Public Service Center
      • 17 North State Street
      • 10th Floor
      • Chicago, Illinois 60602
      • (312) 793-1010
      • Monday through Friday, 8 a.m. to 4:30 p.m.
  • You must also obtain SR22 insurance from a private insurance agency. You must maintain this insurance for three years without lapse or cancellation.
  • Pay a $70.00 reinstatement fee.

If you were not insured, do not wish to make an agreement with the other parties to the accident or cannot locate the other parties, you must:

  • Submit a security deposit to the:
    • Illinois Secretary of State
    • Safety Responsibility Section
    • 2701 South Dirksen Parkway
    • Springfield, IL 62723
  • The security deposit must be a certified check, cashier’s check or money order (not a personal check) payable to the Illinois Secretary of State for the total amount of damages as determined by the Illinois Department of Transportation, call (217) 782-3720 and ask for information about security deposits and refunds.
    • Installment payments are NOT allowed.
  • You must purchase SR22 insurance from a private insurance agency. You must maintain this insurance for three years without lapse or cancellation.
  • Pay a $70.00 reinstatement fee.

If five years have passed since the date of the accident and there are no pending lawsuits regarding this accident:

  • You may clear 04 suspension by filing the SR22 insurance. An affidavit is not required
  • Pay a $70.00 reinstatement fee.

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