NOTE: The material below was updated to account for changes to Illinois law with passage of Public Act 99-613 (effective January 1, 2017) and Public Act 100-202 (effective January 1, 2018). After these Acts became effective, there were several changes to Illinois laws that address driving without insurance in Illinois.
Driving without insurance
Vehicle insurance laws in Illinois are tough. Every driver on the road must have a liability insurance with coverage of at least $20,000.00 per person for bodily injury as a result of an accident. Failure to carry such insurance has serious consequences.
Driving without insurance is a petty offense in Illinois. The statute citation is 625 ILCS 5/3-707. As this is normally classified as a petty offense, it has a punishment of fine only. The defendant cannot be sentenced to jail. The maximum fine for this petty offense is between $500.00 and $1,000.00. On the third or subsequent violation, there is a mandatory fine of $1,000.00.
That being said, a ticket for driving without insurance can result in jail at a later time. The reason is, driving without insurance will cause the Secretary of State to suspend that person’s driver’s license. Driving on a suspended license is a Class A misdemeanor. The penalty can be up to one year of imprisonment and a fine of $2,500.00.
Hence, one ticket for driving without insurance can lead many other problems.
If a person is found guilty of driving without insurance, the law requires them to show proof of insurance to the Secretary of State with a special certificate called an “SR-22.” Failure to show proof of insurance will result in a financial responsibility suspension.
SR-22 insurance
SR-22 insurance is available for purchase by most insurance companies. The insurance company will provide the SR-22 certificate monthly to the Secretary of State. The requirement for SR-22 insurance will generally last for at least one year. Though any person who drives without insurance a third or subsequent time will face the SR-22 requirement for three years.
If the insurance company fails to show SR-22 compliance, the driver will pay the price. Their driver’s license will be suspended.
Now, if a person is driving without insurance and causes an accident resulting in bodily harm, that is a Class A misdemeanor – punishable by up to one-year imprisonment and a fine of $2,500.00. As of the date of this article, the author has not seen anyone charged with a misdemeanor for failure to carry insurance. But there is typically a first time for everything.