|
injury and property damage resulting
from the accident; or
|
4. After the expiration of 5 years from the date of the |
accident, the
Secretary of State has not received |
documentation that any action at law
for damages arising |
out of the motor vehicle accident has been filed against
|
the person; or . |
5. The statute of limitations has expired and the |
person seeking reinstatement provides evidence |
satisfactory to the Secretary of State that, during the |
statute of limitations period, no action for damages |
arising out of a motor vehicle accident has been properly |
filed.
|
An affidavit that no action at law for damages arising
out |
of the motor vehicle accident has been filed against the |
applicant,
or if filed that it is not still pending shall be |
prima facie evidence
of that fact. The Secretary of State may |
take whatever steps are necessary
to verify the statement set |
forth in the applicant's affidavit.
|
(b) The driver's license or registration and nonresident's |
operating
privileges suspended as provided in Section 7-205 |
shall also remain suspended
and shall not be renewed nor shall |
any license or registration be issued to the
person until the |
person gives proof of his or her financial responsibility in
|
the future as provided in Section 1-164.5. The proof is to be
|
maintained by the
person in a manner satisfactory to the |
Secretary of State for a period of 3
years after the date the |
|
proof is first filed.
|
(Source: P.A. 90-264, eff. 1-1-98; 91-80, eff. 7-9-99.)
|
(625 ILCS 5/7-214) (from Ch. 95 1/2, par. 7-214)
|
Sec. 7-214. Disposition of Security. Such security shall |
be applicable only to the payment of a judgment or
judgments, |
rendered against the person or persons on whose behalf the
|
deposit was made, for damages arising out of the accident in |
question, in
an action at law, begun not later than two years |
after the later of
(i)
the expiration of the relevant statute |
of limitations date the driver's license and registration were |
suspended
following the accident
or (ii) 2 years after the
|
date of any default in any payment under an installment |
agreement for payment
of damages, and such deposit or any |
balance thereof shall be returned to the
depositor or his or |
her personal representative when evidence satisfactory to the
|
Secretary of State has been filed with him:
|
1. that there has been a release from liability, or a |
final adjudication
of non-liability; or
|
2. a duly acknowledged written agreement in accordance |
with Section
7-208 of this Act; or
|
3. whenever after the expiration of the statute of |
limitations two years after
the later of
(i) the date
the |
driver's license and registration were suspended
following |
the accident
or (ii) 2 years after the date of
any default |
in any payment under an installment agreement for payment |
|
of
damages, the Secretary of State shall be given |
reasonable evidence that
there is no such action pending |
and no judgment rendered in such action
left unpaid.
|
If, after releasing security to a judgment debtor or |
claimant, the balance of the security posted with the |
Secretary is $5 or less, the balance shall be transferred to |
the General Revenue Fund. The
Secretary shall compile a list |
of all security amounts of $5 or less annually in July and |
shall certify that amount to the State Comptroller. As soon as |
possible after receiving the certification, the State |
Comptroller shall order transferred and the State Treasurer |
shall transfer the amount certified to the General Revenue |
Fund. |
(Source: P.A. 98-178, eff. 1-1-14.)
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