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What Is SR-22 Insurance in Illinois and How Does It Impact a Car Accident Claim?
In Illinois, if you’ve had certain driving violations, you may be required to file an SR-22. This document—often misunderstood—is not actually insurance, but it plays a critical role in your ability to legally drive and maintain auto insurance coverage after a serious traffic offense. If you’re involved in a car accident while under an SR-22 requirement, the implications can be significant—both for your insurance and any personal injury claim resulting from the crash.
In this blog, we’ll explain what SR-22 insurance is, why it’s required, how it affects a car accident claim, and what to do if you’re injured in a crash involving a driver with an SR-22 filing.
What Is SR-22 Insurance?
Despite its name, SR-22 insurance isn’t a special type of insurance. The SR-22 is a certificate of financial responsibility filed with the Illinois Secretary of State by an auto insurance company. It verifies that a high-risk driver carries the state’s minimum required liability insurance coverage.
In Illinois, an SR-22 is often required for drivers who have:
- A DUI or DWI conviction
- Multiple traffic violations in a short period
- Driving without insurance
- License suspension or revocation due to serious offenses
- An at-fault accident while uninsured
- Failure to pay court-ordered child support (in some cases)
Once filed, the SR-22 must typically remain in place for three years, and any lapse in coverage can result in license suspension or further penalties.
“Many drivers mistakenly think the SR-22 is a special kind of insurance product. In reality, it’s a red flag to insurers—and to the courts—that the driver has been deemed high-risk and is under enhanced scrutiny by the state.” — John J. Malm, Naperville car accident attorney
Illinois Minimum Liability Insurance Requirements (SR-22 Compliant)
To satisfy SR-22 filing requirements, your insurance policy must meet Illinois’s minimum auto liability limits, which are:
- $25,000 for injury or death of one person in a crash
- $50,000 for injury or death of more than one person
- $20,000 for property damage
While these minimums fulfill the SR-22 requirement, they are often insufficient in serious accidents involving major injuries or fatalities.
How Do You Get an SR-22 in Illinois?
To obtain an SR-22, you must:
- Contact a licensed auto insurer in Illinois that offers SR-22 filings.
- Purchase a liability policy or reinstate a suspended policy with at least the minimum coverage.
- Pay an SR-22 filing fee, typically around $15–$50.
- The insurer files the SR-22 form with the Illinois Secretary of State’s office electronically.
You cannot file an SR-22 yourself—it must be done by the insurance provider. If your coverage lapses for even one day, the insurer will file an SR-26, notifying the state of the lapse and potentially triggering license suspension.
How SR-22 Insurance Impacts a Car Accident Claim
1. Higher Risk Profile Can Influence Settlement or Trial Strategy
If a driver with SR-22 insurance is involved in a car crash, their past violations (DUI, reckless driving, or driving uninsured) may raise concerns about negligence or recklessness—even if those prior issues are not directly related to the current incident.
While prior violations are generally not admissible in court unless they are directly relevant (e.g., a pattern of drunk driving), insurance companies often use the driver’s SR-22 status during settlement negotiations to assess risk and liability exposure.
Plaintiffs may also be more motivated to pursue litigation if they believe the driver’s history supports a claim of gross negligence or punitive damages.
2. Limited Insurance Coverage Can Complicate Compensation
Illinois’s minimum liability limits may not be sufficient to fully compensate injured victims—especially in catastrophic injury or wrongful death cases. If the at-fault driver has only SR-22 minimum coverage and no assets, the plaintiff may be limited to:
- Their own underinsured motorist (UIM) coverage, or
- Filing a civil lawsuit to seek recovery of damages not covered by insurance
Unfortunately, many SR-22 drivers are judgment-proof, meaning they do not have assets that can be used to satisfy a civil judgment.
3. Liability Still Depends on Fault, Not SR-22 Status
Just because a driver has SR-22 insurance doesn’t mean they are automatically at fault. Liability in Illinois car accident cases is governed by comparative negligence laws (735 ILCS 5/2-1116). Each party’s degree of fault is assessed, and recovery may be reduced by the plaintiff’s percentage of fault.
For example, if an SR-22 driver is rear-ended while stopped at a red light, they are likely not at fault, regardless of their past driving record. However, if they run a red light or drive recklessly, their liability is more clear.
4. Increased Likelihood of Uninsured Motorist Claims
SR-22 policies are sometimes non-standard policies sold by high-risk insurers. If these policies lapse or are canceled for non-payment, the driver could be uninsured at the time of the crash.
In such cases, injured victims may need to rely on uninsured motorist (UM) coverage, which Illinois law requires all insurers to include in auto policies unless the insured explicitly rejects it in writing.
UM claims are filed with your own insurer and can help cover:
- Medical expenses
- Lost wages
- Pain and suffering
- Funeral expenses (in fatal crashes)
What to Do If You’re in an Accident Involving an SR-22 Driver
If you’re involved in a crash with a driver who carries SR-22 insurance, take the following steps:
1. Call the Police
Get a police report that documents the crash and identifies all drivers. The officer will often note if a driver is uninsured or has a restricted license.
2. Collect Insurance Information
Ask for the other driver’s insurance card. If they have SR-22, this may be indicated on their policy or verbally confirmed.
3. Document the Scene
Take photos of damage, injuries, skid marks, and road conditions. Get witness names and contact info.
4. Seek Medical Attention
Even if you feel fine, get checked by a doctor. Injuries like whiplash, a concussion, or herniated discs can take hours or days to show symptoms.
5. Report the Accident to Your Insurer
Notify your insurance company immediately, especially if you plan to file a UM or UIM claim.
6. Contact an Experienced Illinois Car Accident Lawyer
A knowledgeable Illinois car crash attorney can help you:
- Investigate whether the SR-22 policy was active
- Identify all available insurance coverage
- File claims and negotiate with insurers
- File a personal injury lawsuit if necessary
What If You Have an SR-22 and Are in a Crash?
If you’re required to carry SR-22 and are involved in an accident:
- Make sure your insurance was active at the time of the crash
- Notify your insurer immediately
- Cooperate fully with police and your insurance company
- Do not admit fault without legal counsel
Being under SR-22 status may make you more vulnerable to increased premiums, non-renewal, or policy cancellation after a crash—even if you weren’t at fault.
Why Legal Advice is Critical After a Car Accident
SR-22 insurance in Illinois is a marker of high-risk status—not a punishment, but a consequence of serious driving violations. If you’re involved in an accident—either with a driver who carries SR-22 or while you’re under SR-22 requirements—it’s important to understand how this impacts fault, coverage, and recovery options.
Injury victims can face real challenges when the at-fault driver has minimal or lapsed SR-22 insurance coverage. That’s why early investigation, documentation, and legal advice are critical.
Call the 5-Star Rated Illinois Car Accident Lawyers at John J. Malm & Associates
At John J. Malm & Associates, we help clients navigate complex car accident claims involving high-risk drivers, uninsured motorists, and limited insurance coverage. If you or a loved one was injured in a crash involving an SR-22 driver in Illinois, contact our firm for a free consultation. We fight hard for the compensation you deserve.