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QuestionInsurance Question  What are the consequences when driving in Illinois with an expired auto insurance card? My insurance has been renewed, I just don't have an up-to-date card.

AnswerAuto Insurance Answer

Illinois Compiled Statutes Sec. 7‑602 (625 ILCS 5/7‑602) deals with the need for an insurance card. Here it states that every operator of a motor vehicle subject to Section 7‑601 (mandatory insurance section) of this Code shall carry within the vehicle evidence of insurance. The evidence shall be legible and sufficient to demonstrate that the motor vehicle currently is covered by a liability insurance policy as required.

Any person who fails to comply with a request by a law enforcement officer for display of evidence of insurance, as required under Section 7‑602 of this Code, shall be deemed to be operating an uninsured motor vehicle.

The evidence of insurance shall be displayed upon request made by any law enforcement officer wearing a uniform or displaying a badge or other sign of authority. Any person who fails or refuses to comply with such request is in violation of Section 3‑707 of this Code.

Section 3‑707 discusses the operation of uninsured motor vehicle and the penalties associated with this offense. Here under subsection b it states that any person who fails to comply with a request by a law enforcement officer for display of [valid] evidence of insurance, as required under Section 7‑602 of this Code, shall be deemed to be operating an uninsured motor vehicle.

Subsection c goes on to say that any operator of a motor vehicle subject to registration under this Code who is convicted of violating this Section is guilty of a business offense and shall be required to pay a fine in excess of $500, but not more than $1,000.

This subsection of Illinois law does note however that no person charged with violating this Section shall be convicted if such person produces in court satisfactory evidence that at the time of the arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7‑601 of this Code. The chief judge of each circuit may designate an officer of the court to review the documentation demonstrating that at the time of arrest the motor vehicle was covered by a liability insurance policy in accordance with Section 7‑601 of this Code.

So if you were cited for driving without insurance due to showing an expired insurance card to law enforcement it would appear that if you contact the court listed on your citation that you should be able to find out what type of documentation you can get from your insurance company and then take to the court officer to demonstrate that you were insured. If this can be done it appears that you will not be convicted of being uninsured. You will need to check with the court to see if there will be any court costs associated with the dismissal of the ticket.

You also should speak with your insurance agent about getting an up to date insurance card for your vehicle as soon as possible so if you get pulled over again by police you will have one showing the correct, valid dates on it.

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