Illinois DSD SR 89 Form Guide: Security Refund Affidavit

Understanding the Illinois Safety Responsibility Law

Under the Illinois Safety Responsibility Law, if a driver is involved in a crash resulting in death, personal injury claims exceeding $500, or property damage exceeding $500 and lacks liability insurance, the Illinois Department of Transportation may certify probable liability. The Secretary of State can then require the uninsured motorist (and sometimes the vehicle owner) to post security equal to the certified damages or face suspension of driving privileges and vehicle registration.

Security may be posted as cash, certified check, money order, or a surety bond from an authorized company. The deposit remains with the Secretary of State until the claim is resolved or the legal time limits expire. Once those conditions are met, Form DSD SR 89 allows the depositor to request return of the funds or termination of the bond.

Official information on the Safety and Financial Responsibility Law is available on the Illinois Secretary of State website.

When Can You File Form DSD SR 89?

You may submit Form DSD SR 89 when:

• The applicable statute of limitations has expired since the driver’s license suspension date (or crash date), and
• No lawsuit for damages or personal injuries arising from the crash has been filed or is pending, and
• No unsatisfied judgment remains outstanding.

Illinois civil statutes of limitations relevant to motor vehicle crashes are generally:

• Two years for personal injury claims (735 ILCS 5/13-202)
• Five years for property damage claims (735 ILCS 5/13-205)

Under Section 7-214 of the Illinois Vehicle Code (625 ILCS 5/7-214), security is returned when the Secretary of State receives satisfactory evidence that the statute of limitations has expired and no action is pending. The Department verifies this by contacting the claimant and allowing a response period before processing the refund or bond termination.

Administrative rules also permit refund or termination after two years from the suspension date in certain circumstances if no legal action has been taken.

How to Download Form DSD SR 89

The official, fillable PDF version of Form DSD SR 89 is available directly from the Illinois Secretary of State. Always download the form from the official government source to ensure you have the current version.

Download the form here: Illinois Secretary of State Form DSD SR 89 (PDF)

The form is also listed on the official publications page for Safety & Financial Responsibility forms: Safety & Financial Responsibility/Mandatory Insurance/SR-22 Publications and Forms.

Step-by-Step Instructions to Complete Form DSD SR 89

Follow these steps carefully. Incomplete or incorrect forms may delay processing.

1. Crash Number and Driver’s License Number: Enter the crash number assigned by the Illinois Department of Transportation or Secretary of State and your Illinois driver’s license number at the top of the form.
2. Affiant Information: Print your full legal name in the space “(I/We), __________, being duly sworn, depose:”
3. Residence Details: Provide your complete current address, including street, city/town, county, state, and the full 9-digit ZIP code. The Illinois State Comptroller requires the 9-digit ZIP code for any refund payment.
4. Crash Details: State the date of the crash and the location (city or area) in Illinois where the crash occurred that triggered the Safety Responsibility requirement.
5. Statute of Limitations Statement: Affirm that the statute of limitations has elapsed since the suspension date, that no suit for damages or personal injuries has been instituted or is pending, and that no judgment remains unsatisfied.
6. Signatures: Sign on the applicable line(s) — Signature of Operator and/or Signature of Owner. Signatures must be made in the presence of a Notary Public or witnessed by someone not related to you.
7. Notarization: Have the form notarized. The notary completes the “Subscribed and sworn to before me” section, including date, notary name, title, and commission expiration.

Print the completed form clearly. Use black ink if filling by hand.

Where and How to Submit the Completed Form

Mail the fully completed and notarized Form DSD SR 89 to:

Illinois Secretary of State
Driver Services Department
Safety Responsibility Section
2701 S. Dirksen Parkway
Springfield, IL 62723

Do not submit the form electronically unless the Secretary of State specifically authorizes an alternative method. Keep a copy of the completed form and any supporting documents for your records. Processing times vary; the Department may contact the original claimant for verification before issuing a refund or releasing the bond.

What Happens After Submission?

Upon receiving a valid Form DSD SR 89, the Safety Responsibility Section reviews the file. They typically send a notice to the claimant (the party who suffered damages) allowing approximately two weeks to respond. If the claimant confirms no lawsuit was filed or does not respond, the Department processes the refund of the security deposit or terminates the surety bond.

Refunds of cash security deposits are issued by the Illinois State Comptroller and mailed to the address provided on the form (hence the requirement for a complete 9-digit ZIP code). Surety bonds are released by notifying the bonding company.

If a lawsuit is pending or a judgment remains unpaid, the refund or termination request will be denied until those issues are resolved.

Related Forms and Additional Resources

Drivers dealing with Safety Responsibility matters may also need these related official forms:

• DSD SR 81 – Security Deposit
• DSD SR 91 – Claiming a Security Deposit from an Uninsured Crash
• DSD SR 21 – General Release and Acceptance
• DSD SR 11 – Installment Agreement

For comprehensive information, visit the official Safety and Financial Responsibility Law page on the Illinois Secretary of State website.

Important Tips for Illinois Drivers

• Always download Form DSD SR 89 from the official .gov website to ensure accuracy and current version.
• Use the complete 9-digit ZIP code on the form; incomplete addresses can delay refund checks.
• Sign only in the presence of a notary or qualified witness.
• Retain copies of all correspondence, the original security deposit receipt, and the crash-related notices.
• If your situation involves an unsatisfied judgment, bankruptcy, or other complexity, consult the Secretary of State Safety Responsibility Section or a qualified Illinois attorney for guidance specific to your case.

Form DSD SR 89 provides a clear administrative path for recovering security deposits or ending surety bond obligations once the legal time limits under Illinois law have passed. By following the official instructions and submitting a properly completed and notarized affidavit, eligible drivers can successfully request the return of their funds through the Illinois Secretary of State.

This article is for informational purposes only and is based on publicly available information from the Illinois Secretary of State and Illinois Compiled Statutes. Requirements and procedures may change. Always verify details with the official Illinois Secretary of State Driver Services Department.