Illinois Form DSD SR 91: Claim Security Deposit Guide

Illinois Form DSD SR 91: Claim Security Deposit Guide – If you were involved in a motor vehicle crash in Illinois with an uninsured driver and damages or injuries occurred, the uninsured motorist may have posted a security deposit with the Illinois Secretary of State to reinstate their driving privileges. Form DSD SR 91, officially titled “Claiming a Security Deposit from an Uninsured Crash,” explains how the injured or damaged party (the claimant) can recover that deposit under the Illinois Safety Responsibility Law (625 ILCS 5/7-214).

This guide, based on official Illinois Secretary of State publications, outlines the process for U.S. residents seeking compensation after an uninsured crash in Illinois. Depositing security is not an admission of guilt by the uninsured motorist.

What Is Form DSD SR 91?

Form DSD SR 91 is an informational brochure issued by the Illinois Secretary of State Driver Services Department, Safety & Financial Responsibility Section. It details the two legal methods claimants can use to obtain a security deposit posted by an uninsured motorist following a crash that caused personal injury, death, or property damage exceeding statutory thresholds.

The brochure is available as a free download from the official Illinois Secretary of State website:

Download Illinois Form DSD SR 91 (PDF)

Related forms and publications are listed on the Safety & Financial Responsibility / Mandatory Insurance / SR-22 Publications and Forms page.

Why a Security Deposit Is Required?

Under the Illinois Safety and Financial Responsibility Law, the Illinois Department of Transportation (IDOT) reviews crash reports. When an uninsured motorist is involved in a crash resulting in injury, death, or property damage over the applicable threshold, IDOT certifies the amount of security needed. The uninsured driver or owner must then post that amount with the Secretary of State (or provide other proof of financial responsibility) to avoid or lift a driver’s license and/or registration suspension.

Acceptable forms of security include certified checks, money orders, bank drafts, cashier’s checks, cash, or surety bonds. The deposit is held by the Secretary of State until properly claimed or the statute of limitations expires.

Two Methods to Claim the Security Deposit

Claimants have two primary paths to recover the deposited funds. Method 1 is used when both parties agree; Method 2 applies when the depositor does not agree and court action is necessary.

Method 1: Agreement Between Depositor and Claimant (No Court Required)

When the depositor (uninsured motorist) and the claimant agree on settlement, the Secretary of State can release the security deposit without a court order. Both of the following documents must be submitted:

Letter of Direction — A notarized letter from the depositor requesting release of all or a portion of the security deposit. It must include:
- Date of the crash
- Statement that the amount to be released represents settlement of all claims
- Exact amount of the security deposit to be released
- Name of the claimant (or authorized representative, such as “ABC Insurance Company as subrogee of John Doe” or “Attorney John Doe representing Sue Smith”)
- Notarized signature of the depositor and the driver’s license number of the operator and/or owner covered by the deposit
Release for Crash — A notarized release from the claimant (or their representative). It must include:
- Date of the crash
- Statement accepting the security deposit amount as settlement of the claim (matching the amount in the Letter of Direction)
- Notarized signature of the claimant (or authorized representative with relationship noted)
- Name and driver’s license number of the operator and/or owner covered by the deposit

Important: Both documents are required. If a lawsuit has already been filed, the Secretary of State must also receive an original certified or file-stamped court order dismissing the case before releasing funds under Method 1.

Method 2: Court Action Required

If the depositor does not acknowledge liability or refuse to agree to release the deposit, the claimant must file a civil lawsuit in the county where the crash occurred or where the defendant resides.

The lawsuit must be filed before the applicable statute of limitations expires. In Illinois, personal injury claims generally have a two-year statute of limitations from the date of the crash (735 ILCS 5/13-202). Property damage claims typically have a five-year limit (735 ILCS 5/13-205).
After a final judgment is entered, submit an original certified or file-stamped court order to the Secretary of State containing:
- Name and driver’s license number of the defendant
- Judgment entry date
- Date of the crash
- Amount of the judgment, including any court costs awarded
- Specific instructions ordering the Secretary of State to release all or a portion of the security deposit (exact amount required)
- Statement that the security to be released represents “full” or “partial” satisfaction of the judgment
If the judgment exceeds the security deposit amount, the claimant may request suspension of the defendant’s driver’s license for the remaining balance. This requires a completed and court-certified Record of Unsatisfied Judgment (DSD SR-17). The form may not be submitted until 30 days after the judgment becomes final.
If a lawsuit is pending and final judgment will not be entered before the statute of limitations expires, submit an original certified or file-stamped Complaint and Summons (with proof of service). The Secretary of State will hold the deposit until the case is resolved.

How and Where to Submit Documents?

Mail all required documents to:

Office of the Secretary of State
Driver Services Department
Safety & Financial Responsibility Section
Security Unit
2701 S. Dirksen Parkway
Springfield, IL 62723
Phone: 217-524-8924

Once complete documentation is received, the Secretary of State requests payment from the Illinois State Comptroller. Claimants should allow six to eight weeks to receive the payment. Copies of the request are sent to all concerned parties.

Additional Tips for Claimants

Keep copies of everything you submit.
Ensure all signatures are properly notarized where required.
If an insurance company or attorney is handling the claim on your behalf, clearly identify their relationship in the documents.
For questions about the status of a specific deposit or to confirm requirements, contact the Safety & Financial Responsibility Section directly at the address or phone number listed above.
Related forms include the Security Deposit form (DSD SR 81) used by the depositor and the Affidavit for Refund of Security Deposited (DSD SR 89) used by the depositor if no claim is timely filed.

Statute of Limitations and Time Limits

Claimants must act before the applicable civil statute of limitations expires. Missing the deadline can result in the security deposit being refunded to the depositor upon submission of a proper affidavit. Illinois generally allows two years for personal injury claims and five years for property damage claims arising from motor vehicle crashes. Consult an attorney promptly to protect your rights, especially if injuries are involved.

Official Resources

This article summarizes official Illinois Secretary of State guidance current as of the latest published version of Form DSD SR 91 (September 2023). Laws and procedures can change. For the most accurate and up-to-date information, always refer to the official PDF brochure and contact the Illinois Secretary of State Safety & Financial Responsibility Section. This is not legal advice; consult a qualified Illinois attorney for guidance specific to your situation.