Can an Undocumented Person File a Car Accident Claim?
Can an undocumented person file an insurance claim?
Being involved in a car accident is overwhelming for anyone — but if you’re undocumented, it can be especially frightening. Many undocumented immigrants fear that reporting an accident or seeking compensation could expose them to immigration authorities. But you still have legal rights. Here’s what you need to know if you’re undocumented and injured in a car accident in the U.S.
Can an Undocumented Immigrant File a Car Accident Claim?
Yes. Undocumented immigrants have the legal right to file a personal injury claim after a car accident. Your immigration status does not prevent you from pursuing compensation for medical bills, lost wages, or pain and suffering. In fact, many state laws and court rulings have made it clear that all people — regardless of status — are entitled to protection under personal injury law.
What Happens If You’re Undocumented and Get in a Car Accident?
Before anything, focus on safety. Are you or your passengers injured or too hurt to move? Are you in harm’s way? The very first thing to do is figure out if you’re safe where you are, and if not, move! Find a place to safely wait for help. If anyone involved in the crash is seriously injured or trapped in the path of traffic, call 911 for immediate help. Saving lives and preventing more injuries should always be the top priorities after a car accident, and requesting/receiving help in these or other emergencies is not tied to your immigration status.
If you're undocumented and are involved in an accident, here’s what to do after you’ve made sure you and your passengers are safe:
Call 911 to report the accident and request medical help. If you don’t need emergency assistance, Texas law still requires you to call the police for most types of crashes, including those that result in: Injuries or death, $1,000 or more in property damage, or vehicles that need to be towed.
While this step may be intimidating to undocumented individuals, you are not required to discuss immigration status when the police arrive at the scene. You can talk about the facts of the accident, and only those facts. Failing to call the police could result in criminal charges, which could raise questions about and risks to immigration status.
Seek medical attention even if injuries seem minor. If an ambulance arrives at the scene, let emergency responders check you for injuries, especially if you’re feeling sore, disoriented, or displaying any visible wounds. Even if you don’t feel hurt after the wreck, it’s essential to get checked anyway for the following reasons:
Your body could be in shock, and some injuries may not fully present themselves right after the collision.
You are entitled to medical attention after a crash, regardless of immigration status.
Medical care at the scene can produce evidence of injuries, and that could be helpful later when it’s time to prove exactly how the accident hurt you.
If another driver was at fault for the car accident, they can be made to pay your medical bills.
Exchange information that you have. More often than not, undocumented motorists in Texas do not have driver’s licenses or state-mandated auto insurance coverage. It is crucial to avoid discussing any lack of driver’s license or insurance, and crucial to cooperate while keeping your guard up. Nevertheless, these drivers can and should still:
Share some available information: This can include names, contact information, and vehicle information.
Collect relevant information from others: Concentrate on gathering driver’s licenses, insurance, vehicle, and personal information from other parties involved.
Document the scene. Take photos and videos of the accident scene, vehicle damage, license plates, and any visible injuries. This documentation could be critical to support your account of the accident, fill in details you may not be aware of, uncover new evidence or witnesses, and help figure out which parties are at fault for the car accident. You may also want to take pictures and record footage of:
Other drivers involved
Witnesses at the scene
Police when they arrive
The investigation of the crash as it’s occuring.
Do not admit fault at the scene, and do not overshare information. Do not apologize to others involved, or share details that could backfire. Do not lie or give false information to the police (which can be a crime), but explain what happened in simple, factual terms. If you don’t know the answer or a specific detail, it’s okay to respond with “I don’t know” or “I’m not sure.” Be especially vigilant about NOT offering up information about:
Immigration status
Lack of driver’s license
Lack of insurance
Have an “automatic” response to questions about immigration status. Your immigration status is irrelevant to a car accident investigation, and you do not have to answer questions about your status, even when police are asking those questions. Instead, you can respond with silence or “No comment,” and redirect the conversation back to the facts of the accident. If you’re ready to respond with either of these replies, it can be easier to deflect questions about your immigration status and avoid providing information you simply don’t have to (and shouldn’t). Remember, you cannot be arrested in Texas solely because you are undocumented — and if you become concerned about how a conversation with a law enforcement official is going, contact an attorney immediately.
Seek follow-up medical care. See a doctor after you leave the scene of the accident for a more thorough examination. You could have deeper injuries or trauma that’s progressed since the crash. On top of that, seeing a doctor can mean additional documentation and evidence regarding injuries, prompt treatments that can lead to better outcomes and recoveries, and a stronger claim later if another party was at fault for the accident and you seek compensation for injuries, medical bills, lost wages and other damages. Like emergency medical care after the accident:
Ongoing medical treatments shouldn’t be put off or suspended because you’re worried about the bills or your immigration status.
Not getting medical treatment for car accident injuries can come back to bite you later.
Be careful when speaking to insurance companies. Other motorists’ insurance companies may try to get ahold of you after an auto accident. When they reach out, they could try to:
Act like your friend or ally, even though they are absolutely not on your side.
Trick you into saying anything they can use to blame you for the motor vehicle accident.
Threaten, bully, or scare you, with some even going so far as to lie or break the law to get their way.
Use other tactics to avoid paying legitimate claims.
So, be especially careful if you ever speak to insurance companies after an auto accident. And:
Do not take what they say as the final “word.” Second guess and double-check everything.
Do not assume they are looking out for you or your rights. It’s better to assume the opposite — that they are working against your interests.
Do not feel like you have to go at this alone. See the next step below.
Contact an attorney to learn more about your rights. At any point after a traffic collision, talking to a car accident attorney can give you the answers, support, and guidance you may need to:
Protect your rights.
Recover the compensation you may be entitled to, even if you are undocumented in Texas.
Experienced bilingual car accident attorneys can share more in a free consultation, and they will work on contingency, meaning they charge you $0 unless or until compensation is secured for your potential claim.
Will I Be Deported If I File a Claim?
In most cases, no. Filing a car accident claim is a civil issue, not a criminal or immigration matter. Personal injury attorneys are bound by confidentiality and will not report you to immigration authorities. That said, every case is different, and consulting a trusted attorney is the best way to protect yourself.
How Many Car Accidents Involve Undocumented Immigrants Each Year?
There is no exact national number, as most traffic reports do not record immigration status. However, various studies estimate that undocumented immigrants are involved in a small percentage of traffic collisions relative to the total number of drivers in the U.S. Importantly, being undocumented does not mean you are more likely to cause an accident — in fact, many studies suggest the opposite.
What If I Was Driving Without a License or Insurance?
Even if you were driving without a valid license or insurance, you may still be able to file a claim — especially if the other driver was at fault. However, your own violations could affect the outcome of your case, so it’s essential to speak with a lawyer immediately to understand your options.
How Can a Lawyer Help?
A car accident attorney can help you:
File your claim correctly
Communicate with insurance companies
Maximize the compensation you may receive
Protect your privacy and immigration status
If you’re undocumented and were involved in a car accident, don’t let fear stop you from protecting your health and financial future. Contact Amaro Law Firm for a free, confidential consultation.
