What Happens in a Crash as an Illegal Immigrant in the U.S.?

Having an accident is not a crime. It can happen to anyone, regardless of their legal status in the country. If you’re Hispanic, you might wonder what happens if an illegal immigrant suffers a car crash in the United States. The short answer is that if the accident wasn’t your fault, you have the right to receive compensation. Your legal status does not concern your right to file a claim.

An undocumented immigrant has the right to file a claim and receive compensation for damages such as:

• Medical bills and other healthcare costs.
• Rehabilitation or recovery treatments.
• Lost wages from being unable to work.
• Missed business opportunities.
• Repair or replacement of your vehicle.

And much more. Having the help of a car accident lawyer in California with experience working with Latino immigrants is crucial to filing your claim, regardless of whether you have documentation. The assistance of these professionals is confidential, so you can feel comfortable openly discussing your situation and explaining all the details of the accident.

My Lawyer Mark is a Latino personal injury lawyer. In addition to offering 100% Spanish-language services, we are a compassionate and empathetic firm that seeks to help members of the Hispanic community in Southern California. We are Latinos like you, treating our clients like family. We understand your needs, fears, and concerns as an immigrant.

If you were hit and injured, don’t be afraid: call us at (866) 721-5808 for a confidential, completely free consultation. We can evaluate your case, determine the compensation you’re entitled to, and begin working on your claim as soon as possible.

Analyzing What Happens If You Get Into an Accident in the United States and Are Undocumented

Can I Be Deported for Being in an Accident and Filing a Compensation Claim?

Your immigration status does not define or limit your right to receive fair compensation if you’ve been the victim of a traffic accident. You are free to file a claim without fear of deportation, as U.S. laws protect you in this regard. Whether you’re a citizen, have a green card, or live in the country without documentation, you have the right to seek justice.

Remember that:

• You cannot be deported for reporting an accident, filing a lawsuit, or seeking medical care. The law protects you, and you should not let anyone intimidate you.
• Filing a lawsuit does not put you at risk of deportation. It’s a fundamental right that allows you to seek compensation for the damages you’ve suffered.

However, there are some disadvantages to consider:

• If you don’t have a valid driver’s license at the time of the accident, this could be considered a serious violation of California law. You might face criminal charges, fines, or even the suspension of your work permit (if you have one).
• The defendant may claim you were responsible for the accident because you didn’t have a license. This could affect the amount of compensation you receive.
• If you were under the influence of substances at the time of the accident, this is also considered a serious offense that could impact your immigration status. You could face criminal charges, jail time, or even deportation.
• If the accident resulted in someone else’s death or serious injuries and you are found guilty of a serious crime such as vehicular homicide or DUI with injuries, this could lead to deportation.

It’s important to be honest with authorities about the circumstances of the accident. If it’s discovered that you lied, it could affect your credibility and raise questions about your immigration status.

What If I Was Partially at Fault in the Accident?

If you were partially at fault for the accident, there are important things to know. You can still obtain compensation under the concept of shared responsibility or pure comparative negligence. This applies to everyone, regardless of legal status in the United States.

California follows the “shared responsibility” or “pure comparative negligence” law. This means you can receive compensation for your damages even if you were partially at fault. However, your payment will be reduced based on your percentage of fault.

EXAMPLE OF PURE COMPARATIVE NEGLIGENCE:
If a court finds you 25% responsible for the accident, you would only receive 75% of your damages. If your damages amount to $10,000, you would receive $7,500 ($10,000 – 25%).

Can I Be Threatened for Filing a Claim Without Legal Documents?

If the other driver threatens to report you to immigration authorities, it’s important not to fall for this trap and recognize it as an illegal intimidation tactic. If you face such threats, inform your attorney immediately and share any evidence supporting these claims, such as text messages, emails, or voice recordings.

Your attorney can take the necessary legal steps to protect you and prevent the other driver from interfering with your case. It is unethical for anyone to use your legal status to threaten you and stop you from filing a claim—whether it’s the other driver, their lawyers, the insurance company, or anyone else.

Can I get a U Visa if I’m an Accident Victim?

In some situations where the police are conducting a criminal investigation against other drivers involved in the accident, undocumented individuals who are victims of an accident may have the opportunity to apply for a U nonimmigrant visa. These criminal investigations may begin when:

• The person responsible for the accident was driving under the influence (DWI or DUI).
• The at-fault driver fled the scene of the accident.
• They were driving at an excessive speed, which is a criminal offense.
• They attempted to evade arrest by the police.
• The accident resulted in serious injuries or someone’s death.

It’s important to understand that these situations are complex and involve serious issues. To determine if you qualify for this type of immigration relief, it’s essential to consult an experienced attorney. Remember that while these cases are possible, they are not common.