If an Undocumented Immigrant Is in a Car Accident, Can They Sue?
Founding Partner, Acosta Law Group. For over 20 years, my firm has been dedicated to a single principle: justice is not determined by citizenship. I am a personal injury attorney who has proudly represented hundreds of undocumented clients injured in accidents. I understand the law, and I understand the fear. This guide is written to give you clear, accurate information about your fundamental rights.
A car accident is a terrifying and disorienting experience for anyone. But for an undocumented immigrant, that fear is magnified tenfold. Questions race through your mind: “If I call the police, will they call ICE?” “If I go to the hospital, will I be reported?” “If I was hurt, do I have any rights?”
Let’s be unequivocally clear: Yes. Absolutely. An individual’s immigration status has no bearing on their right to file a lawsuit (sue) in civil court if they have been injured due to someone else’s negligence. This is a fundamental principle of the American justice system. You have the right to seek compensation for your injuries and losses.
Fear and misinformation prevent many injured people from seeking the justice and financial support they are legally entitled to. This guide will explain the legal foundation of your rights, address the valid fears you may have, and provide a clear, step-by-step plan to protect yourself after an accident.
The Legal Foundation: Your Right to Equal Protection
The right for any person, regardless of citizenship, to access the courts is deeply embedded in the U.S. Constitution. The **Fourteenth Amendment** guarantees that no state shall “deny to any *person* within its jurisdiction the equal protection of the laws.”
Notice the word the amendment uses: **”person,”** not “citizen.” This is a critical distinction. The U.S. legal system is composed of different branches. The court that handles a personal injury lawsuit (civil court) is completely separate from the court that handles immigration matters (immigration court). The job of a civil court judge and jury in an accident case is to answer two simple questions:
- Was someone negligent (careless) and did that negligence cause the accident?
- What are the damages (the financial value of the injuries and losses)?
Your immigration status is irrelevant to answering those questions. The principles of liability are the same for everyone. For example, the same rules that determine **if a spouse is liable for a car accident** apply to everyone—it’s about the actions of the driver, not their personal status.
The Fear of Deportation: Is It Safe to File a Lawsuit?
This is the most important question and the biggest source of fear. While no one can give a 100% guarantee against any immigration enforcement, it is crucial to understand these facts:
- Attorney-Client Privilege: Your communication with your personal injury lawyer is strictly confidential. They are your advocate, and their job is to protect you, not report you.
- Focus of the Case: The defendant’s insurance company is a business. Their goal is to pay as little as possible on the claim. Their focus is financial, not on your immigration status. In fact, bringing up your status in court is often prohibited as it is prejudicial and irrelevant to the accident.
- Separate Legal Systems: Filing a civil lawsuit does not automatically trigger an investigation by Immigration and Customs Enforcement (ICE).
HOWEVER, THIS IS CRITICAL: It is highly recommended that you consult with an experienced **immigration attorney** in addition to your personal injury attorney. An immigration lawyer can review your specific circumstances and advise you on any potential, unique risks. Your legal team should work together to protect all of your rights.
What You Can Sue For: Recovering Your Losses (Damages)
If you are injured by a negligent driver, you are entitled to the exact same types of compensation as a U.S. citizen. This includes:
- Medical Bills: Payment for all past and future medical care related to the accident, including emergency room visits, surgery, physical therapy, and medication.
- Lost Wages: Compensation for the income you lost while unable to work. This is recoverable even if you were paid in cash. Your lawyer can help you document your work history through testimony from you, your employer, or coworkers.
- Pain and Suffering: Compensation for the physical pain, emotional distress, and diminished quality of life caused by your injuries.
- Property Damage: The cost to repair or replace your vehicle and any other property damaged in the crash.
Your Action Plan: Steps to Take After an Accident
Your actions in the hours and days after a crash are vital to protecting your health and your legal rights.
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Seek Medical Attention Immediately
Your health is the absolute first priority. Call 911 if you are injured. Go to the emergency room or an urgent care clinic. This not only begins your recovery but also creates a medical record that officially documents your injuries from the accident.
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Document the Scene
If you are able, use your phone to take pictures of the vehicles, the license plates, the surrounding area, and any visible injuries. If there are witnesses, ask for their names and phone numbers.
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Do NOT Discuss Your Immigration Status
You are not required to discuss your immigration status with the other driver, the police, or any insurance representatives. If they ask, you can politely state that you will only discuss the facts of the accident and that your attorney will handle all other communication.
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Speak to a Lawyer BEFORE the Insurance Company
The other driver’s insurance adjuster may call you quickly and sound very friendly. Their job is to get you to accept a low settlement or say something that hurts your case. Do not give a recorded statement. Politely decline and tell them your attorney will be in contact. This is the single most important step you can take to protect your rights.
Helpful Tools for Your Case
Staying organized and documenting everything is key. These tools can help you manage the process.
Discreet Digital Voice Recorder
Why it helps: Use this to record your own notes and recollections immediately after the accident so you don’t forget details. You can also use it to record phone calls with insurance companies (be sure to inform them you are recording, as required by law in many states).
Check Price on Amazon
Secure Document Organizer
Why it helps: Your case will generate a lot of paperwork: the police report, medical bills, letters from your attorney, etc. Keeping everything in one secure, organized place is essential for building a strong case.
Check Price on AmazonFrequently Asked Questions (FAQ)
What if I was driving without a license or insurance?
While driving without a license or insurance will likely result in traffic tickets and fines, in most states, it does not prevent you from recovering money for your injuries from the driver who was at fault. The two issues are separate: your traffic violation does not excuse their negligence.
Can the other driver’s insurance company report me to ICE?
While it is theoretically possible, it is extremely rare. Insurance companies are not immigration enforcement agencies. Their business is handling financial claims. Creating a reputation for reporting claimants would discourage people from filing claims, which is not in their business interest.
What if I was a passenger in the car?
Your rights are even stronger as a passenger. You are clearly not at fault for the accident, and you have the right to file a claim against the insurance policy of the at-fault driver, whether it was the driver of your car or the other car.