How To Handle Car Accidents Involving Undocumented Immigrants
Manji Law, P.C. discusses a scenario of car accidents that involved undocumented immigrants and how we can help. Learn more.
Manji Law, P.C.
315 W Ponce de Leon Ave, Suite 400 (4th Floor)
Decatur, GA 30030
Undocumented Immigrants and Car Accidents
Car accidents involving undocumented immigrants can be a serious issue. In most U.S. states, undocumented immigrants are not allowed to have a driver’s license. However, they may still be able to drive around.
Many undocumented immigrants do not have vehicle insurance due to their immigration status. As a result, getting compensation when they cause car accidents can be a little dicey.
Undocumented and uninsured immigrants are disproportionately involved in many hit-and-run accidents. Due to fear of deportation, many undocumented immigrants flee car accidents.
If you or a loved one has been injured in a car accident caused by an undocumented immigrant, speak with an immigration attorney or a personal injury lawyer as soon as possible.
How Personal Injury Attorneys Might be Helpful in a Car Accident With Undocumented Immigrants
Car accidents involving undocumented immigrants can lead to serious complications. Sometimes, you may need the services of a personal injury attorney so you can have a shot at receiving fair compensation.
The following are some ways that an attorney can help.
Proving Fault or Negligence
Many states of the U.S. require you to prove that the at-fault driver caused the car accident before you can receive compensation. The definition and extent of fault which attracts compensation will depend on the negligence laws in such states.
Proving negligence may sound easy, but it isn’t. To prove that someone was at fault for a car accident, attorneys must examine a tremendous amount of evidence, including police reports, pictures, videos, and witness statements.
With this relevant information, an attorney can build a personal injury claim to prosecute the driver and recover damages for the injured victims.
Managing Insurance Claims
Many undocumented immigrants are insolvent, meaning they don’t have enough assets to compensate the other driver for their injuries. If that happens, you can only seek compensation through your own insurance company.
Insurance companies are profit driven. They might deny your claim if an undocumented immigrant caused your car accident. Some may argue that the immigrant driver was not at fault.
Sometimes, your insurance company may tell you that your insurance policy does not cover such issues. Hence, it might be wise to consult an attorney after an incident so you can have someone experienced in your corner to fight for your rights.
How Does Immigration Status Affect Your Lawsuit?
The Supreme Court has never considered whether an undocumented immigrant can sue for personal injury and wrongful death.
However, state courts have decided the issue. In certain states such as California, immigration status evidence cannot be admitted or used in personal injury or wrongful death civil lawsuits.
If you are unsure whether to sue after an accident, our immigration attorney may be able to help you determine the way forward.
How Does Immigration Status Affect Your Accident Claim?
Your immigration status will not affect your car, motorcycle, or truck accident claim.
After being involved in accidents, many undocumented immigrants may be hesitant to file personal injury claims. You may worry that bringing the attention of the immigration authorities to you or a family member’s legal status could lead to deportation or be used against you.
In reality, it is unethical for a lawyer to use your immigration status as a threat. Also, an insurance company cannot refuse a settlement because of your immigration status.
Most insurance settlements are reached before lawsuits are filed, and your immigration status is not considered during the personal injury settlement. It doesn’t matter if you are currently on Temporary Protected Status, applying for asylum, or waiting for a visa or residency.
Obtaining Help for Accidents Involving Undocumented Immigrants
We understand the pains of accidents, especially if you don’t know who will pay medical bills and property damage. Here is where our personal injury lawyers can help you.
You can learn more about your legal options by employing the legal services of a reputable immigration office in Atlanta. If you are willing to take legal action, book a free consultation and speak to us immediately.