Being involved in an accident is stressful, but for undocumented individuals, it can be even more overwhelming. Many people fear that seeking legal help after an accident could put them at risk of deportation. However, being undocumented does NOT mean you lose your legal rights—you still have the right to file a personal injury claim and receive the medical treatments you need.
At Ybarra Law Firm, we believe that everyone deserves fair treatment under the law, regardless of immigration status. If you or a loved one has been injured while undocumented, here’s what you need to know about your legal rights and how to protect yourself after an accident.
You Have the Right to Seek Compensation
If you were injured in an accident caused by someone else’s negligence, your immigration status does NOT affect your right to file a personal injury claim. Whether you were involved in a car accident, a work-related incident, or another type of injury case, you may be entitled to compensation for:
- Medical treatments (hospital bills, rehabilitation, therapy)
- Lost wages if your injuries prevent you from working
- Pain and suffering
- Property damage (vehicle repairs or replacement)
Undocumented accident rights are protected under U.S. law, meaning you can still pursue a personal injury claim even if you do not have legal status. Insurance companies and courts do not ask about your immigration status when determining your eligibility for compensation.
Filing a Claim Will NOT Put You at Risk of Deportation
Many undocumented individuals fear that filing a personal injury claim could expose them to immigration authorities. However, personal injury lawyers handle these cases in civil court, NOT immigration court.
- Immigration authorities do not monitor civil lawsuits.
- The police and courts do not report accident victims to immigration enforcement.
- Your legal counsel is here to protect you, not expose you.
If you were undocumented and involved in an accident, do not let the fear of deportation prevent you from seeking the compensation you deserve. Legal actions related to personal injury cases are completely separate from immigration issues.
You Can Settle Your Case Without Going to Court
If you are uncomfortable going to court, you don’t have to. Most personal injury cases are settled outside of court through negotiations with insurance companies.
- Your personal injury lawyer handles all communication with insurance companies, so you do not have to speak with them directly.
- If you do not want to appear in court, we can negotiate a fair settlement on your behalf.
- Legal counsel is there to protect your rights and ensure you are treated fairly.
The goal is to make the legal process as stress-free as possible while securing the compensation you need.
What to Do If You’re Undocumented and Involved in an Accident
- Call the police and request a report. Even if you are undocumented, you have the right to have an accident documented.
- Do not admit fault. Never say “I’m sorry” or admit responsibility, as this could be used against you.
- Gather evidence. Take pictures of the scene, and get witness names and contact information.
- Do not speak to insurance companies alone. They may try to pressure you into a low settlement or ask unnecessary questions about your status.
- Seek medical treatments immediately. Even if you don’t have health insurance, your lawyer can help you find doctors who will wait for payment until your claim is settled.
- Contact a personal injury lawyer for undocumented individuals. Your attorney will guide you through the legal process and fight for the compensation you deserve.
You Deserve Legal Protection—Let Us Help
At Ybarra Law Firm, we understand the concerns undocumented individuals face after an accident. Our personal injury lawyers will handle your case with care, ensuring that you are treated fairly and that your legal rights as an undocumented individual are protected.
- Can I file a claim if I’m undocumented? Yes, and we will ensure you are not taken advantage of during the legal process.
- Will I have to go to court? Most cases settle without court appearances, and we will guide you through every step.
- What if I cannot afford medical treatments? We work with providers who will wait for payment until your case is resolved.
Our firm has successfully represented car accident victims, workplace injury cases, and personal injury claims for undocumented individuals.
