Understanding Immigration Status and Car Insurance Claims in Chicago, Il

Everyone in the United States has access to certain legal rights, regardless of their immigration status. Non-citizens have the right to seek compensation for injuries sustained via the claims process.

If you are an undocumented immigrant who has been in an accident, you may be able to take legal action to hold the other party liable. Read on to learn more from Rosenfeld Injury Lawyers about the effect of immigration status and car insurance claims.

How Immigration Status Affects Insurance Claims

Immigration status does not affect your ability to take legal action against a person or company that causes your injuries. It also does not stop you from filing insurance claims if you are the victim of an accident.

This makes sense when you consider that anyone around the world can file a legal claim in the United States. While filing personal injury claims is possible, filing an insurance claim can be difficult because of restrictions imposed by insurance companies.

Opting to file a personal injury claim against the other person involved might be the only way to seek fair compensation after a car accident.

Insurance Access and Coverage

In many states, you have to have insurance coverage to drive a car legally. However, undocumented immigrants may not be able to find coverage because they lack the documentation needed for insurance companies to approve them.

One of the most basic pieces of documentation required to obtain car insurance is a valid driver’s license. If you are undocumented, your legal status prevents you from obtaining a valid driver’s license, which in turn makes it more difficult to secure insurance.

Fault and No-Fault States

In an at-fault state, the driver responsible for the accident covers both drivers through their insurance. In a no-fault state, your insurance pays your medical expenses, lost wages, and other damages, regardless of fault.

Illinois is an at-fault state, but an undocumented party could complicate the compensation issue. For example, you may not receive the compensation you deserve if the other driver is undocumented and uninsured. Or, the insurance policy may not provide fair compensation due to your legal status.

Challenges Undocumented Drivers Face After an Accident

Getting into a car accident always comes with potential problems beyond the usual car repair and medical bill costs. Here are a few possible challenges undocumented drivers face after a car accident.

Fear of Deportation

Undocumented immigrants often have a fear of deportation that a U.S. citizen doesn’t have when trying to seek justice. Immigration law allows for undocumented immigrants to be detained and deported if they are found and identified by U.S. Immigration and Customs Enforcement (ICE).

This is especially true if they end up in a legal situation, which is why many people who are undocumented go to extreme lengths to avoid problems or the police. It is common to fear the risk of deportation associated with filing a personal injury lawsuit.

Insurance Denials or Low Settlements

Unfortunately, discrimination by insurance companies can also cause issues. Some insurance companies may offer very low settlements or outright deny claims from undocumented immigrants.

Without an experienced attorney, people have limited options to choose from.

Limited Access to Fair Compensation

Another potential issue is actually having the insurance company pay. If someone does not have a bank account, receiving payment from the insurance company may not be possible. It may also limit their ability to prove damages in a personal injury lawsuit.

Legal Protections and Navigating Car Accident Claims as an Undocumented Immigrant

The U.S. government has taken steps to offer some legal protection for undocumented immigrants. While every state varies, the government has made it easier for undocumented immigrants to take legal action if injured by a government vehicle or another driver.

State Laws Protecting Undocumented Drivers

Each state decides whether or how to enforce government regulations and creates its own laws. Each state has different rules regarding its interaction with undocumented drivers.

Illinois is one of many states allowing undocumented individuals to obtain a driver’s license, which can make it easier to get insurance.

Some states, like Virginia, offer an alternative to a traditional license called a driver’s privilege card. Alternatively, states like Florida are taking the opposite approach, where licenses issued to undocumented immigrants are not valid.

Obtaining Legal Representation For Personal Injury Law Assistance

For any undocumented driver involved in an accident, hiring a skilled car accident attorney in Chicago is a crucial step in protecting their rights. Just because they do not have United States citizenship does not mean they cannot seek legal assistance.

The key is finding the right attorney for the situation who can guide you through the key steps for undocumented immigrants to follow after a car accident. A compassionate personal injury lawyer can advocate to protect drivers’ rights, regardless of the claimant’s immigration status, and ensure they are treated fairly.

Filing Personal Injury Claims

One of the first things to do after a car accident is to report the incident to the negligent party’s insurance company. Don’t hesitate to initiate the claims process, as it can significantly impact the remainder of the case.

Accidents should be reported promptly so they can be investigated and avoid potential issues with the insurance provider. Then, you can get legal assistance from an experienced personal injury lawyer in Chicago who can help with gathering evidence to seek fair compensation.

Consult a Chicago Personal Injury Lawyer Near You

Remember that a person’s immigration status does not affect their legal right to file a personal injury or insurance claim. Being injured by someone else’s negligence entitles you to take legal action to protect yourself, even if you are an undocumented immigrant.

Contact Rosenfeld Injury Lawyers at 888-424-5757 or complete our online form for a free consultation.

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.