Undocumented Immigrant Car Accident Guide

An undocumented immigrant car accident can be a scary situation if your legal status is a secret. Not knowing what to do can make it hard to take action, especially if you don’t know about your rights.

It is essential to remember that undocumented immigrants have rights under the U.S. legal system. If you need assistance, consider contacting legal representation from Rosenfeld Injury Lawyers to help protect your rights.

Immediate Steps Undocumented Immigrants Should Take Following a Car Accident

The steps you take after a car accident can determine the outcome of your case. Follow these steps right after an accident to improve your chances of a better outcome:

Ensure Safety

Start by ensuring the safety of everyone involved. Make sure you and your passengers are safe, then check on the other party. If possible, move to a different location, especially if you are on the highway or a busy street.

Exchange Information

Exchange information with the other party, regardless of who you think is responsible for the accident. This helps facilitate the insurance claim process. For an undocumented immigrant involved in a car crash, it is a good idea to get the contact information of the agency responsible for the vehicle.

In some states, the exchange of information is mandatory. Illinois law 625 ILCS 5/11-401 requires drivers to report accidents and exchange information. In Chicago, motorists must report crashes that cause injuries or property damage worth $250 or more, per municipal code 9-56-010.

Document the Scene

Next, document the accident scene as thoroughly as possible. Take pictures of the area and the accident. Your lawyer can use the pictures later when negotiating with insurance or filing claims.

Contact Law Enforcement

If you have not already done so, contact law enforcement. The police will arrive to assess the situation, ensure everyone is safe, and then create a report.

Seek Medical Attention

After the police are done at the scene, seek medical attention immediately. Some injuries can take hours or days to develop after an accident, and a medical exam may reveal injuries you didn’t even know you had.

This is also important for creating medical records for your personal injury claims.

Do Not Admit Fault

While you are doing all of this, it is important that you do not admit fault.

A lawyer can use your statements against you in court, so it may be best not to discuss the accident with anyone at the scene except a police officer. When speaking with the police, keep your statement concise and focus on the facts.

Consult a Car Accident Lawyer

When all of this is done, contact a Chicago car accident law firm to discuss your case. Personal injury attorneys work with accident victims regardless of their immigration status. Having the right lawyer on your side can change the outcome of your case.

Navigating Car Accident Claims as an Undocumented Immigrant

Accidents involving undocumented immigrants can be complex from a legal perspective since there are other considerations in the case related to being an undocumented driver. Laws surrounding immigration services, for example, can complicate what would be an otherwise straightforward process.

Undocumented Immigrants’ Rights in the Legal System

Many undocumented immigrants are hesitant to involve law enforcement in any part of their lives because there is a real fear that they will be deported for filing a personal injury lawsuit. They may also be unsure of the effect of their immigration status on car accident claims.

However, you do have rights under the law regardless of your immigrant status. You are entitled to fair compensation for injuries and damages.

Filing personal injury claims for compensation is just one of your rights. Insurance companies have been known to offer low settlements or deny claims in vehicle accidents involving undocumented immigrants. Working with experienced personal injury attorneys can help you with this since they can negotiate with insurance companies and fight for fair compensation.

Compensation You’re Legally Entitled To

Under the law, you’re entitled to collect compensation for any personal injury claim. For example, medical bills are among the most common damages claimed in personal injury cases, as well as lost income. You can also recover compensation for non-economic damages like emotional distress.

Illinois does not limit an undocumented person’s ability to recover damages in personal injury cases. This means you can seek financial compensation for the full amount of your losses.

Finding the Right Lawyer

A personal injury lawyer handles a vehicle accident involving an undocumented immigrant. However, you may want to look for one with experience representing undocumented immigrants. The specific circumstances of your case can lead to issues related to your immigration status, and a lawyer with the right expertise can mitigate these issues as much as possible.

At-Fault vs No-Fault States

In at-fault states like Illinois, you can file a claim with your insurance, and they seek reimbursement from the other driver who caused the accident.

Alternatively, you can hire a car accident attorney and file a claim directly against the at-fault driver if your insurance doesn’t cover the full cost of your damages.

The Statute of Limitations for Car Accidents

Whatever the circumstances of your accident and legal status, it is in your best interest to take legal action as soon as possible. There is a statute of limitations that determines how long you have to file for compensation. In Illinois, most personal injury claims must be filed within two years.

Undocumented immigrants are in a difficult position when it comes to vehicle accidents. There are risks and fears that other people don’t have to worry about. You can take legal action despite being an undocumented immigrant if you have the right legal team on your side.

Consult a Chicago Personal Injury Lawyer Near You

An experienced lawyer can make all the difference in your case. The team at Rosenfeld Injury Lawyers can help you recover lost wages, medical expenses, future medical treatment costs, and emotional distress.

Call us today at 888-424-5757 or complete our online form to request a free consultation about the legal process.

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.