If you are an undocumented immigrant living or working in New York and you have been involved in a car accident or personal injury accident, you have legal rights. Regardless of your immigration status, U.S. law gives every person the right to seek compensation for injuries caused by someone else’s negligence. You do not need to be a citizen or have legal immigration status to file a personal injury claim.
At Rosenberg & Rodriguez, PLLC, we understand the unique fears and challenges that undocumented immigrants face after an accident. We are here to guide you through the legal process with complete confidentiality and without judgment. Your safety, health, and legal rights matter to us.
Can Undocumented Immigrants File a Personal Injury Claim in New York?
Yes. Undocumented immigrants have the same legal right as any other person to file a personal injury claim, car accident lawsuit, or wrongful death claim in U.S. courts. The civil legal system does not distinguish between documented and undocumented individuals when it comes to seeking compensation for injuries caused by negligence.
Immigration status is not relevant to determining fault in a car accident or premises liability case. The only factors that matter are the circumstances of the accident, who was at fault, and the extent of your injuries and damages.
Fear of Deportation: What You Need to Know
One of the most common concerns among undocumented immigrants is the fear of deportation after becoming involved in an accident. Here is what the law says:
- Reporting an accident to police does not trigger deportation proceedings
- Seeking medical attention after an accident does not put you at risk of immigration consequences
- Filing a personal injury lawsuit is a civil legal matter entirely separate from immigration enforcement
- Courts do not share civil case information with immigration enforcement agencies for standard accident claims
- Law enforcement officers responding to accidents are focused on investigating the incident, not on immigration status
While we strongly recommend you consult with both a personal injury attorney and an immigration attorney for comprehensive guidance, it is important to know that filing a civil claim for injuries is a protected legal right that does not make you deportable.
What Should an Undocumented Immigrant Do After an Accident?
The steps you take immediately after an accident are critical for both your health and any future legal claim. Follow these guidelines:
- Stay at the scene. Leaving the scene of an accident can result in criminal charges, including hit-and-run, which can create immigration consequences
- Call 911 and report the accident. Request police and emergency medical help. Police reports are essential for any insurance claim or lawsuit
- Seek medical attention right away, even if you feel fine. Some serious injuries do not show symptoms for hours or days after the accident
- Exchange information with the other driver: name, contact information, insurance details, and vehicle information
- Document the scene. Take photos and videos of the vehicles, road conditions, injuries, and anything else relevant
- Do not admit fault or speculate about what happened
- Do not discuss your immigration status with anyone at the scene, including the other driver or insurance adjusters
- Contact Rosenberg & Rodriguez, PLLC for a free, confidential consultation
What Compensation Can an Undocumented Immigrant Recover?
Undocumented immigrants injured in accidents in New York may be entitled to recover compensation for the same categories of damages as any other accident victim, including:
- Medical expenses: emergency care, hospitalization, surgery, physical therapy, and future medical treatment
- Lost wages and loss of earning capacity (even informal or cash-based income can be factored into calculations)
- Pain and suffering, including emotional distress and psychological trauma
- Property damage
- Wrongful death damages if a family member was killed in the accident
It is important to note that lost wage calculations can become more complex for undocumented immigrants, since the ability to legally work in the U.S. may be a factor. However, an experienced personal injury attorney can work with economic experts to document your actual earning capacity and losses.
Dealing with Insurance Companies as an Undocumented Immigrant
Insurance companies are legally prohibited from discriminating against you or denying your claim based on immigration status. Their role is to evaluate the facts of the accident, not your citizenship. However, insurance adjusters may try to take advantage of your fears or inexperience with the legal system to offer you a low settlement or pressure you to accept less than you deserve.
Before speaking with any insurance adjuster or signing any documents, contact an attorney. At Rosenberg & Rodriguez, PLLC, we handle all communications with insurance companies on your behalf, protecting your rights at every step.
What if the Other Driver is Uninsured or Underinsured?
If you are in an accident and the at-fault driver has no insurance or insufficient coverage, you may still have options for recovering compensation through your own uninsured/underinsured motorist (UM/UIM) coverage if you have an automobile policy. Even if you do not have insurance yourself, there may be other legal avenues our attorneys can explore.
New York’s No-Fault Insurance Law and Undocumented Immigrants
New York is a no-fault insurance state. This means that if you are injured in a car accident, your own automobile insurance policy is required to pay for your medical expenses and lost wages up to the policy limits, regardless of who was at fault. If you do not have your own auto insurance, you may still be able to file a claim under the at-fault driver’s policy.
For injuries that exceed the no-fault threshold, defined as a serious injury under New York law, you may be able to pursue additional compensation through a third-party liability claim or personal injury lawsuit against the at-fault driver.
Why Work with Rosenberg & Rodriguez, PLLC?
At Rosenberg & Rodriguez, PLLC, we have been serving New York’s diverse communities since 2001. We are proud to offer legal services in Spanish and Russian in addition to English, and we have extensive experience representing clients from all backgrounds, including those with sensitive immigration situations.
Our firm offers:
- Free, confidential consultations
- Contingency fee representation: you pay nothing unless we win your case
- Home and hospital visits if you cannot come to our office
- Decades of experience handling personal injury cases in New York City and Long Island
- Bilingual staff available to assist you in Spanish
The Statute of Limitations in New York
In most personal injury cases in New York, the deadline to file a lawsuit is three (3) years from the date of the accident. For wrongful death claims, the deadline is two (2) years from the date of death. Do not wait to seek legal help. Evidence disappears, witnesses forget details, and missing a deadline means permanently losing your right to compensation.
CALL US TODAY AT (516) 442-7310 OR (212) 233-3345 FOR A FREE, CONFIDENTIAL CONSULTATION.
You have rights. You have options. Let Rosenberg & Rodriguez, PLLC fight for the compensation you deserve, regardless of your immigration status.
