There are various concerns over car accidents or personal accidents when an immigrant is involved. They might wonder: Can they take legal action? Does that put them at risk of being deported? These are just some of the questions that may be asked. The good news is that you have the legal right to file a lawsuit for financial compensation or property damage in an accident. As an undocumented immigrant, you can file wrongful death lawsuits and personal injury claims, according to the laws surrounding immigration services. When it comes to fear of deportation after an accident, the law states you cannot be deported for reporting an accident, seeking medical attention, or filing a lawsuit.
What To Do After An Accident
Usually, undocumented immigrants are afraid to report an accident to authorities, even when they are not at fault because they fear deportation. No matter what your immigration status is, you should follow the same procedures as any other driver. Choosing to flee the scene could result in hit-and-run charges, which will end in arrest and deportation.
If you were in an accident, follow these steps:
- Do not leave the scene. Instead, gather all the evidence that can prove you were not at fault, including any injuries caused by the accident.
- If it was a car accident, check on the other driver and trade your contact and insurance information.
- When the police arrive, tell them your real name and contact information, but do not offer details of your immigration status. Be cooperative with the officer, but remember not to say anything that might admit fault to the accident.
- Make sure to get a police report or a report from your boss, depending on the type of accident.
- Seek medical attention as soon as possible. Be cooperative with the doctors and get a detailed report of your injuries. If you act as if your injuries are not severe, it will be harder for you to receive compensation.
What Type Of Attorney Do I Need In This Case?
You will need a lawyer experienced in handling accident cases. You can get in touch with a personal injury lawyer or a car accident lawyer, but it would be best if the attorney is also experienced in Immigrant Injury Rights. Many attorneys specialize in immigrant personal injury. Choose the one you feel most comfortable with.
If you or a loved one are an undocumented immigrant and have a car or work accident due to someone’s negligence, you should seek compensation for your injuries. If you have been denied an insurance claim because of your undocumented status and the accident that caused your injuries is not your fault, you should contact a lawyer right away to ensure your rights are represented and recover the financial compensation that every person living in or visiting the United States is guaranteed under the law.
Those without legal status in the United States are often taken advantage of by corporations that know that undocumented immigrants are less inclined to defend their rights. Undocumented immigrants often fear that speaking up for themselves may make them a target for authorities and political organizations. If this is your situation, it is in your best interest to retain an immigration lawyer who can help you change your legal status. Alice Antonovsky is an NYC immigration lawyer experienced in all matters of immigration law. Learn more about her law practice here: Alice Antonovsky | Immigration Attorney | AANTLAW.COM