Don’t Be Afraid to File a Claim – Legal Rights After an Accident for Undocumented Immigrants in Florida

By Florida Personal Injury Attorney Carolina Nunez, Esq.

Being involved in a car accident is stressful enough. For documented immigrants or individuals navigating the court process, it can be downright terrifying.

Many questions may flood your mind:

If I make a claim, will I be arrested or deported?

Will this affect my immigration status?

Should I go to the hospital or call a lawyer?

The reality is that many undocumented immigrants are too scared to sometimes even do anything about the accident. Oftentimes, many go to work while in pain, deal with the property damage themselves, and oftentimes—take significant emotional, financial, and physical losses.

At The Law Offices of Carolina Nunez, P.A., we know your fear is real. You have rights and you don't have to go through it alone.

You Have Legal Rights, Your Immigration Status Does Not Erase Them After a Car Accident Injury

If you’re injured due to someone else’s negligence, your immigration status does not prevent you from pursuing a personal injury claim in Florida. You may be entitled to:

• Medical care

• Compensation for pain and suffering

• Lost wages

• Property damage

• Legal representation

In Maldonado v. Allstate Ins. Co., 789 So. 2d 464 (Fla. 3d DCA 2001), the court held that a person’s immigration status was not relevant to filing a claim under Florida’s No-Fault system. Under Fla. Stat. § 627.736, Florida drivers—regardless of immigration status—may be entitled to PIP benefits or bodily injury coverage depending on the vehicle and policy.

Insurance companies may try to intimidate you or suggest that your immigration status is relevant—it’s not. That’s why working with a trusted attorney is critical.

What You Can Do After An Accident To Protect Your Rights, Regardless Of Your Immigration Status

1. Check for injuries and seek immediate medical attention.

2. Do not argue with the other driver—exchange insurance information.

3. Take photos of the damage, the scene, and any injuries.

4. Call the police and file a report (if you’re comfortable doing so).

5. Contact our firm right away so we can protect your rights from the start.

Hire an Attorney That Understands Your Concerns After An Accident in Florida

We are a bilingual, community-based law firm that helps injured people across Florida—no matter their background or immigration status.

We are dedicated to fighting for the rights of all injured victims and the families of those who are injured. Contact The Law Offices of Carolina Nunez, P.A. today 407-900-FIRM.

If you prefer to avoid the phone, you can also fill out our Online Accident Case Review Form to schedule a consultation at one of our offices near Orlando in Winter Park or Daytona Beach. We offer virtual consultations statewide. Regardless of your immigration status, if you have been injured in a Florida auto accident caused by someone else, don't stay silent. Let us fight for your right to recover.

Abogada Carolina Nunez está muy orgullosa de sus raíces Latina y cree que todas las personas deben ser tratadas igual, independientemente de su estatus migratorio. Si ha resultado herido en un accidente en Florida sin culpa propia y necesita un abogado que hable Español, llámenos al (386) PLEITOS o haga click aquí para completar nuestro Formulario de Accidentes en Español.