DOES MY IMMIGRATION STATUS AFFECT MY ABILITY TO CLAIM IN AN AUTO ACCIDENT CASE?
Updated: Jan 31
By Carolina Nuñez, Esq. y Julio Muñoz
BEING INVOLVED IN A CAR ACCIDENT AS AN UNDOCUMENTED IMMIGRANT
Being involved in a car accident can nerve-racking and stressful situation. However, if you are currently an undocumented immigrant or/and processing your immigration status with the courts, a car accident may bring even more stress. Aside from having to worry about your injuries, you may wonder whether you should even report the accident.
Many questions may go through your head: “if I make a claim, will I be arrested or face deportation? Will this affect my current immigration status? Should I seek medical care?”
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.
If I make a claim, will I be arrested or face deportation? Will this affect my current immigration status? Should I seek medical care?
KNOW YOUR RIGHTS
If you were injured in a car accident as a result of someone else’s negligence, your immigration status has no impact on your right to pursue remedies for your injuries. Here in the United States, everyone is entitled to due process to pursue damages for injuries, lost wages, and property damage.
There are car accident cases in Florida in support of undocumented immigrants pursuing a claim. For example, Maldonado v. Allstate Ins. Co., 789 So. 2d 464 (Fla. Dist. Ct. App. 2001), the court held that a person’s status as an illegal alien is not relevant when filing a claim with their own auto insurance company, pursuant to Florida’s No-Fault Insurance
However, it is not unheard of that some insurance companies may still attempt to instill fear regarding your immigration status. For that reason, the best thing you can do, regardless of your immigration status, is to consult a personal injury attorney with a strong understanding of the law. With our help, you have a better chance of earning the compensation you deserve. We will fight for your rights and if you have been injured, it is our goal for you to not only feel better—but also recover your losses for lost wages, loss of quality of life, injuries, and more.
WHAT TO DO
The first step after a car accident is to check for injuries immediately and seek medical attention. Try to remain calm and not argue with the other drivers involved in the accident. Instead, exchange insurance information. If you can and are able to, try your best to collect evidence such as pictures of the vehicle, pictures of injuries, and file a police report. The next step is to call or text The Law Offices of Carolina Nunez, P.A. at 407-376-2229 to handle your claim. By retaining us, you do not have to pay us unless we win. It is good to contact us right away, that way we can immediately start working on your auto-accident case.
CONTACT US TODAY
If you’re an undocumented immigrant who is injured through fault of someone else in a car accident in Florida, you have legal rights and options to recover compensation. Our team consists of experienced auto-accident lawyers that are ready to fight for you every step of the way. We provide a small firm feel, with big firm results. Getting help from a knowledgeable personal injury attorney as soon as possible after an injury or fatality accident is important. A car accident attorney at The Law Offices of Carolina Nunez, P.A. may guide you throughout the process and work to help you to build the strongest case possible.
We are dedicated to fighting for the rights of injured victims and the families of those who are injured. Contact The Law Offices of Carolina Nunez, P.A. today online or call us at