Can you Get Deported for a Car Accident?

After an Accident

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Compensation

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Deportation Risks

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Risk of Deportation After a Car Accident

Many immigrants, especially undocumented, are understandably reluctant to call the authorities when they’re involved in a car accident.

Many even choose to flee the scene or provide law enforcement with false personal information, fearing that they might be deported - actions which may lead to deportation.

Will I Be Deported for a Car Accident?

No, you cannot be deported for a car accident, seeking medical attention, or filing a lawsuit claim.

The traffic laws apply to everyone in the U.S. regardless of immigration status, and it won't jeopardize your legal status.

If you are involved in a car accident, don't be afraid speak to the authorities and seek compensation for your injuries.

In this article, we’ll discuss when you can get deported for a car accident, what rights you have regardless of your immigration status, and what you should do if you're involved in a collision.

 

"insurance companies will resort to using the scare tactics to bully or offer a lower settlement amount when they realize you’re not a citizen..."

After an Auto Accident
(3 Important Steps to Protect Yourself)


Many undocumented immigrants (and those with legal immigration status) are reluctant and outright afraid to report an accident to proper authorities because of fear of deportation.

Regardless of your immigration status and circumstance, you should always adhere to the following:

Call 911

While you may be reluctant to call the police and implicate yourself due to your immigration status, to seek financial compensation for personal damage and personal injury against an at-fault driver’s insurance company, you should call the police.

You have legal rights to communicate with the police regardless of your immigration status, so in situations like this, it’s best to exercise that right.

Calling the police allows law enforcement to conduct an investigation and make an official police report of the accident, which can aid your personal injury lawsuit. Cooperate with the police officers and provide your real name and contact information; do not provide false information.

You have the right to remain silent and avoid discussing your immigration status with the police. It’s also best to avoid any arguments with the other driver about who’s at fault, as it may also hurt your personal injury claim.


Gather Information and Evidence

While you’re waiting for the police to arrive, it’s a good idea to gather some information about the other party, such as a driver’s license or an insurance card. Collect any pictures of the accident and sustained injuries, and make note of any potential witnesses to the event.


Seek Medical Attention

It’s important to seek adequate medical care following the accident. If you sustained minor injuries, you could seek medical attention immediately after the accident. Even small injuries can worsen over time without proper medical care and it's important to document sustained injuries from any pre-existing conditions which can impact your claim.

However, if you or anyone else involved sustained more severe injuries such as open lacerations, fractures, loss of consciousness, or anything similar, you should call emergency services before calling the police.

Explain that you’ve been involved in a car accident, and provide the necessary information about the accident and the number of hurt individuals. The emergency services will dispatch an ambulance and the police to the scene; the former will attend to the injured, while the latter will make a report and ensure that the scene is safe.



 

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What Damages Can I Claim After a Car Accident?

It’s important to know that you have the right to file for a personal injury insurance claim regardless of your immigration or citizenship status. There are several types of damages that you can claim to receive compensation for your losses. These may include:



Potential Compensation

  • Medical expenses — Compensation for medical expenses include any expenses incurred as a result of the auto accident, such as hospital bills, doctor’s fees, and prescription medication costs.
  • Lost wages — Regardless of your status, you might be able to claim lost wages for the time you were unable to work due to the injuries you sustained in the accident.
  • Property damage — You can claim the cost of repair for the damaged vehicle or the value of the entire vehicle if the vehicle was totaled.
  • Pain and suffering — This includes non-economic losses, such as physical and emotional pain.

It’s important to speak with an experienced car accident injury lawyer to determine which damages you’re eligible to claim and receive full compensation.


Will My Immigration Status Affect My Compensation?

IMPORTANT: Your immigration status won’t affect the compensations you’re entitled to, regardless of whether you’re documented or not. Despite knowing this, many insurance companies will resort to using the scare tactics to bully or offer a lower settlement amount when they realize you’re not a citizen.

This is because they’re trying to take advantage of your status, operating under the assumption that you’re either scared of deportation, uninformed about the financial worth of your personal injury case, or both.

Your personal injury lawyer is your best option to deal with these situations and ensure that your rights are equal to all involved parties, regardless of where you come from or what your status currently is.


What to Do If the Insurance Adjustor Blames You for the Accident

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This is something you need to pay special attention to. Insurance companies are businesses, and they tend to become bullies when there’s even a slight possibility of you filing a claim with them, regardless of whether you’re a US citizen or an immigrant.

Some adjustors might turn hostile when they discover you’re an immigrant because they know that undocumented immigrants are less inclined to defend their rights due to their status. They’re likely to ask questions about your immigration status as a bullying tactic to scare you and stop you from pursuing your car accident claim.

Regardless of what they tell you, do not accept the liability for the accident, and hire a personal injury lawyer< who can help you deal with a hostile insurance adjuster. The adjustor will often say that they’ll cover all expenses if you don’t file or use the aforementioned scare tactics to dissuade you from filing a claim, often trying to imply that you’ll be deported if you contact authorities, but that’s not the case.


When Can I Be Deported for a Car Accident?

It’s important to understand that the risk of deportation depends on various factors, and it usually isn’t a direct consequence of undocumented status. For example, let’s assume that you’re legally in the state and you’ve been involved in a car accident.

If you’re not at fault, you have nothing to fear regarding deportations; your rights are protected under the law, and you likely have the option to file a personal injury lawsuit and any other lawsuit against the at-fault driver.


   Do Not Flee The Scene of an Accident

Do not let fear of speaking to the authorities move you to flee the scene after an accident.

IMPORTANT: If you flee the scene it can lead to hit-and-run charges, which can result in arrest and deportation.

If you’ve committed a crime related to a car accident, such as driving under the influence, or reckless driving, or a hit-and-run you may face deportation. This depends on whether the crime you’ve committed is considered a deportable offense under US immigration law.

If you or your loved ones are undocumented immigrants and have been injured in a car accident due to another driver’s negligence, you should seek compensation. Share the details of your case and our attorneys will be able to help explain your legal options.

It’s important to understand that the police have the right to detain you if you’re undocumented, even if you’re a victim. This is why it’s important to cooperate with police officers when you report an accident.

The police and Immigration and Customs Enforcement might detain you for your illegal or undocumented status, but the police report can aid your personal injury case, and it can even aid your deportation defense case.

Likewise, police and ICE detentions can’t prevent you from filing for a U nonimmigrant visa, seeking deportation defense, or filing a personal injury case. You can also file for accident claims, a U visa, or an immigrant visa even if you get deported to your home country.

 

 

 

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Please select what happened?
Were you injured / hurt?
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Were you hospitalized or receive medical treatment?
Were you at fault for the accident?
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Where did the accident happen?
Was the other driver driving a commercial vehicle?
Please share how best to contact you
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