Can you Get Deported for a Car Accident?

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Risk of Deportation After a Car Accident

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

Some even choose to flee the scene or give police false personal information out of fear of deportation — and those actions are precisely what can trigger removal proceedings.

Will I Be Deported for a Car Accident?

A car accident, by itself, is not a deportable offense. You cannot be removed from the United States simply for being in a crash, seeking medical care, or filing a personal injury claim.

But the encounter with police that follows a crash can carry immigration risk in some jurisdictions, and conduct connected to the accident — driving under the influence, reckless driving, vehicular assault, or fleeing the scene — can absolutely lead to removal proceedings under U.S. immigration law.

Most ordinary traffic infractions don’t affect immigration status. Certain criminal driving offenses can, including offenses classified as crimes involving moral turpitude or aggravated felonies under the Immigration and Nationality Act. Even lawful permanent residents have lost green cards over serious vehicular crimes.

How much exposure you face after a crash also depends heavily on where the crash happens. Texas, Florida, and other states with strict police-ICE cooperation laws operate very differently from California, Illinois, New York, and other sanctuary jurisdictions. Local enforcement policy — not just federal law — shapes what happens at the scene.

If you are involved in a car accident, do not flee, and do not lie about who you are. You have constitutional rights at the scene that protect you, and you have a right to compensation for your injuries regardless of your immigration status.

In this article, we’ll cover when a car accident can lead to deportation, what rights you have at the scene regardless of status, and what to do if you’re hit by another driver.

 

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

After an Accident

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Compensation

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Deportation Risks

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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

Calling the police after a crash protects you. The official police report documents fault, captures witness statements, and forms the backbone of any personal injury claim against the at-fault driver’s insurance company. Without it, the insurer’s version of events becomes the only version on record.

Know your rights at the scene before you say anything beyond the basics:

Provide your real name, license, registration, and insurance information. Do not volunteer your immigration status, country of birth, or how long you’ve lived in the U.S. Do not argue with the other driver about who is at fault — admissions made at the scene end up in the police report and the insurance file, and they can sink 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?

You have the right to file a personal injury insurance claim regardless of your immigration or citizenship status. The categories of damages available to you are largely the same as for any other injured driver — though, as explained below, the rules for one of them (lost wages) vary by state. The damages you may be able to claim 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 — Recovery of lost wages for undocumented workers varies by state. Some states (including New York under Balbuena v. IDR Realty) allow undocumented workers to recover lost U.S. earnings; others limit recovery to the wage rate of the worker’s home country, and a few apply Hoffman Plastic-style limits where false work-authorization documents were used. An experienced lawyer can tell you what your state allows.
  • 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 right to bring a claim and recover for medical bills, property damage, and pain and suffering does not depend on your immigration status. Lost-wage recovery is the one category where status can matter, and only in some states (see above).

Despite this, many insurance companies use scare tactics to bully undocumented claimants into accepting lower settlements. They operate under the assumption that you’re either afraid of deportation, uninformed about what your personal injury case is actually worth, or both.

An experienced personal injury lawyer is your best protection in these situations and the most reliable way to make sure your claim is valued the same way any other injured person’s would be.


What to Do If the Insurance Adjuster 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 adjusters 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 liability for the accident, and hire a personal injury lawyer who can help you deal with a hostile insurance adjuster. The adjuster will often say they’ll cover all expenses if you don’t file, or use the scare tactics described above to dissuade you from filing a claim — often hinting that you’ll be deported if you contact authorities. That is not how the law works.


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.

Local police and Immigration and Customs Enforcement may detain you based on your undocumented status, but the police report from the crash can support both your personal injury case and your deportation defense.

Detention does not extinguish your civil claim. You can still file and pursue a personal injury case while in immigration custody, and you can continue prosecuting that claim — through a U.S.-based attorney — even if you are removed to your home country.

A note on U visas. A U nonimmigrant visa is reserved for victims of specific qualifying crimes — domestic violence, felonious assault, sexual assault, kidnapping, and similar offenses listed in 8 CFR 214.14. An ordinary negligent car accident does not qualify. A U visa may come into play only in narrow circumstances — for example, when a crash is charged as felonious assault, vehicular manslaughter with intent, or similar conduct — and even then it requires certification from law enforcement. If anyone tells you a routine car accident makes you eligible for a U visa, talk to a licensed immigration attorney before you rely on that advice.

 

 

 

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