What Happens If an Undocumented Immigrant Get Into a Car Accident in California?
- Undocumented immigrants can seek compensation for car accident injuries.
- California law allows undocumented immigrants to obtain car insurance under AB 60.
- Immigration status does not determine fault in a car accident.
- You cannot be deported simply for being involved in a car accident or filing a lawsuit.
If you are injured in a car accident in California, you are entitled to damages from the responsible parties, regardless of your immigration status. You must file a police report, but the California TRUST Act and Assembly Bill 60 prohibit law enforcement from notifying Immigration and Customs Enforcement, or ICE, in most cases. The lawyers at our family-owned California car accident law firm are ready to advocate for you, protect your rights, and help you recover the compensation you deserve.
- Can Undocumented Immigrants Recover Compensation?
- Can Immigrants Get Car Insurance in California?
- How Does Car Insurance Impact a Car Accident Claim?
- Are Undocumented Immigrants Automatically at Fault?
- Can I Get Deported for a Car Accident in California?
- Will a Car Accident Affect My Immigration Status?
- Contact Cutter Law for a Free Case Review
Can Undocumented Immigrants Recover Compensation?
Yes, you can receive compensation if you or your loved one is an undocumented immigrant injured in a car accident because of someone else’s negligence. We have found that undocumented residents often avoid reporting accidents for fear of being deported, but the laws in California protect you from deportation and allow you to seek justice.
California’s Transparency and Responsibility Using State Tools Act, commonly known as the TRUST Act, limits law enforcement’s ability to report you to immigration authorities or cooperate with ICE detainer requests. Law enforcement is only permitted to report you to ICE if you have been convicted of certain crimes, and doing so does not violate other state or federal laws.
By reporting your accident, you give yourself the opportunity to recover financial compensation for your injuries without risking deportation. We are on your side at Cutter Law. You can count on our compassionate attorneys to protect your rights and fight for full compensation.
Can Immigrants Get Car Insurance in California?
Yes, you can purchase car insurance in California as an undocumented resident. The law requires drivers to carry insurance, regardless of immigration status. You must purchase the following minimum coverage:
- $15,000 for injury or death to one person
- $30,00 for injury or death to multiple people in a single accident
- $5,000 for property damage
You also have the option of purchasing uninsured and underinsured motorist coverage, which protects you if the at-fault driver does not have insurance or whose coverage is insufficient to cover your damages.Â
Most insurance companies require a driver’s license to purchase insurance. Assembly Bill 60, or AB 60, is a California law that allows undocumented residents to obtain driver’s licenses to drive legally in the state and protect themselves financially on the road.
AB 60 Driver’s License
California drivers generally must provide citizenship or legal residency documents to receive a driver’s license. However, AB 60 allows undocumented residents to obtain a license without verifying their legal residency status. The license specifies that you are undocumented, but it serves as valid identification for driving and insurance purposes. When issuing an AB 60 license, the Department of Motor Vehicles must accept any documentation that provides satisfactory proof of your identity, such as the following:
- A passport from your country of origin
- A marriage license
- A foreign driver’s license
- A United States Homeland Security Form I-589, I-20, or DS-2019
- An official school or college transcript that shows your date of birth
Insurance companies cannot discriminate against you for having an AB 60 license. They cannot turn you away, charge you higher rates, or turn you over to immigration authorities. If you cannot afford insurance at the regular price, you may be entitled to receive lower rates through California’s low-cost insurance program.
How Does Car Insurance Impact a Car Accident Claim?
Liability insurance protects you if you are at fault in a car accident that injures someone else or damages their vehicle. The other driver can file a claim against your insurance, and your insurance should cover their damages. If you do not have insurance, you may be personally liable. The other driver may be able to recover damages from their uninsured motorist policy, but if their policy falls short of covering their damages, they could sue you.
If you are injured and the other driver is at fault, you can file a claim with the at-fault driver’s insurance company for your medical bills, lost wages, pain and suffering, and other losses.Â
If the at-fault driver is uninsured or the driver’s coverage is insufficient to cover your damages, you can file a claim with your uninsured or underinsured motorist coverage. You also have the option to sue the at-fault driver if there is not enough insurance to cover all of your losses.
Are Undocumented Immigrants Automatically at Fault?
Your immigration status does not affect whether you are at fault for an accident. Assuming someone is at fault because of their undocumented status constitutes discrimination. Fault for a car accident depends on the actions and omissions of all parties leading up to the accident, such as the following behavior:
- Speeding
- Drunk driving
- Distracted driving
- Failing to yield
- Disobeying traffic signals
One of the most important jobs of a reputable car accident lawyer is determining who is liable. Multiple parties, including drivers, car manufacturers, government entities, trucking companies, and vehicle owners, are often responsible for accidents.Â
In some cases, both drivers make mistakes that lead to an accident. If you are partly at fault, you can still receive compensation. Under California’s comparative negligence law, you can receive damages no matter how much blame you share, as long as you are not completely at fault. However, your compensation will be reduced in proportion to your share of the fault. Your immigration status does not affect your share of fault or your ability to recover compensation if you are partly at fault.
Can I Get Deported for a Car Accident in California?
You cannot be deported for being involved in a car accident. The only exception is if you are convicted of a crime, such as driving under the influence in connection with a car accident. Even if you were at fault for the accident or received a speeding ticket, it is not enough to authorize law enforcement to report you to immigration officials.
You cannot be deported for seeking medical care. Every health care provider in the United States is bound by the Health Insurance Portability and Accountability Act, or HIPAA, a federal law that protects your privacy when you receive medical care. We can help you find the most qualified doctors to treat your injuries if you are unsure where to go.
You cannot be deported for filing a lawsuit. Under California Evidence Code §351.2, immigration status is not admissible in court, and no one involved in the case can investigate your immigration status.
Will a Car Accident Affect My Immigration Status?
Being involved in a car accident generally will not affect your immigration status unless you are charged with a crime and convicted. Otherwise, law enforcement is prohibited from providing your information to ICE. Involvement in a car accident or a lawsuit is not a crime. A car accident will not impact a citizenship or green card application, even if you are at fault.
Contact Cutter Law for a Free Case Review
If you were in an accident and your residency status is undocumented, you have a right to seek compensation from those responsible without the threat of deportation. The other side may attempt to use your immigration status to scare you out of filing a claim. An experienced attorney can prevent these tactics, protect your rights, and help you receive compensation for your losses.
We understand how important your family is to you. Thus, we are dedicated to supporting your whole family through this process. Your experience with our attorneys is important to us. Our goal is for you to be able to focus on healing while we handle your case. We will do the following and more:
- Investigate your accident
- Identify the liable parties
- Interview witnesses
- File your insurance claim
- File your lawsuit
- Negotiate a settlement
- Fight for you in court if necessary
You will have our entire law firm advocating for your rights and fighting for you—with no upfront cost to you. We only accept payment if we win your case. We offer service in Spanish and English. Contact us today to schedule your free case review.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
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