Recovering compensation for a car accident can be challenging if an undocumented immigrant causes the crash. Many states make it difficult or impossible for these individuals to drive legally when they are not allowed to obtain a driver’s license.

This legal restriction makes it challenging for undocumented aliens who cannot get insurance coverage and leaves other motorists in jeopardy if the crash was not their fault.

The car accident attorneys at Rosenfeld Injury Lawyers LLC protect all rights and fight tirelessly to ensure that everyone is treated fairly in the eyes of the law regardless of their national status. Our firm represents immigrants and others seriously injured in car accident with illegal immigrants.

Contact our personal injury law office at (888) 424-5757 (toll-free phone number) or use the contact form today for immediate legal advice and schedule a free consultation. All confidential or sensitive information you share with our legal team remains private through an attorney-client relationship.

car accident with illegal immigrant

Who Can Receive Compensation for Injuries Sustained in a Car Accident?

Regardless of the political sentiment held about undocumented foreigners, everyone in America has the right to monetary recovery if they have been injured in an accident due to someone else’s negligence.

These rights extend to all residents, temporary residents, and those in the country illegally to recover the cost of their medical care, lost wages, pain, suffering, and any other out-of-pocket expenses incurred from a car accident.

The Difference Between an Immigrant and a Non-Immigrant

A non-immigrant is an individual who enters America for a specific purpose, such as work, school, or tourism and returns to their home country when the task is completed. A non-immigrant is in America legally as long as they maintain their status and don’t commit a crime.

An immigrant is a foreign-born individual who permanently enters America to live in the United States. The immigrant can eventually become a naturalized citizen and obtain a US passport.

Insurance Companies Routinely Violate Undocumented Immigrants’ Rights

Corporations routinely take advantage of individuals without US legal status by corporations that know that undocumented immigrants are less likely to defend their rights. They might fear that standing up for themselves can make them a target for authorities and political groups.

Some fear that insurance companies will use their undocumented status to deny benefits to immigrant victims who do not have a social security number. However, this practice is unethical and unlawful.

Victims have the right to get the monetary compensation they are entitled to receive and should take legal action against insurance companies that do not follow the law.

If you have been denied an insurance claim for this reason and the accident that caused your injuries was not your fault, you should contact a lawyer right away to ensure that you retain your rights.

We can help you stand up to these insurers and aggressively recover the monetary compensation that every person living in or visiting the United States is guaranteed under the law.

Undocumented Immigrants Are Protected by the Courts When Filing Claims

Individuals here without legal status might choose to remain quiet because they do not want to draw attention to themselves. However, by law, every citizen and non-citizen here, legally or not, is protected by the court when taking legal action for monetary recovery.

Local, state, and federal law enforcement agencies are prohibited from searching court documents for information about the legal status of anyone suing a responsible party who is at fault for causing them harm.

Since this is not common knowledge, many undocumented immigrants owed monetary recovery allowing their rights to be violated in fear.

Their inaction to obtain the monetary recovery needed to pay for quality healthcare, pain, suffering, lost income, and other related expenses could be financially devastating for their family.

If you have been in an accident, your legal status will never prevent you from receiving compensation pay for the following.

  • The cost of medical treatment, including emergency care and appointments with specialists of your choosing
  • Reimbursement for the cost of medical procedures and rehabilitative therapy
  • Fair compensation to help victims who have suffered from injuries that render them disabled for the rest of their lives
  • The value of pain and suffering
  • Lost job and personal opportunities
  • All wages lost due to the inability to work

While it can be difficult to prove income when you do not have legal status in the United States, our accident lawyers can assist you and help take you through all court procedures.

Did You Know?

In a civil car accident lawsuit, the victim does not have to prove that the other driver broke the law to be held liable.

The victim only needs to show that the other driver was negligent in some way to be held responsible for the collision. For example, the other motorist may have been speeding, texting while driving, or under the influence of drugs or alcohol.

Uninsured Motorist Coverage

Being involved in a car accident where the other motorist is uninsured often makes it challenging to recover damages for injuries, pain, suffering, or wrongful death. However, the injured party may have a legal remedy by filing a claim with their own insurance company if they carry uninsured motorist coverage.

In Illinois, specific uninsured coverage is mandatory to be financially protected in a collision with an uninsured driver. The injured victim’s own insurance company will provide compensation for nearly all damages, including:

  • Hospital costs and medical bills
  • Lost wages and future lost earnings
  • Pain and suffering
  • Funeral and burial Costs in wrongful death cases
  • Punitive damages in some cases

If you have been involved in a motor vehicle accident with an uninsured motorist, immediately call the police and file a report.

Get the contact information of any witnesses at the scene, and take photographs of the accident if possible. Next, call your insurance company to notify them of the accident and begin the process of resolving a claim.

You should then contact an experienced car accident lawyer to discuss your legal options and help you obtain the maximum compensation possible for your claim.

Undocumented Immigrants Accident FAQs

Our car accident attorneys understand that many undocumented families have unanswered questions when dealing with a personal injury claim after being involved in a motorcycle accident. An attorney from our law firm has answered some of those questions below.

Call us at (888) 424-5757 for additional information or schedule a free consultation to discuss your claim.

Can an Illegal Immigrant Sue for Personal Injury?

According to immigration law, undocumented immigrants have the legal right to file a claim for financial compensation when harmed or suffering property damage in an accident.

The laws surrounding immigration services reveal that undocumented immigrants can file wrongful death lawsuits and personal injury claims.

Can You File a Civil Suit If You Are Here Illegally?

Every American citizen, legal resident, and illegal immigrant has the right to file a lawsuit in a court of law. Portions of the United States Constitution protect everyone within the boundaries of America, even those without immigration papers.

Every individual in America is guaranteed the same protection regardless of their immigration status.

The foreign national will need legal assistance to complete the procedure to file a claim for compensation after a motor vehicle accident. It’s critical to seek legal help if the foreigner does not speak English and has no understanding of civil court proceedings.

Can a Non-U.S. Citizen File a Lawsuit?

In recent years, non-citizens and undocumented immigrants were given the right to file civil lawsuits in federal and state courts. Immigrants might face citizenship problems in some states even if their employer has legally secured the proper documentation to work in the United States.

However, the individual can ask that the lawsuit or claim be removed from state court and transferred to federal court to be heard by a federal judge and jury.

Can Permit Residents File Suit for Car Accidents?

The United States Supreme Court upholds the Constitution that provides every citizen and non-citizen the same legal right to file a civil lawsuit for personal injury. Supreme Court Justices and attorneys refer to these rights as the Equal Protection Clause of the United States Constitution.

All people can file claims and lawsuits for car accidents when the other motorist is responsible for causing the accident.

Do Green Card Holders Have Constitutional Rights?

Any permanent resident of the United States can gain lawful employment and travel to and from America without first securing a travel visa. Also, every green card holder lawfully employed has the right to obtain a driver’s license.

Green card holders can file for workers’ compensation benefits when hurt in truck crashes, motorcycle collisions, and car accidents.

Every green card holder can be compensated for damages from the responsible party’s insurance company which could include:

  • Medical bills
  • Therapy and rehabilitation
  • Lost wages
  • Pain and suffering
  • Punitive damages

What Qualifies as an Undocumented Immigrant?

In America, undocumented youth are defined as minors without legal immigration status for US citizenship. The law sometimes refers to undocumented youth as being out of status, unauthorized, or unlawfully present.

Some people refer to undocumented immigrants using the derogatory term “illegal.”

Let Our Experienced Undocumented Immigrants Claims Attorneys Fight on Your Behalf

The immigration attorneys at Rosenfeld Injury Lawyers LLC believe that every injured person involved in an accident deserves to be treated fairly and receive the maximum compensation that the law allows. We seek justice and protect victims just like you.

Our immigration attorneys represent all non-US citizens, including Mexican citizens, residents with undocumented immigration status, Deferred Action for Childhood Arrivals (DACA) residents, and green card residents.

We invite you and your family members to call an attorney from our offices today at (888) 424-5757 (toll-free phone call) or through the contact form. Schedule a free consultation with one of our award-winning Chicago immigrant accident attorneys.

All discussions with your attorney remain confidential through an attorney-client relationship. Please do not send sensitive information to our law office through voicemail, email, or text message.

Our personal injury attorneys currently represent clients throughout the United States, Illinois, and the Chicago area, including Cook County, DuPage County, Kane County, Lake County, Will County, Arlington Heights, Aurora, Bolingbrook, Chicago, Elgin, Joliet, La Salle, Naperville, Schaumburg, and Waukegan.


Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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