Car accidents are upsetting for anyone, but the situation is even more frightening if you’re not a U.S. citizen. Many non-citizens worry that reporting the crash, seeking medical care, or filing an insurance claim could put their immigration status at risk.
Texas law has protective rules in place regarding car accidents for non-U.S. citizens. If you were hurt in a collision that someone else caused, you have the right to pursue compensation, regardless of your immigration status.
In a diverse city like Dallas, car accidents involving immigrants happen often. Whether you’re here on a visa, a green card, or without legal documentation, it’s important to know the rights of non-citizens after a car crash in Texas.
Steps to Take After a Car Accident Involving Non-U.S. Citizens
Taking the right steps immediately after the crash can protect your health, your finances, and your legal rights. Here’s what to do:
- Call 911 and request a police report. No matter your immigration status, you should report the accident. A police report creates an official record of what happened, which is key when filing a claim. However, if you were driving without a valid license or insurance, be aware that the police may detain you. This doesn’t mean that you should flee the scene or not report an accident when required, though, or you may face greater legal troubles.
- Seek medical attention. Even if your injuries seem minor, get checked by a doctor. Delaying treatment can make injuries worse and weaken your claim. Medical records are proof that you were hurt as a result of the crash.
- Exchange information. Get the other driver’s name, phone number, license plate number, and insurance details. Even if one or both parties are undocumented, it’s still important to share as much information as possible.
- Avoid discussing fault or immigration status. Stay calm and polite, but don’t admit fault or talk about your immigration background. What you say at the scene could be used against you later.
- Take photos and collect witness information. Use your phone to photograph any vehicle damage, injuries, road conditions, and traffic signs. If there are witnesses, ask for their contact details.
- Call a car accident attorney for immigrants before speaking to insurers. Insurance companies may pressure you into giving a recorded statement or accepting a quick settlement. A qualified car accident lawyer in Dallas can deal with insurers on your behalf and make sure your rights are fully protected – regardless of your immigration status.
If you’re unsure about what to do next, or if the crash involved someone who is undocumented, don’t try to navigate the situation alone. Contact a Dallas personal injury attorney for help with an undocumented immigrant car accident claim.
Immigration Status and Texas Personal Injury Law
Your immigration status does not determine your right to seek full and fair compensation after a car accident. The U.S. Constitution and personal injury laws protect everyone by allowing them due process. If you were injured in a crash that was someone else’s fault, you are legally entitled to seek compensation, no matter your documentation status.
Texas courts only consider the facts of the accident: who was at fault, what injuries resulted, and whether you suffered financial or emotional damages. Your legal right to pursue compensation is based on the incident itself – not your citizenship or visa status. You may be eligible to pursue compensation for medical bills, lost wages, future care needs, property damage, and pain and suffering.
Will Filing a Claim Affect My Immigration Status?
Many immigrants are concerned about whether filing a personal injury claim could lead to immigration trouble. The good news is that simply pursuing compensation for your injuries should not trigger immigration enforcement. Personal injury claims are handled in civil court, which is entirely separate from the immigration system.
Insurance companies and Texas civil courts are not required to report people to immigration authorities. Their role is to resolve disputes over liability and damages, not to question someone’s legal status.
However, if the car accident involved criminal behavior – like driving under the influence, leaving the scene of the crash, or driving without a valid license or insurance – it’s wise to speak with a personal injury attorney, a criminal defense attorney, and an immigration lawyer. While the claim itself shouldn’t impact your status, any criminal charges related to the incident could have broader legal consequences. An experienced attorney can help you navigate all sides of the issue and protect your rights.
Can I Refuse to Disclose My Immigration Status?
In most personal injury cases, you are not required to disclose your immigration status. In fact, that information is usually not even admissible in court under Texas law. Texas judges generally recognize that introducing immigration status can unfairly bias a jury and distract from the real issues: who was at fault and what damages occurred. If your case goes to trial, your attorney can also file motions to exclude any mention of your immigration status from the proceedings.
Most cases settle out of court long before trial, though. Unfortunately, some insurance adjusters may try to use your immigration status to pressure or intimidate you into settling for less than your claim is worth. This is another reason why having an experienced personal injury lawyer on your side is essential. A knowledgeable attorney will handle all communications with the insurance company and help protect your rights.
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What If the At-Fault Party Is Undocumented?
All drivers in Texas, regardless of immigration status, are legally responsible for the damages they cause in a car accident. If the at-fault driver is undocumented and lacks insurance or a valid driver’s license, you may still have options for recovery through your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it. In some cases, you may be able to file a personal injury lawsuit against the at-fault driver.
These claims can be complex, especially if the other driver leaves the scene or provides false information. A skilled attorney can investigate the crash, gather evidence, and help you pursue the compensation you’re owed.
Talk to Our Dallas Car Accident Attorneys
Non-citizens have legal rights after a car accident in Texas. However, car accident cases involving immigration concerns require a careful, knowledgeable approach. Fortunately, you don’t have to face the legal system alone. The team at Kraft & Associates, Attorneys at Law, P.C. is here to provide legal assistance for non-U.S. citizens in car accidents. We have over 50 years of experience handling personal injury cases in Dallas. We know how to protect your rights, fight for the compensation you deserve, and support you throughout your case.
To learn more, read what former clients have said about their experience on our testimonials page, where they call us “very professional, helpful, and honest.” Then, call (214) 999-9999 or contact us online for a free consultation with our Dallas car accident lawyers.