Undocumented Immigrants’ Right to File Car Accident Claims in Florida
How to file a car accident claim if you are undocumented in Florida? Car accidents are an unfortunately daily fact of life in Florida. When an undocumented immigrant is injured in a car crash through no fault of their own, they may have misconceptions or hear misinformation about their right to seek compensation from the driver or parties at fault for the car accident. Even if a person is not lawfully present in the United States, they still have the right to equal protection under federal and state laws. This includes the right to seek financial compensation from parties responsible for inflicting injury and to access the courts to enforce that right.
Pursuing a legal claim for compensation, even when you need money to help you recover from injuries, can be a scary proposition for an undocumented immigrant. The Florida personal injury lawyers at Gonzalez & Cartwright, P.A. will defend the rights and interests of undocumented immigrants who have been injured in car accidents to ensure they can pursue the financial compensation they need and deserve.
Contact our firm today for a free case evaluation to learn more about your rights to compensation as an undocumented immigrant injured in a car accident in Florida, and to discuss how our firm can help you assert your rights and protect your interests throughout the process of pursuing the financial recovery you deserve.
Filing a Car Accident Claim as an Undocumented Immigrant
If you are an undocumented immigrant who was injured in a car accident that was caused by a negligent or reckless driver, filing a claim for compensation for your injuries and losses may begin with filing a claim with your own auto insurance company under the personal injury protection coverage in your policy, pursuant to Florida’s no-fault insurance system, which can help pay for medical expenses and lost wages.
If your losses and expenses exceed any insurance coverage available to you, you may be entitled to pursue a claim for compensation against the driver at fault for the crash. Unfortunately, at-fault drivers or their insurance companies may try to dissuade you from pursuing a claim for compensation by implying or threatening immigration consequences if you bring your claim. However, your immigration status should have no effect on your right to compensation from the party or parties responsible for injuring you in a car accident in Florida.
In some cases, it may become necessary to pursue your car accident claim by filing a lawsuit in court. Your immigration status should not be an issue in your car accident lawsuit — for example, court officials will not ask you if you are lawfully present in the U.S. If the other side tries to bring up your immigration status during your case, an experienced car accident attorney can push back to make sure your status does not distract from your right to compensation.
How Gonzalez & Cartwright, P.A. Can Help
Undocumented immigrants may understandably fear being identified by immigration officials and being subject to deportation if they try to file a claim for compensation following a car accident, especially if they have to present themselves in court to pursue their claim. At Gonzalez & Cartwright, P.A., our experienced car accident attorneys can help protect you from immigration consequences you might be subjected to simply because you exercised your right to demand compensation from those responsible for injuring you and causing you to suffer losses.
Our attorneys can handle all the hard work in investigating and developing your claim to ensure you have an effective, persuasive case for being compensated for the injuries and losses you’ve suffered from a car accident. We can provide expert assistance and advice if you are not fluent in English or if you are unfamiliar with the laws and the legal system here in Florida.
More importantly, our experienced legal team can help you through your concerns about immigration consequences from bringing your claim due to your undocumented status. We will aggressively fight back if the at-fault party or insurance company tries to threaten you with your undocumented status to get you to drop your claim or accept less than the fair and full compensation you deserve, or if they try to make your undocumented status an issue in your case.
Contact Our Firm Today to Learn More About Your Rights and Options
If you’re an undocumented immigrant who is injured through no fault of your own in a car accident in Florida, you have legal rights and options to recover compensation. Contact Gonzalez & Cartwright, P.A. today for a free, confidential consultation to discuss how our firm can help you seek financial recovery for the injuries and losses you’ve suffered from a car accident.
Frequently Asked Questions about How to File a Car Accident Claim If You Are Undocumented in Florida
You cannot be automatically deported simply for filing a legal claim after a car accident. However, if your car accident claim ends up being filed in court as a lawsuit, there is obviously the risk that your undocumented status may come to the attention of immigration officials. But it is highly unlikely that court officials will notify immigration officials about your undocumented status, as your immigration status should not be relevant to your car accident claim and should not come up in your case.
It is critical that you speak to a car accident attorney as soon as possible if the driver who was responsible for the car accident that caused your injuries tries to threaten to report you to immigration officials. A car accident attorney can pursue the financial compensation you deserve for your injuries and losses while working to protect you from immigration consequences simply because you’ve exercised your rights to seek accountability from the party or parties whose negligence or recklessness injured you.