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If your actions contributed to the crash, especially if you committed a crime that led to the accident (like driving drunk, reckless driving, fleeing the accident scene, or excessive speeding), being charged with this crime could start the process that ends with you being deported. You have the right to consult with a West Palm Beach auto accident attorney, and it’s a good idea to do so to ensure your rights and legal interests are protected.
Being involved in a car collision in and of itself usually isn’t a cause for being deported, although it’s understandable that an undocumented driver would want to avoid any potential encounter with law enforcement. Know that leaving the scene of an accident is against the law in Florida, though, which could lead to someone getting deported. However, being an undocumented immigrant doesn’t exclude you from being eligible for compensation if you’re injured in a car accident you didn’t cause.
Florida car accidents and your immigration status
It’s not illegal to be involved in a car accident, and being an immigrant in the United States doesn’t mean that you cannot recover compensation for your medical expenses and pain and suffering. If you are here on a visa, your visa won’t get revoked unless you commit a crime. If you are undocumented, it’s important to talk to a lawyer right away, whether or not you caused the accident, as they can help protect you and guide you through filing a car accident claim.
Your rights to compensation under Florida law
Florida law requires all drivers to carry Personal Injury Protection (PIP) insurance, which covers your medical bills and property damage if you get in a car accident. No matter who caused the wreck, each driver involved will file a claim with their respective PIP carrier. So, in this sense, Florida is a no-fault state for car accidents.
However, the law recognizes that in many cases, the victim in the car accident suffered severe injuries and higher damages than their PIP covers. In these cases, you can demand both economic and non-economic damages (pain and suffering, emotional trauma, etc.) from the party who caused the wreck. Many non-U.S. citizens are unfamiliar with the claims process, especially the personal injury lawsuit process. That’s why it’s crucial to work with a car accident lawyer who can give you the right advice to make good choices for your case.
Beware of predatory insurance companies
If you didn’t cause the crash, you can seek compensation from the at-fault driver as long as your injuries meet Florida law’s definition of “serious.” Your immigration status doesn’t impact how much compensation you’re entitled to, the severity of your injuries, or whether you’ll recover. Your case won’t be viewed as inferior to others because you’re an immigrant.
Predatory insurance companies will seek any reason to deny or minimize your claim, and your being here on a Green Card, work visa, or undocumented status could be used against you. Insurance carriers count on you not being fully aware of your rights or how much your case may truly be worth. You may receive a lowball offer (if you receive any offer at all) and may have not-so-subtle pressure to accept, with the implication being that you won’t get a higher one.
Working with an experienced car accident lawyer ensures you have the best chance of being treated fairly after getting into a car crash.
Are you a non-U.S. citizen who’s been involved in a car accident? It’s essential to obtain legal advice promptly. Call Lytal, Reiter, Smith, Ivey & Fronrath today at (561) 655-1990 for a free consultation with a personal injury lawyer.