We are commonly asked this question with regards to what our client should do. Even if you are an undocumented worker or illegal immigrant you are still entitled to recovery for your rights. You are permitted to file a claim for your injuries and recover for damages sustained in a car accident. Additionally you are permitted to recover for medical bills, pain and suffering and any other injuries sustained from your car accident or personal injury case.
Use Your Real Name and Information
A common issue is that clients do not use their real name when speaking to police at the scene of the accident. Always use your real name. The use of false information can hurt any claim you file for your injuries. Always use accurate information at the scene of the accident.
Am I Entitled to Recovery?
Yes. If you were involved in a motor vehicle accident, you are entitled to recovery for your injuries. As in any car accident case you are permitted to file for damages for any claim you have suffered as a result of your accident. Many times undocumented members or illegal aliens fear that they do not have such rights. This is simply untrue. The fact that you are not a U.S. Citizen does prevent you from filing a claim for your injuries.
Courts and insurance companies will not ask or be involved in the legal status of the injured party. Thus, you are permitted to file a claim for any all damages sustained as a result of the accident.
What Is Recoverable?
In a claim for damages you are permitted to recover for loss of earnings, pain and suffering and medical bills. This allows for you to be fully compensated for the extent of your injuries. In order to understand the scope of your injuries we must analyze fully what your injuries are.
Generally we will consult with your physician and assess the extent of your injuries before making any settlement offer. However, you are permitted to recover the cost for all injuries associated with the accident.
What If I Do Not Have Insurance?
If you were driving a vehicle and were not insured you are still permitted to recover for your injuries. However, you will not be permitted to recover for your pain and suffering under proposition 213. While this will still allow you to recover for medical bills and loss of income, you will not be able to assert a claim for pain and suffering. This portion of your claim is associated to the pain and suffering element of your claim.
What this means is that you are not permitted to recover for the physical and emotional pain suffered as a result of the accident if you are not insured. However you are still allowed to recover other costs including medical bills and loss of income.
Regardless of your legal status you are entitled to recovery for your injuries. We encourage our clients to not be afraid of the law. Your right to recover for your injuries is not limited because of your legal status. If you have been injured in a car accident, contact our offices for a free consultation.