You were injured in an accident caused by someone else’s negligence. You are in pain, facing medical bills, and unable to work. But you are also undocumented, and you are afraid. Your biggest question isn’t just “Can I get help?” but “Is it safe to ask for help?”
The answer is a clear and resounding yes. California law not only gives you the right to file a personal injury claim but also provides powerful protections to keep your immigration status private and safe throughout the legal process.
This guide will explain the laws that protect you, the compensation you are entitled to, and how to find a safe and trustworthy attorney.
The Law is on Your Side: Your Immigration Status is Protected
The single most important law protecting undocumented accident victims is California Assembly Bill 2159 (AB 2159). This law makes it illegal for the person who injured you (the defendant) or their lawyers to:
- Ask about your immigration status.
- Use your immigration status against you in a civil lawsuit.
This means your immigration status is inadmissible in court. It cannot be brought up, and it cannot be used to intimidate you or devalue your claim. This law ensures your case is judged on its merits, just like a U.S. citizen’s case would be. Furthermore, it means your claim for damages, including lost wages, will be based on your U.S. earnings and medical costs, not those of your country of origin.
What to Do at the Accident Scene: A Guide for Undocumented Persons
Knowing you are protected by the law is the first step. Here are the actions you should take at the scene of the accident, without fear.
- Call 911: Always call for police and medical help. An official police report is critical evidence. Local police are there to investigate the accident, not to enforce immigration law.
- Do Not Flee the Scene: Leaving the scene of an accident where someone is injured is a crime. It will seriously hurt your ability to make a claim. Stay at the scene.
- Exchange Information: Provide your name and contact information to the other driver. You are not required to discuss your immigration status with anyone at the scene other than law enforcement if they ask.
- Document Everything: Use your phone to take pictures of the vehicles, the scene, your injuries, and the other driver’s license plate and insurance card.
- Seek Medical Care: Go to the hospital or a doctor. Hospitals will provide care regardless of your immigration status, and this creates an essential record of your injuries.
A Safe Place for Justice: Your Rights with an Attorney
Fear of being reported is the #1 reason many undocumented individuals do not seek the justice they deserve. You should know:
- Attorney-Client Privilege: Anything you discuss with an attorney is protected by strict confidentiality. An attorney cannot and will not report you to immigration authorities.
- We Are Your Advocates: Our duty is to you and you alone. We are here to protect your rights and your privacy, not to assist immigration enforcement.
What Compensation Can an Undocumented Person Claim?
Your immigration status does not change the types of compensation you are entitled to. You can recover damages for the full scope of your losses, including:
- All Medical Bills (past and future)
- Lost Wages and Lost Earning Capacity
- Property Damage
- Pain, Suffering, and Emotional Distress
Proving lost wages can be a concern if you are paid in cash. However, an experienced attorney can use other evidence—such as testimony from employers, financial records, or your own detailed logs—to build a powerful claim for the income you have lost.
How to Prove Lost Wages Without a W-2
Proving lost wages can be a concern if you are paid in cash or do not have traditional employment documents. However, an experienced attorney can build a powerful claim for the income you have lost using alternative evidence, such as:
- Letters from Employers: A signed letter from your employer verifying your position, pay rate, and the dates you missed from work.
- Personal Logs or Calendars: A detailed journal or calendar you kept that shows your work schedule and appointments that you had to miss.
- Testimony from Co-workers or Clients: Statements from others who can confirm your work and income.
- Bank Statements: Records showing a history of regular cash deposits that establishes an income pattern.
What is Proposition 213? A Guide for Uninsured Drivers
One law that can affect your claim is Proposition 213. This law limits the recovery for drivers who are injured while driving a vehicle without insurance. It is important to understand who this law does and does not apply to.
| If you were injured as… | And you were uninsured at the time… | Can you claim Pain & Suffering? |
| The DRIVER of an uninsured car | Yes | No. Your recovery is limited to “economic” damages like medical bills and lost wages. |
| A PASSENGER in any car | N/A | Yes. Prop 213 does not apply to passengers. You can claim all damages. |
| A PEDESTRIAN or BICYCLIST | N/A | Yes. Prop 213 does not apply to you. You can claim all damages. |
Is Your Case Worth Pursuing? Get a Confidential Assessment.
Navigating the legal system can be intimidating. If you are unsure about your rights or the strength of your case, we can help. Our free and confidential “Do I Have a Case?” tool offers a safe and easy way to get an initial assessment of your situation.
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Our Commitment: Maximum Justice for ALL Injured Victims
Our firm is dedicated to fighting for the rights of all people who are seriously injured due to negligence, regardless of their background. We represented a bicyclist who was catastrophically injured when a large delivery truck made an illegal U-turn and struck him. We built an undeniable case, proving the truck driver’s complete fault and securing a $1,000,000 settlement to cover our client’s lifetime of damages. This is the level of dedication we bring to every serious injury case.
What Our Clients Say
“I was hit by an SUV who took an illegal left and initially wanted to avoid any form of discourse as I had felt that the driver’s insurance would handle it…only to discover that the driver did not have any insurance.
Annie and her team at Sally Morin were especially helpful, providing a different form of recourse through my uninsured motorist coverage. They took all the stress of litigation off of my hands as I focused on recovery and treatments over the course of 10 months.
I would absolutely recommend Annie at Sally Morin to anyone in a similar situation!” – Sarah, Yelp
Read Sarah P.'s review of Sally Morin Personal Injury Lawyers on Yelp
Frequently Asked Questions about Undocumented Personal Injury Claims
How to Choose an Attorney for Undocumented Persons
Look for a personal injury lawyer who is focused on your interests and not just the fee they will earn from your case. If you have serious injuries, it is best to choose a law firm that does not operate on a “high-volume” business model, so they have the time and resources available to give your case the attention it deserves. Here are some qualities you should look for when finding a lawyer for your personal injury case.
Be sure to ask ask good questions when interviewing lawyers to represent you.
Whatever you do, we encourage you to take action right away, to maximize your ability to secure full and fair compensation for your injuries.
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