An undocumented immigrant in California can file a car accident claim if involved in a vehicle collision resulting from another driver’s negligence. Like any other resident, they have the right to receive compensation for the damages of the crash without having their immigrant status held against them.
This article will help you understand your legal rights to file a car accident claim if you are an undocumented immigrant involved in an auto collision.
What is an Undocumented Immigrant?
An undocumented immigrant refers to individuals residing in the United States without valid and legal status. Undocumented immigration can happen when:
- A person who illegally moved to the United States without inspection
- They legally entered the United States with valid nonimmigrant visas that have since expired.
- They are granted temporary relief from deportation under the federal government’s Deferred Action for Childhood Arrivals (DACA) program.
- They are seeking legal status (e.g., U.S. Citizen Spouse Petition, Asylum Petition, U-visa pending, etc.) but do not currently have it.
- Their immigration status is in ‘limbo,’ and they are ‘at risk’ of being targeted by immigration enforcement. This could be due to various issues, including politics (e.g., the TPS program is under threat owing to policy moves) or U-visa recipients who can’t adjust their status due to personal circumstances.
How Many Are Undocumented Immigrants in California?
California is home to millions of immigrants. According to the Public Policy Institute of California,
California harbors a larger immigrant population than any other state, with a staggering 10,500,000 immigrants, which is 23% of the foreign-born population in the United States.
Additionally, 27% of the state’s population was born in foreign countries. This percentage is nearly twice as high as the proportion in the rest of the country, which is 14%, making it the state with the highest proportion of foreign-born residents in 2021.
Moreover, in a 2016 study by the Pew Research Center, California had the highest number of undocumented immigrants living in the state, with about 2,200,000.
Furthermore, most of the unauthorized immigrants in California are from the following countries:
- Mexico (3,900,000)
- Philippines (825,200)
- China (768,400)
- India (556,500)
- Vietnam (502,600)
Can Undocumented Immigrants Get a Driver’s License in California?
In California, undocumented immigrants can obtain a driver’s license. Under Assembly Bill 60, the California Department of Motor Vehicles can issue a special driver’s license to unauthorized immigrants under the following circumstances:
- Should meet California DMV requirements,
- Provide valid proof of identification and
- Present proof of residency in California.
To apply for an AB 60 driver’s license, you may follow these steps:
- Fill out a Driver’s License or Identification (DL/ID) Card Application.
- Prepare for the DL knowledge test (utilize available resources for preparation).
- Go to a DMV office (schedule an appointment) and:
- Present evidence of your identity and residency in California
- Pay the application fee, which is nonrefundable.
- Have your thumbprint digitally scanned.
- Complete a vision screening.
- Have your photograph taken.
- Pass the knowledge tests. You have three chances to pass each required knowledge test. If you don’t pass the same test three times, your application becomes void, and you must reapply.
- Complete a road sign test (if applicable).
- Undergo a behind-the-wheel drive test (if applicable)
Here are the steps to secure the driving test:
- Schedule an appointment for the driving test (drive tests are conducted by appointment only). You can also call 1-800-777-0133 during regular business hours to schedule an appointment.
- Present evidence of auto insurance that meets or exceeds California’s insurance requirements.
- Applicants under 18 must also provide proof of completing driver’s education.
Note that a driver’s license issued under AB 60 can’t be used as a federal ID. As a result, the license is only valid in California.
Can an Undocumented Immigrant Obtain Car Insurance?
Similarly, undocumented immigrants in California can get car insurance. Remember that under California Insurance Code §11580.1b, all drivers in the state should have the minimum financial requirements stated as follows:
- $15,000 for injury or death to one person.
- $30,000 for injury or death to more than one individual.
- $5,000 for property damage.
Undocumented immigrants are no exception. They will also need to present their auto insurance before acquiring an AB 60 driver’s license.
Immigrants in California should be covered by auto insurance providers regardless of their immigration status. Take note that the car insurance’s goal is to provide financial protection in the case of an accident, so this should also cover immigrants.
Can I File a Car Accident Claim if I’m an Undocumented Immigrant in California?
Most undocumented immigrants involved in a car accident in California are afraid to file a personal injury claim for fear of being deported. Fortunately, undocumented immigrants can pursue a car accident claim if a negligent driver hits them in the state.
Negligence is generally defined by these four elements:
- Duty of Care: The driver must ensure everyone’s safety, including yours.
- Breach of Duty: The driver failed to fulfill this legal responsibility.
- Causation: The breach of duty caused an accident.
- Damages: The accident resulted in injuries or other damages.
Moreover, you must have the necessary evidence to establish the other driver’s fault in an accident when filing a car accident claim, including:
- The driver’s contact information,
- Their vehicle type and insurance details,
- Photos or videos of the accident scene,
- Witnesses’ contact information and statements, and
- Police report (if available).
Undocumented immigrants can file a car accident claim if they are involved in an auto crash due to someone else’s negligence. They may also secure legal defense when proving their case without fear of being deported.
Will I Be Reported For Being an Undocumented Immigrant if I File a Car Accident Claim?
Unfortunately, unauthorized immigrants in California avoid reporting a car accident, filing an injury claim, and hiring a car crash attorney, thinking they may be deported. However, Assembly Bill 2159 significantly changed this agony for undocumented immigrants in California.
The law, authored by Congresswoman Lorena Gonzalez and signed into law by Governor Jerry Brown, protects a person injured in a personal injury accident, such as a car accident, from discovery or admission in court of their immigration status.
Simply put, the other party’s legal defense has no right to obtain information about your immigration status and use it in a trial.
When hit by a negligent driver, it is always a good idea to consult with legal experts who defend undocumented immigrants to get accurate and up-to-date information about your specific situation and protect your legal rights.
What Damages Can I Include in My California Car Accident Claim as an Authorized Immigrant?
Similar to a local resident, you are entitled to claim compensation for the total damage of your accident, including economic and non-economic damages.
Economic damages encompass verifiable financial losses that can be calculated using documents like bills, receipts, or pay records. Economic damages include:
- Medical expenses
- Costs for repairing or replacing your vehicle
- Lost wages
- Anticipated future income loss
- Out-of-pocket costs
Furthermore, a serious car accident might lead to severe injuries, including emotional distress. These non-economic damages involve intangible losses that don’t have a direct monetary value.
For example, if you sustain a permanent arm disability in a car crash that prevents you from doing daily tasks, this diminished quality of life could be categorized as a non-economic loss.
Other non-monetary losses from car accidents comprise:
- Physical and emotional pain and suffering
- Loss of companionship
- Emotional distress
- Post-Traumatic Stress Disorder
- Loss of love and companionship
Moreover, there are specific situations where the court may impose punitive damages on a car accident claim. If the court determines the opposing party’s action is malicious or extreme, they might award additional compensation to penalize them.
While you can consider all types of damages in your case, how do you quantify non-monetary losses? California car accident attorneys will assess the circumstances of your case, identify potential damages to include in your compensation, and advocate for the highest possible settlement for your car accident claim.
Lawyer’s Tip: Insurance companies typically try to settle claims as soon as possible. Unfortunately, this can leave you with a reduced settlement, disregarding other damages that may be included in your compensation. A car accident lawyer can help examine the total losses and determine your fair compensation.
What To Do in a Car Accident in California
Suppose you find yourself in a car accident in California. In that case, it is recommended to take the following steps to ensure your safety and to navigate the proper legal procedures when pursuing a car accident claim:
- Stay Calm.
- Avoid fleeing the accident scene without notifying the authorities or providing your contact information.
- Call 911 or the nearest California Police Department to respond to the crash.
- Check to see if you sustained injuries.
- Seek medical attention immediately by contacting the nearest hospital in California.
- If you can move, gather evidence at the accident scene, such as the other driver’s contact information, car accident photos, and witness testimonies.
- Cooperate with the police officers.
- Contact a California car accident lawyer who can help protect your legal rights.
How Can a California Auto Accident Attorney Protect My Rights?
We understand that advocating for your legal rights in a car accident claim may be confusing, especially if you are an undocumented immigrant and think you might be deported. However, you should understand that, similar to a resident, you are an injured victim of a vehicle collision who needs monetary compensation for the damage expenses.
A California car accident lawyer can protect your legal rights and help you understand the legalities of your case. For instance, if you are an authorized immigrant hit by another driver, they can determine the best legal action to take while assessing how this can affect your immigration status.
A car accident attorney can assist you in proving your case and obtaining just compensation by performing the following:
- Gather the evidence you will need to back up your claim.
- Establish liability.
- Communicate with your insurance company.
- Determine the overall damage.
- Meet all legal deadlines.
- If necessary, proceed to trial.
Why Choose Jacoby & Meyers for California Car Accident Attorneys?
When pursuing a car accident claim, numerous law firms in California are ready to assist you. However, we assure you that we stand apart by offering a superior and streamlined legal process that prioritizes your rights. That’s why we’ve earned a reputation as the best in the field.
At our law firm, we’ve established an effective legal approach that ensures you comprehend your rights and receive the fair justice you deserve. Our committed legal team is dedicated to delivering top-tier service by:
- Clear Communication: We will inform you about every legal step in your case, ensuring you fully understand the process from beginning to end.
- Property Damage Management: We’ll negotiate with insurance companies to address any property damage from the car accident.
- Medical Assistance and Injury Claims: We will facilitate necessary medical treatments based on your doctor’s recommendations, ensuring your recovery. Additionally, we’ll evaluate your injuries and determine fair compensation.
- Additional Support: We’re here to help with various needs related to the accident, including vehicle concerns, to alleviate your stress.
- Legal Rights Protection: We’ll establish liability, assess the extent of damages, and vigorously advocate for your claim, ensuring your legal rights remain safeguarded throughout.
At Jacoby & Meyers, we’ve been steadfastly protecting the legal rights of auto accident victims and pursuing substantial settlements since 1976. We have won over $2 billion in settlements, more than any competitor for clients in California. Contact us at 800-500-0000 for a free consultation.
Hear What Our Past Clients Have to Say
While we’re confident in our ability to provide strong defense, we understand that many law firms make similar claims. Hence, we prefer our previous clients to share their firsthand accounts of positive experiences with our services.
“My life was turned upside down when my car was hit by a negligent driver. I could not provide for my family and was depressed, scared, and didn’t know what to do. I am so extremely fortunate to have found the compassionate and experienced attorneys at Jacoby & Meyers.
They eventually secured me a 7-figure settlement against two different insurance companies. I could not believe it. During this time, they made sure I received the medical attention I needed. From start to finish, this was the very best outcome I could expect from a bad situation. I recommend this firm without hesitation. They are the very, very best!”
-Robert
If you’ve been injured in an accident, Jacoby & Meyers can help with a free consultation and no fees unless we win.
Jacoby and Meyers. Because everyone deserves justice.
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