Can I Be Deported for Filing a Car Accident Lawsuit?

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This content is for informational purposes only and is not intended to provide legal advice.

Being in another country where your rights and citizenship may come into question can lead to a healthy fear of the legal system. In the United States, deportation is a real threat in some scenarios. However, the simple fact is that you are a person and in the U.S. everyone has basic rights. You can absolutely file a car accident lawsuit, but whether a side effect will be deportation depends on the rest of your situation.

Immigrant Rights

No matter your status in the United States, you have the right to fair compensation for injuries from an accident. From undocumented immigrants to U.S. citizens, everyone has the basic right of not having to struggle with the resulting bills and hardships from an accident.

There are many common reasons for an undocumented immigrant to need legal assistance but fear moving forward with a lawsuit. Some of the main reasons include car accidents, workplace injuries, assault and battery by another person, and medical malpractice lawsuits.

If you are an undocumented immigrant, chances are you do not have a valid driver’s license. If you are convicted of driving without a license, this can trigger the deportation process. An arrest is also a common reason for a bond to be denied during the deportation proceeding, so be careful of what you admit to doing.

Whether you are in the United States on a visa or here without the proper paperwork in order, you should speak to an Immigration attorney before preceding with any lawsuit or criminal case. The extra layer of complication brought on by combining two branches of the law can make these cases challenging for lawyers without immigration law experience.

Immigration Law

Immigration law is complex and ever-changing. There is no right piece of advice to write here that will always hold true. If you are an immigrant, secure the aid of an immigration law professional.

One thing the Supreme Court has routinely agreed upon is the 14th Amendment. This portion of the United States Constitution says that no State may “deny to any person within its jurisdiction the equal protection of the laws.” The Supreme Court has routinely interpreted this to cover everyone, even people who are in the United States without proper documentation.

This ruling by the Supreme Court means that everyone has the right to their day in court and equal protection by the legal system. However, even though filing an injury claim after a car accident is allowed and fine, other violations such as being in the U.S. illegally may still get you deported.

Next Steps

Most people who experience their first collision are left wondering, “What should I do in the days following a car accident?” The answer varies based on the details of the accident, but there are a few general steps that are a smart idea.

Document Everything

Assuming you have not just been in the accident and some time has passed, now is the time to make sure you have full documentation of the accident.

Organizing the contact information of everyone involved is an important step that will save you time. Hopefully, you got ahold of the names and phone numbers of any third-party witnesses. The names and badge numbers of involved police officers can help as well.

If you forgot to take photographs of the scene of the accident and damage to your vehicle, now is the time. Pictures of your own injuries can also help if your bruising or other physical signs of injury might fade before the suit reaches a courtroom.

You should also gather a copy of the accident report, any medical reports, and receipts for repairs.

Talk to the Insurance Company

It is often better to call your insurance agent while still at the scene of the accident. They can let you know what they will need to process a claim and help you confirm everything. If you haven’t started a claim with your insurance or the insurance of the other party, do this as soon as possible.