Injured in a Car Accident as an Undocumented Immigrant in California: Your Rights Explained
A car accident is stressful for anyone — but for undocumented immigrants in California, the fear can be overwhelming. Many worry that calling the police, seeking medical care, or filing an insurance claim could expose them to immigration consequences.
Here’s the truth: California law protects undocumented immigrants after a car accident, and your immigration status does not take away your right to compensation. Under California Civil Code §3339, immigration status cannot be used against you in a personal injury claim.
Infinity Law Group helps undocumented clients every day — safely, confidentially, and with full legal protection.
Do Undocumented Immigrants Have the Right to File a Car Accident Claim?
Yes. California law is clear: undocumented immigrants have the same right to file a personal injury claim as any other resident. Under Civil Code §3339, courts cannot consider immigration status when determining damages.
This means:
- You can file a claim
- You can recover compensation
- Your immigration status cannot be used to reduce your damages
- You can go to court safely
If you were injured in a crash, you can learn more about your rights on our California car accident page.
Will the Police Ask About Your Immigration Status After a Crash?
No — not in California.
California’s TRUST Act and SB 54 (Sanctuary State Law) limit cooperation with federal immigration enforcement in most accident situations. According to the California Department of Justice Immigrant Protection Guidelines, local police cannot question victims or witnesses about immigration status during routine interactions like traffic collisions.
Key protections include:
1. Police cannot ask about immigration status during a traffic accident report
Their job is to document the crash — not enforce immigration law.
2. Hospitals cannot report you to ICE
Federal law (EMTALA) requires emergency medical care regardless of status.
3. Courts cannot consider immigration status in injury cases
Protected under Civil Code §3339.
4. Insurance companies cannot ask about your status
They are legally barred from using it against you.
Common Car Accident Cases Involving Undocumented Immigrants
Undocumented individuals often rely on walking, biking, rideshare, or older vehicles. Common cases include:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Rideshare (Uber/Lyft) accidents
- Hit‑and‑run crashes
- Drunk driving accidents
- Commercial vehicle accidents
Infinity Law Group handles all of these cases with complete confidentiality. Learn more on our personal injury page.
Can You Recover Lost Wages If You’re Undocumented?
Yes — California allows undocumented immigrants to recover:
- Lost wages
- Future lost earnings
- Medical bills
- Pain and suffering
- Property damage
- Wrongful death damages
Your immigration status does not reduce the value of your claim.This is supported by California Civil Code §3339 and reinforced by California case law.
What to Do After a Car Accident If You’re Undocumented
1. Get medical care immediately
Hospitals cannot report you to immigration authorities under EMTALA (cms.gov in Bing).
2. Call the police and request a report
You are protected under California law.
3. Gather evidence
Photos, witness names, license plates, and insurance information.
4. Do not speak to insurance companies alone
They may try to intimidate or confuse you.
5. Contact an attorney who understands immigrant protections
Infinity Law Group handles these cases safely and discreetly.Start with a free, confidential consultation.
Frequently Asked Questions
Will filing a claim affect my immigration status?
No. Your attorney keeps your information confidential, and California law protects you.
Can I sue the at‑fault driver if I’m undocumented?
Yes. Immigration status cannot be used against you in court.
Can I recover lost wages without a Social Security number?
Yes — attorneys can use an ITIN or alternative documentation.
Will the police ask about my immigration status?
No. California law prohibits this in most accident situations.
Call Infinity Law Group Today
If you’re undocumented and injured in a car accident, you still have rights — and you deserve protection. Infinity Law Group fights for immigrant families and ensures your case is handled safely, privately, and with respect.
Contact us today for a free, confidential consultation.
