Accidents as an Undocumented Immigrant in California: Your Rights Explained
Being involved in an accident is frightening for anyone — but for undocumented immigrants in California, the fear is often doubled. Many worry that reporting the accident, seeking medical care, or filing a claim will expose them to immigration consequences.
Here’s the truth:
California law protects undocumented immigrants after an accident. Your immigration status does not take away your right to compensation.
This guide explains your rights, what to do after an accident, and how Infinity Law Group protects undocumented clients every day.
Do Undocumented Immigrants Have the Right to File an Injury Claim?
Yes.California law is crystal clear: undocumented immigrants have the same right to file a personal injury claim as any other resident.
Under California Civil Code §3339, immigration status cannot be used against you in:
- Personal injury cases
- Wrongful death cases
- Workers’ compensation claims
- Employment law claims
This means:
- You can file a claim
- You can recover damages
- You can go to court
- Your immigration status cannot be used to reduce your compensation
Common Types of Accidents Undocumented Immigrants Experience
Undocumented individuals often work in high‑risk jobs and rely on walking, biking, or rideshare transportation. Common cases include:
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Construction injuries
- Workplace accidents
- Rideshare (Uber/Lyft) accidents
- Slip‑and‑fall injuries
Infinity Law Group handles all of these cases and protects your privacy throughout the process.
Will Reporting an Accident Put You at Risk of Deportation?
No — not in California.
State law and local policies protect undocumented immigrants from immigration enforcement in civil cases.
Key protections include:
1. Police cannot ask about immigration status after an accident
California’s TRUST Act and SB 54 (the “Sanctuary State” law) limit cooperation with federal immigration enforcement.
2. Hospitals cannot report you to ICE
Federal law (EMTALA) requires emergency care regardless of status.
3. Courts cannot consider immigration status in injury cases
Civil Code §3339 prohibits it.
4. Insurance companies cannot ask about your status
They are legally barred from using it against you.
California Department of Justice – Immigrant Protection Guidelines
What Compensation Can Undocumented Immigrants Recover?
You may be entitled to the same damages as any other injury victim:
- Medical bills
- Future medical care
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Property damage
- Wrongful death damages (for families)
Your immigration status does not reduce the value of your claim.
What to Do After an Accident if You’re Undocumented
1. Get medical care immediately
Hospitals cannot report you to immigration authorities.
2. Do not admit fault
Even simple statements like “I’m sorry” can be used against you.
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 discreetly and safely.
Helpful Links from California Legal Experts
- Learn more about car accident claims
- Explore personal injury protections for vulnerable communities
- California Civil Code §3339 – Immigration Status Protections
- California DOJ – Immigrant Protection Guidelines
- NHTSA – Traffic Safety Data
- California Office of Traffic Safety
- OSHA – Workplace Injury Rights
Frequently Asked Questions
Can I file a claim if I don’t have 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.
Can I still recover lost wages if I’m undocumented?
Yes — California allows recovery of lost income regardless of status.
Will my information be shared with immigration authorities?
No. Your attorney keeps your information confidential.
Call Infinity Law Group Today
If you’re undocumented and injured in an 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.
