Accidents are common and they can affect anyone. If you are an immigrant and you get injured in a car crash, you may be wondering about the next step to take. The action you will pursue in the aftermath of a vehicular collision will determine your compensation claim. Read on to learn more about how to file a car accident claim in Texas as an immigrant.
Know Your Rights
There are millions of immigrants in Texas, and most of them have no legal citizenship in the United States. However, if these people are injured in road accidents, they have the same rights as citizens and may be entitled to compensation. The accident victim’s immigration status should not impact their right to compensation. According to Texas laws, immigrants are entitled to the following damages like any other accident victim:
- Medical expenses
- Lost income
- Future medical costs
- Pain and suffering
- Property damage
Seek Legal Advice
If you are involved in a car crash, you should enlist the services of an accident attorney who will determine the merits of the case. It is a good idea to seek legal representation to increase your chances of winning the case. Like other big cities, Austin is home to several injury law firms. Therefore, you should try to get the best car accident lawyer in Austin who can protect your rights. All immigrants have the same legal rights as everyone else and these rights ought to be protected. Experienced lawyers can help immigrants with everything they need to get adequate compensation.
Prove Liability
With the help of your injury lawyer, you should gather sufficient evidence to prove liability in an accident. Since the victim’s immigration status is not an issue, all accident cases are treated in the same way. If you want to increase your chances of getting the compensation you deserve, you must prove fault on a balance of probabilities.
No Need to Disclose Your Immigration Status
While it is understandable that many immigrants are worried that legal action after an accident can lead to deportation, the truth is that a personal injury claim does not impact someone’s immigration status in Texas. When discussing a claim with an insurance provider, it is not necessary to reveal your immigration status.
Furthermore, Immigration and Customs Enforcement will not be notified automatically when a lawsuit is filed. Insurance companies should not refuse to pay claims because the victim is not documented. Moreover, attorneys representing insurance companies are not allowed to use someone’s immigration status as a weapon against them. It is unethical for a lawyer to threaten to report an illegal immigrant for filing an accident claim.
File a Compensation Claim
When you have gathered all the necessary evidence to support your claim, the next step is to file an accident claim. Make sure your attorney handles the entire process since they have experience in dealing with insurance companies. If an insurer knows that they are dealing with an immigrant, they may want to take advantage of their status. Texas law requires all insurance companies to treat everyone as equal regardless of their immigration status.
Many immigrants, especially those who are undocumented, are often scared of navigating the legalities involved in filing a compensation claim after a car accident. As a result, some undocumented immigrants end up paying huge sums of money to get treatment, or worse, suffer in silence. However, if you are an immigrant, you have the same legal rights as citizens to file a car accident claim in Texas. However, you should enlist the services of a car accident lawyer to increase your chances of getting the settlement you deserve.
