CAN I STILL PURSUE A PERSONAL INJURY CAR ACCIDENT CLAIM IF I AM IN UNDOCUMENTED OR ILLEGAL IMMIGRANT? YES.
Yes, you can and should pursue an insurance claim for compensation for your injuries when you have been hurt. There is no risk of deportation for filing an insurance claim after your Utah car accident. Don’t let the insurance companies persuade you that your immigration status precludes you from filing a personal injury lawsuit. Or from claiming lost wages caused by the car accident, even though you are here illegally.
WHAT TO DO IF YOU ARE IN A CAR ACCIDENT AS AN UNDOCUMENT ILLEGAL IMMIGRANT IN UTAH?
(1). You should always stop and assist the other parties as you can.
(2). You should report the matter to the police and your own insurance company.
(3). You should seek appropriate medical care. Your own Utah car insurance policy has at least $3,000 in free medical care coverage, called PIP. See this article on PIP coverage to help pay your medical bills after a car accident. https://www.gunterinjurylaw.com/overview-of-pip/
(4). Call a Utah car accident attorney. An experienced car accident insurance attorney can help you get the medical care you need, even though you don’t have private health care insurance to pay for it.
WHAT HAPPENS IF I DON’T HAVE CAR INSURANCE OR A DRIVER’S LICENSE, BUT I DIDN’T CAUSE THE ACCIDENT?
When you are hurt by another person in a Utah car accident, you will have an insurance claim for compensation. It does not matter that you didn’t have car insurance at the time. Or that you were here illegally, or didn’t even have a Utah drivers’ license.
You will be cited by law enforcement for not having insurance or a driver’s license and you will have to deal with that. (Call Immigration and Criminal Defense Attorney Chris Keen (801) 374-5336 www.keen.law)) You will still have an insurance claim for your car accident injuries. You have the right to file a lawsuit to recovery for your injuries, or just make an out-of-court settlement.
COMMON UTAH PERSONAL INJURY CLAIMS ILLEGAL ALIENS ARE INVOLVED IN.
(1). Utah Car Accidents. Being hit in a car, whether at work, or with your family can cause serious damage. Being undocumented doesn’t make a difference on your ability to bring a Utah car accident personal injury insurance claim, or even to file a lawsuit.
When you are in your work truck, on the job and are in a car accident, you will have both a workers compensation claim and personal injury claim.
(2). Construction Accidents. When you are hurt at the construction zone by someone or something that is not part of your employer, you may have a claim for compensation for your injuries. When the person who hurts you while on the job is a fellow employee, you will only have a workers compensation claim.
(3). Explosions. Catastrophic Claims. With any workplace explosion, chemical explosion or catastrophic injury claim it is best to have a Utah personal injury attorney review the matter. Catastrophic injury claims, like paraplegia, quadriplegia or burning should be looked at carefully.
(4). Boating Accidents. Boating, swimming, pool accidents often are covered by insurance policies made for compensating injured people when other people are negligent. Boating accidents on Utah Lake, The Great Salt Lake or Strawberry Reservoir all require boats to having insurance. Utah law requires that all motor boats have insurance to cover accidents.
(5). Dog Bite. Animal Attacks. Hitting Deer on Roadways. Passengers who are hurt in a car when the car hits a deer and rolls often have claims against the driver for reckless driving in not avoiding the deer. Although deer crossing Utah roads are natural events, the driver who hits them at high speeds causing a rollover is still responsible for keeping control of their vehicle and not rolling it. A passenger injured in these car v. deer, elk or other animals bear no fault for the accident.
Dog bites are commonly covered by homeowners insurance policies. When you are bit by a dog at someone else’s house, in their front yard or inside, the homeowner’s policy of insurance still covers the bite and your injuries. A homeowners insurance policy still covers a dog bite when the dog attacks miles away, or at the dog park. Homeowners insurance travels with the dog, covering injuries the dog causes, even in a different state on vacation.
Horses, cattle or other domesticated animals have a different set of rules, but are often covered by commercial policies of liability insurance or homeowners insurance.
(6). Pedestrian v. Cars. Being hit by a car while walking often involve fractures and head injuries. Head injuries are the silent killers and can haunt a person the rest of their lives. Proper head injury medical work-up is huge. Calling an attorney who has been through the process before can really make the difference.
DAMAGES AVAILABLE TO AN UNDOCUMENTED IMMIGRANTS IN UTAH CAR ACCIDENT CASES.
(1) Past Medical Bills. Each and every medical bill that is incurred in a Utah car accident should be counted towards your damages.
(2) Future Medical Bills. Future medical expenses are a huge part of any personal injury case. Your personal injury attorney needs to solidify these future medical bills with medical experts.
Your personal injury attorney needs to consult with appropriate medical experts to place a dollar amount on your future medical expenses. Future medical expenses could be medication costs, surgery costs, physical therapy, chiropractic care, and medical implant replacements to name a few. Other future medical costs could be modifications to your home and car to accommodate your disabilities.
The key here is that your attorney needs to have the experience handling car accident claims and how to capture these future medical needs with appropriate evidence. Often your attorney will need to hire a life care planner to project out future medical needs. A life care planner is a professional who is experienced in managing medical care for injured people over the course of their lives and what would costs to do so.
(3) Past Lost Wages. When you are hurt, you often can’t work. Every hour you miss work, you need to capture these lost wages and make a claim for reimbursement. Even when you return to work, your Utah car accident attorney should capture lost time from work to attend medical appointments. It all counts towards your damages.
In Utah it does not matter that you were undocumented and could not have worked legally in the first place. Past lost wages should be calculated, captured and presented for reimbursement to the at-fault insurance company.
(4) Future Impaired Capacity to Work. At the time of the car collision, you were making $80,000 as a construction worker. Now your back can’t handle that type of work anymore, nor are you suited for other work that earns that much. A good personal injury attorney will attempt to capture that lost income stream and project it over the injured person’s life. A vocational rehabilitationist, and economists generally are hired to explain to the jury how your ability to earn money has been effected by the car accident.
(5) Mileage. Every time you go to the chiropractor or physical therapist, you should log your mileage for reimbursement later. Generally, mileage is paid at the IRS rate.
(6) General Damages. Juries, judges and arbiters are asked to grant general damages to injured people. General damages make up for what was taken and provide compensation to injured individuals. General damages are often the most important compensating factor in personal injury cases because these types of damages fix, help and make up for what was taken and can never be replaced.