A driver running from Border Patrol or ICE hit me in El Paso. Who pays?

Two very different claims

When a driver runs from Border Patrol, ICE or another federal agency and crashes into you, the driver who fled is responsible for the harm he caused. Separately, if the agents' own driving, or the way they carried out the chase, helped cause the crash, there may be a claim against the United States. The second claim follows federal rules that are nothing like a normal car-wreck case, and the deadlines start running on the day of the crash.

Chases on El Paso roads

Federal agents pursue vehicles along I-10, Loop 375, Montana Avenue, North Loop and through Socorro, Clint, San Elizario and the Lower Valley, often near the border and the highway checkpoints north and east of town. Federal pursuit policies have changed several times since 2023, and immigration agencies' vehicle-stop rules changed again in 2026, so one of the first things we do is find out which policy governed the agents on the day of your crash.

The Federal Tort Claims Act, step by step

• The claim is against the United States, not the individual agent. Federal law makes that the only route for negligence by a federal employee on the job.
• An administrative claim comes first. Before any lawsuit, a written claim, usually on Standard Form 95, must be presented to the agency involved, such as U.S. Customs and Border Protection for Border Patrol, within two years of the crash.
• The claim must state a dollar amount. That figure generally caps what you can recover later, so it has to account for future medical care and lost earnings. It is one of the most important numbers in the case.
• The agency has six months to decide. If it denies the claim, a lawsuit must be filed in federal court within six months of the denial. If it doesn't decide in six months, we can treat it as denied and sue.
• A judge decides, not a jury. Cases in El Paso are heard in the federal court for the Western District of Texas, El Paso Division. Texas negligence law generally applies.
• No punitive damages, and the law limits attorney's fees to 20% of an administrative settlement and 25% of a settlement or judgment after suit.

The defenses the government raises

The government often argues that the decision to pursue was a protected policy judgment under the "discretionary function" exception, or that the fleeing driver alone caused the crash. The answer is in the details: how fast the agents drove, where, whether they followed their own policy, whether they used lights and sirens, and whether the chase should have ended. That is why we move fast on video, radio recordings, GPS data and witnesses.

Where the money usually comes from

• The fleeing driver's liability insurance, and the vehicle owner's policy if he was driving someone else's car.
• Your own UM/UIM coverage, which often pays when the fleeing driver is uninsured, as many are.
• Your own PIP coverage for medical bills and lost wages, right away.
• The FTCA claim, when the agents' conduct helped cause the crash.

What to do now

Get medical care and keep every record. Don't give a recorded statement to any insurer or agency investigator before you talk to a lawyer, and don't file a federal claim form on your own: a missing dollar amount or the wrong figure can limit the whole case. We prepare the claim, send it and handle the agency for you. Jimmy Suerken grew up in El Paso. He is a Mexican-American attorney who speaks Spanish, and you can talk with him directly. We handle El Paso cases the way we handle them in Houston: by phone, email and video call, and in person when needed.

Police chase crashes in El Paso: what to know

Other ways people ask this

Can I sue the Border Patrol agent personally?

Generally no. For negligent driving on the job, the Federal Tort Claims Act makes the claim against the United States the only route.

How long do I have?

The written claim must be presented to the agency within two years of the crash. If it's denied, a lawsuit must be filed within six months of the denial.

Will a jury hear my case?

No. Federal Tort Claims Act cases are decided by a federal judge. Your claims against the fleeing driver are separate.

The driver they were chasing had no insurance. What now?

Your own uninsured-motorist coverage is often the answer. Unless you rejected it in writing, you likely have it.

Do I need papers to make a claim?

No. Your right to compensation doesn't depend on your immigration status, and we don't ask about it to help you.

Is the process different if ICE was chasing instead of Border Patrol?

The same federal law applies to both. The claim goes to the agency whose agents were involved.

Authority: 28 U.S.C. § 2401(b) · 28 U.S.C. § 2675 · 28 U.S.C. § 2674 · 28 U.S.C. § 2680 · NPR: Pursuit rules for immigration agents (2026) · Tex. Ins. Code § 1952.101 (UM/UIM)