Can the insurance company ask about my immigration status?
- Texas Attorney
- Yale B.A. · University of Houston Law Center J.D.
- Habla español
- Updated October 5, 2026
They may ask, but you don't have to answer, and once you have a lawyer the questions come to us. If a lawsuit is filed, your lawyer can object and ask the court to limit them. The Texas Supreme Court has held that immigration status had nothing to do with who caused a crash and should not have been put before the jury.
Tell me what happened
Jimmy reads every request himself and will be in touch with you shortly.
Before a lawsuit: the adjuster's questions
Insurance adjusters ask a lot of questions, and some of them have nothing to do with how the crash happened. They may ask for your Social Security number, where you work, how you are paid, or where you are from. You do not have to answer questions about your immigration status, and you do not have to give a recorded statement. Once you hire a lawyer, the adjuster has to go through us.
Adjusters ask because they know fear makes people drop claims. The question is not a sign that something is wrong with your case.
In a lawsuit: written questions and depositions
Most claims settle without a lawsuit. If one is filed, the other side can send written questions and take your deposition. Questions about immigration status are usually objected to as irrelevant and unfairly prejudicial, and Texas rules allow your lawyer to ask the court for a protective order limiting them.
The strongest authority is the Texas Supreme Court's decision in TXI Transportation v. Hughes (2010). The court threw out a verdict because the jury heard about a driver's immigration status, held that the status had nothing to do with who caused the crash, and warned that appeals to prejudice cannot be tolerated in a Texas courtroom.
Where it can come up
Status can become an argument in one narrow place: a claim for future lost earning capacity, where the other side may argue that future earnings should be measured by wages in another country. Courts have handled this differently. It affects one part of the damages, not your right to bring the claim, and we plan for it from the start.
The papers they mail you
Insurers often mail a medical authorization soon after a crash. Many are written broadly enough to open your entire medical history, and some ask for employment and other records too. Don't sign them. Once you have a lawyer, we provide the records that relate to your injuries, and nothing more.
Never guess, and never make up a number
If you are asked for a Social Security number and you don't have one, the answer is that you don't have one. Do not give a made-up number or someone else's. If you have worked under another person's number, tell your lawyer. It is confidential, and we need to know before the other side finds it in wage records.
What you should do
Write down the adjuster's name, company and phone number, say that your lawyer will call them, and hang up. Do not sign medical authorizations or releases they mail you. Then call us. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can talk with him directly.
More answers for people injured without papers
Other ways people ask this
Do I have to give the insurance company my Social Security number?
No. If you don't have one, say so. You can make an injury claim without one, and once you hire us the insurance company deals with us.
Can the other driver's lawyer ask about my papers in a deposition?
They may try. Your lawyer can object, and Texas rules allow us to ask the court for a protective order limiting those questions. Texas courts have treated status as irrelevant to who caused a crash.
Will the jury find out I'm undocumented?
In most cases, no. The Texas Supreme Court has held that putting a driver's immigration status before the jury was harmful error. The narrow exception is a claim for future lost earnings, which we plan for.
Should I tell my own lawyer about my status?
Yes. What you tell your lawyer is confidential, and knowing everything lets us protect you from surprises.
Authority: TXI Transp. Co. v. Hughes (Tex. 2010)
Your next steps, and ours
Take their name and number
Say your lawyer will call them, and hang up. You don't have to answer questions about your papers or the crash.
Don't sign them
Medical authorizations and releases can give away your claim. Keep them and bring them to us.
Call Jimmy
713-600-6233Free and confidential. We never need your papers to help you, and you can talk with Jimmy directly, in Spanish or English.
We take every call
The insurer deals with us. In a lawsuit, we object to status questions and ask the court to limit them.
Related questions
Will filing an injury claim get me deported?
I'm undocumented. Can I still get compensation after a car accident in Texas?
Can I get paid a settlement without a Social Security number?
Do I have to give the insurance company a recorded statement?
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