I'm undocumented. Can I still get compensation after a car accident in Texas?

Yes. The law looks at the crash, not your papers

A Texas injury claim asks one question: who caused the crash? If another driver ran the light, rear-ended you or was on their phone, they are responsible for the harm they caused, and their insurance company is the one that usually pays. Immigration status is not part of that question.

Whether you call yourself undocumented, “illegal,” out of status, or you simply don't have papers, the answer is the same. Whether you are from Mexico, Guatemala, Honduras, El Salvador, Venezuela, Colombia, Cuba, Nicaragua or anywhere else, your rights after an accident in Texas are the same.

What you can recover

The same things anyone else can: medical bills now and in the future, lost wages, pain, mental anguish, physical impairment and damage to your car. Being paid in cash does not take lost wages off the table. In Grocers Supply v. Cabello (2012), a Texas court of appeals held that an undocumented worker could recover lost wages and lost earning capacity in an injury case.

Texas courts keep your status out of it

In TXI Transportation v. Hughes (2010), the Texas Supreme Court threw out a verdict because the jury had heard about a driver's immigration status. The court said that status had nothing to do with who caused the crash, and that appeals to prejudice cannot be tolerated in a Texas courtroom. In a Houston wrongful death case, Republic Waste v. Martinez (2011), the court of appeals agreed that speculation about deportation was properly kept from the jury.

Being straight with you about one issue

Status can come up in one narrow place: future lost earning capacity. The other side sometimes argues that future earnings should be measured by wages in another country. Courts have handled this differently, and it depends on the facts. It affects one part of the damages. It does not affect your right to bring the claim, your medical bills, your past lost wages or your pain and suffering.

Who pays, depending on how it happened

• Another driver caused it: that driver's liability insurance.
• You were a passenger: the at-fault driver's insurance, and often the policy on the car you were riding in, including its personal injury protection (PIP) and uninsured motorist coverage.
• The other driver was working, in a delivery van, a work truck or an 18-wheeler: usually the company and its commercial policy as well.
• Uber or Lyft: the rideshare company's policy can apply, depending on what the driver was doing in the app. How rideshare claims work.
• Hit-and-run or an uninsured driver: uninsured motorist coverage on any policy that covers you.

Getting medical care without papers or insurance

A hospital emergency room must examine and stabilize anyone with an emergency, whether or not they have papers or can pay. In Houston, Harris Health, which runs Ben Taub and LBJ hospitals, and in El Paso, University Medical Center, are public hospital systems with financial assistance for county residents who qualify by income. Many doctors also treat injury patients under a letter of protection, which means they are paid from the settlement instead of up front. Keep every bill and record: they are the core evidence of your claim.

What we don't need from you

We do not ask about your papers on our form or in our chat, and we do not need them to help you. What you tell your lawyer is confidential and privileged. We are not immigration authorities and we do not report to them. We are injury lawyers, not immigration lawyers; if you have immigration questions, we can connect you with an immigration attorney.

Don't let the deadline pass

Most Texas injury claims must be filed within two years of the crash, and claims against a city or the state can require written notice in a matter of months. Evidence like video and witness memories disappears much sooner. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and your whole case can be handled in Spanish.

More answers for people injured without papers

Other ways people ask this

Can I get a settlement if I'm in the U.S. illegally?

Yes. A settlement pays for the harm the crash caused. Immigration status is not a condition of being paid, and most claims are settled with the insurance company without ever going to court.

Do I have to tell the insurance company I'm undocumented?

No. An adjuster may ask for your Social Security number or about your status. You don't have to answer, and once you hire us, the insurance company talks to us instead of you.

Can I receive a settlement without a Social Security number or a bank account?

Yes. You don't need a Social Security number to make a claim or to be paid. We work out how you receive your money in a way that works for you.

Will my case be handled in Spanish?

Yes, from the first call to the end of the case. Jimmy speaks Spanish, and you never need a family member to translate.

Authority: TXI Transp. Co. v. Hughes (Tex. 2010) · Tex. Civ. Prac. & Rem. Code ch. 16