{"id":7577,"date":"2023-04-12T09:50:49","date_gmt":"2023-04-12T16:50:49","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/?p=7577"},"modified":"2024-02-01T16:32:16","modified_gmt":"2024-02-01T23:32:16","slug":"car-accident-not-us-citizen","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-personal-injury\/blog\/car-accident-not-us-citizen\/","title":{"rendered":"What to Know if You’re in a Car Accident as a Non-U.S. Citizen"},"content":{"rendered":"

Introduction<\/h2>\n

Whether you have legal status or not, you should take certain steps to increase your odds for financial recovery, obtaining a visa and\/or protecting your legal status. Accidents involving immigrants can be complex because your situation may involve multiple areas of law.<\/p>\n

Additionally, non-U.S. Citizens, even visa and green card holders, can be vulnerable because of language barriers and bias. Thus, knowledge of immigration, personal injury and criminal defense law is critical to protect your rights when in a car wreck.<\/p>\n

I am a victim<\/em> in a car accident, what should I know?<\/h3>\n

As a victim you may be able to receive financial relief through a personal injury claim, or immigration relief by qualifying for a U visa under certain circumstances.<\/p>\n

Financial Relief<\/h4>\n

Regardless of immigration status, victims of car accidents may be able to obtain financial relief to cover the costs of medical expenses, wrongful death, pain and suffering, emotional distress, lost wages and rehabilitation.<\/p>\n

However, getting lost wages for missing work is more complicated in claims involving immigrants who do not have work authorization prior to the accident. Obtaining lost wages for future lost income is possible.<\/p>\n

Unfortunately, some undocumented immigrants fail to file a claim because of fear of deportation. Your legal status does not prevent you from filing or collecting on an insurance claim after an accident.<\/p>\n

In addition, it is unethical and very unlikely that an insurance company or opposing party will use your legal status to threaten immigration action against you. In any event, Jackson White has a team of attorneys experienced in immigration laws, personal injury, and criminal defense to protect your rights.<\/p>\n

Immigration Relief<\/h4>\n

Most car accidents are just that, an accident. In other words, there is no crime and the crash falls under civil law.<\/p>\n

However, if you are undocumented and a victim of a car accident where there is a police criminal investigation against the other driver(s), you may be able to apply for a U nonimmigrant visa.<\/p>\n

A criminal investigation against the other driver may begin if any of the following occur; he\/she was driving under the influence of alcohol or drugs (DWI\/DUI), hit and run, criminal speeding, fleeing\/avoiding arrest of the police, or causing serious injury or a fatality.<\/p>\n

Reporting an Accident to the Police<\/h4>\n

Regardless of your legal status, you should remember the following if you are involved in an accident:<\/p>\n