Will filing an injury claim get me deported?

What an injury claim is, and what it isn't

An injury claim is a request for money from the person or company that hurt you, almost always paid by their insurance company. Most claims are settled with the insurer without a trial. If a lawsuit is needed, it is filed in a Texas civil court. No immigration judge is involved, and the only thing the case decides is whether you get paid and how much.

Who learns about your status

Your lawyer. Only if you choose to tell us, and it stays confidential. We do not ask about your papers on our form or in our chat. We are not immigration authorities and we do not report to them.

The insurance company. Adjusters sometimes ask. You do not have to answer questions about your papers or the crash. Once you have a lawyer, those calls come to us.

The other side in a lawsuit. They may try to ask. Your lawyer can object and ask the court to limit those questions. In TXI Transportation v. Hughes (2010), the Texas Supreme Court held that a driver's immigration status had nothing to do with who caused the crash and should not have been put in front of the jury.

Talking to the police after a crash

Since 2017, Texas law has limited when an officer can ask a victim of or witness to a crime about immigration status: only when it is necessary to investigate the offense, or to give the victim information about federal visas for crime victims. That limit does not apply if the officer believes the person committed a separate offense. Driving without a license can be one, which is why we explain that issue here.

Will I have to go to court?

Probably not. Most injury claims are settled with the insurance company without a lawsuit, and most lawsuits settle before trial. If a lawsuit is filed, you may give a deposition, which is a recorded interview usually held at a lawyer's office, with your lawyer beside you and an interpreter if you want one. If your case is headed for a courtroom, we will walk through every step with you ahead of time, including any concern you have about going to the courthouse.

Going to the hospital or calling 911

Paramedics and hospitals are there to treat you. In an emergency, a hospital must examine and stabilize you whether or not you have papers or insurance. Don't let fear keep you from care: untreated injuries get worse, and the medical record is what proves your claim. When someone is hurt in a crash, Texas law requires the crash to be reported to the police, and the report is often the most important piece of evidence.

What no lawyer can promise

We cannot control what federal immigration authorities do, and anyone who promises you otherwise is not being honest. If you have a pending immigration case or an old deportation order, talk to an immigration attorney before you do anything else. We can connect you with one. If the crash involved a crime, such as a drunk driver or a hit-and-run, ask an immigration attorney whether any protection for crime victims applies to you.

The bigger risk is waiting

Fear is the main reason injured people never claim what they are owed, and insurance companies know it. Most Texas injury claims must be filed within two years, and evidence disappears much sooner. A free, confidential consultation costs you nothing and commits you to nothing. Jimmy Suerken is a Mexican-American attorney who speaks Spanish, and you can ask him anything.

More answers for people injured without papers

Other ways people ask this

Can ICE find out if I file an injury claim?

An injury claim goes to an insurance company, and sometimes to a Texas civil court. Neither one is part of immigration enforcement, and we never share your status. Lawsuit filings are public, which is one reason most claims are settled first. If a lawsuit is needed, we go over exactly what will be filed with you beforehand, and your status does not belong in it.

Do insurance companies report people to immigration?

An insurance company's job is to pay or fight the claim, not to enforce immigration law. Adjusters may still ask questions looking for leverage, which is why, once you hire us, they talk to us instead of you.

Should I call the police after a crash if I don't have papers?

If anyone is hurt, call 911. Texas law requires a crash with injuries to be reported, the police report is often key evidence, and Texas law limits when officers can ask victims and witnesses about immigration status.

My family member has papers. Can they file the claim for me?

No. The claim belongs to the person who was hurt, unless the injured person is a child. A family member can call us, help gather papers and come to meetings with you.

Authority: TXI Transp. Co. v. Hughes (Tex. 2010) · Tex. Code Crim. Proc. art. 2.13