Does Your Immigration Status Impact Car Accident Claims in California?

Does Your Immigration Status Impact Car Accident Claims in California?

Understanding Car Accidents and Compensation in California

Introduction

When involved in a car accident in California, understanding your rights and potential compensation is crucial. Regardless of your immigration status, damages may be claimable in many cases. This blog will outline what factors courts consider when assessing liability and how you can resolve your case effectively.

Legal Protections for Undocumented Drivers

Assembly Bill (AB) 60

Under Assembly Bill 60, undocumented immigrants can obtain a driver’s license and buy car insurance. California law mandates that drivers carry a minimum of $15,000 per person and up to $30,000 per accident for bodily injuries, alongside $5,000 in property damage coverage. This means that even if you are undocumented, having insurance is essential to protect yourself in case of an accident.

Reporting Accidents Safely

The TRUST Act ensures that local law enforcement cannot report the immigration status of drivers in car accidents. This means you should always report an accident without fear of deportation. Leaving the scene or failing to report an accident can lead to serious complications, including denial of your insurance claim.

Proving Liability in an Accident

Immigration Status Irrelevant

Your immigration status does not affect your liability in a car accident. Courts focus on the facts of the case. Negligent actions such as driving under the influence, running red lights, or failing to maintain your vehicle can make you liable, but the facts will determine the outcome.

Key Elements to Prove Your Case

To win your case, you need to establish four key elements:

  1. Duty of Care: All drivers must adhere to a duty of care toward others.
  2. Breach of Duty: You must show that this duty was violated in your case.
  3. Causation: Demonstrate that you suffered financial losses directly linked to the accident.
  4. Damages: Medical records and bills can serve as evidence of your injuries and costs.

Understanding Comparative Negligence

In some instances, you might be partially at fault for an accident. California uses pure comparative negligence laws, meaning you can still recover damages even if you are mostly at fault. For example, if a jury finds you 25% liable, your compensation will be reduced by that percentage.

Conclusion

After a car accident, promptly calling the police and filing an insurance claim is vital. Consulting with an attorney before providing any statements can strengthen your case.

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Source: California Department of Motor Vehicles

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