Obtaining injuries or causing damage to your vehicle during a car accident is not something anyone wants to
experience, but like most bad experiences, it is unprecedented. If you are involved in a car accident, and the other driver is at fault, it is natural for you to want to file charges. Of course, someone is supposed to pay for damages from the accident. But If the person at fault is an illegal immigrant, it can be harder to sue or get compensation for the injuries and damages.
Indeed, many states, in line with the constitution, do not allow anyone who came into the country illegally to obtain legal documents like a driver’s license. Still, there is not much these states can do to stop them from gaining access to a car or driving. So, what do you do when you are involved in a car accident with an illegal immigrant? Well, read on to find out.
Car Accidents Involving Undocumented Immigrants
Illegal immigrants are much more likely to be hit-and-run drivers. For instance, they may try to flee from the accident scene for fear of being discovered as illegal inhabitants and then deported to their original country. These illegal persons may also have faked their documents or IDs, which causes them to run from the law out of
fear.
Sadly, though, while attempting to save their skin, they often cause pain to affected individuals and their families, which is unjust. Therefore, if you or a family member or friend has been involved in a car accident involving an undocumented immigrant, you should contact a personal injury lawyer as soon as possible.
Fatal Car Accidents Involving Undocumented Immigrants
There are many cases of car accidents involving undocumented immigrants. For instance, over a decade ago, a dump truck stopped in front of an illegal immigrant without a driver’s license driving in North Carolina, United States. For fear of hitting the truck, she swerved and hit someone else’s car—a Toyota Camry that had a 14-month-old baby in it. The sad incident led to the loss of the child’s life, injuries to both drivers, and damage to her car. She was later charged with manslaughter as a result.
Another case involved five people who were fleeing border control officers who had ordered the driver to stop. Unfortunately, the driver took no heed and went on over-speeding at over 100 miles an hour to escape the wrath of the law. They probably had hopes for a brighter future in a new location but ended up losing their lives that day, causing grief and sorrow to their families. So, in the former example, where the undocumented immigrant did not have car insurance, how will the affected party get compensation for the damages? Well, let’s look into that.
Determining Liability
To understand how compensation works in these kinds of cases, especially as it involves illegal immigrants, it’s essential first to determine who was at fault. Some states follow the contributory negligence law regarding lawsuits for personal injury. But in this case, the plaintiff, i.e., the person who files the lawsuit, must prove that the defendant party was 100% responsible for the accident, or else it won’t recover any compensation.
Even if the defendant was discovered to have just 10% of the blame, the plaintiff might not get any compensation for the accident. So, to increase the chances of winning the case against the illegal immigrant, it is essential to act as quickly as possible to begin the investigation process. This is so that the team has a hold of all the information they can get from CCTV footage, eyewitness reports, and other information they can collect. The quicker the evidence is gathered, the faster and more likely it will be that justice will be served. Conversely, any delay can slow down the process or lead to the loss of substantial evidence.
Making an Insurance Claim
In several cases, the illegal immigrants are most likely unable to compensate the other party even if they win the lawsuit due to a lack of funds. In these cases, you can only get compensation if you file a claim with your insurance company. However, it is also worth noting that sometimes the insurance company might place its objectives above those of the injured person. For example, they could deny any claim you make, saying that the car accident wasn’t the cause of your injuries or damages or that the other driver wasn’t at fault.
Indeed, this can be a highly complex and time-consuming process. So, it is essential that if you’re going down this road, you should employ the services of a car accident lawyer.
Top Challenges of Filing a Compensation Claim Against an Illegal Immigrant?
You should file a compensation claim if you’re an accident victim or have incurred a lot of damages due to the incident. However, it is important to note that you may spend some money getting a lawyer and that there are other challenges, such as:
● Difficulty in locating the illegal immigrant
● Lack of auto insurance on the vehicle of the illegal immigrant
● Lack of cooperation with the authorities because of an unfounded fear of being deported
● Lack of funds on the part of the insurer to pay due compensation for the damages caused by being underpaid
Coleman Law Group can Help You
If you ever get involved in an accident with an illegal immigrant and feel like you should use it, it’s best to contact an attorney as quickly as possible to gather all the evidence before the case goes stale.
Your attorney or lawyer will be in the best position to advise you on what to do. They usually do a free case evaluation to determine if you stand a chance of winning the case before taking it a step further.
Luckily, we at Coleman Law Group are always ready to help you make the most of your case. So you should contact us now.
