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Can immigration status affect one’s eligibility for an insurance claim?

Arizona is home to people and many different circumstances. Some local residents have family ties dating back to their local community for generations. Others may have moved here for work or during their retirement years.

There are also some people living in Arizona who came to give themselves and possibly their children a better future. Immigrants living in Arizona are frequently unsure of their rights. Undocumented immigrants are often in a particularly precarious situation. They may worry that any actions that draw attention to them could put them at risk of removal from the United States. They may also believe that their immigration status affects their eligibility for certain types of support after a car crash.

Does documentation status determine someone’s eligibility for insurance compensation or a personal injury lawsuit after they get hurt in an Arizona car crash?

Immigration status does not affect a personal injury claim

Contrary to what people often think, immigration status has no bearing on the right to file a personal injury lawsuit or insurance claim. After all, the person who caused the crash could just as easily have encountered someone visiting Arizona from another country for work or tourism purposes. Their insurance policy should provide at least a minimum level of protection for anyone else involved in the crash, regardless of their background.

The law does not prevent undocumented immigrants from filing insurance claims or personal injury lawsuits. An undocumented immigrant living in Arizona could seek the same forms of compensation as someone who can trace their lineage back multiple generations inside the state. The factors that matter the most in an insurance claim or personal injury lawsuit are fault and losses. Those seeking compensation after a car crash need reasonable grounds to assign fault to the other party involved in the incident. Negligence or traffic violations can lead to personal liability after a collision.

A party filing an insurance claim or lawsuit also needs to prove that there have been expenses including property damage losses, medical bills and lost wages resulting from the collision. In the case of a lawsuit, they may need proof that the insurance available was not enough given their losses.

Immigrants, especially undocumented immigrants, may feel nervous about going to court. Understanding the law in Arizona could help people feel more comfortable taking action after a car crash causes major financial expenses. Immigrants should not let concerns about their status prevent them from holding someone accountable for a wreck.


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