Will My Immigration Status Affect My Car Accident Case?

If you’ve been involved in a car accident in Illinois and you’re not a U.S. citizen, you may feel uncertain or even fearful about pursuing a personal injury claim. Many undocumented immigrants, visa holders, or green card applicants worry that filing a claim will lead to exposure, discrimination, or even deportation. Fortunately, Illinois law provides strong legal protections for injured individuals—regardless of immigration status. In this blog, we explore how your immigration status may (or may not) impact your car accident case in Illinois, with supporting data, legal citations, and practical advice.

Illinois Law Protects All Personal Injury Victims

Under Illinois law, all people—regardless of immigration status—have the right to pursue compensation if they are injured due to someone else’s negligence. This includes medical expenses, lost wages, pain and suffering, property damage, and more. Courts in Illinois have made it clear that immigration status is not a legal barrier to seeking civil remedies.

Illinois follows the principle that civil courts exist to remedy personal injuries—not to enforce immigration law. Personal injury lawsuits are civil proceedings, and immigration enforcement is handled through federal administrative courts.

Can I File a Claim Without a Social Security Number?

Yes. A Social Security number is not required to file a personal injury claim in Illinois. While insurance companies or government forms may ask for one, your attorney can often help you substitute an Individual Taxpayer Identification Number (ITIN) or work with the courts to keep your information confidential.

Attorney-client privilege also protects your privacy. Any information you share with your attorney—such as your immigration status—cannot be disclosed without your permission. A qualified Illinois personal injury lawyer can file your claim, protect your rights, and help you obtain compensation without jeopardizing your safety.

Insurance Company Tactics and Status Discrimination

Unfortunately, some insurance companies use a person’s immigration status to intimidate or lowball settlement offers. In some cases, insurers may imply that pursuing a claim could result in exposure to immigration authorities. These are scare tactics designed to reduce their financial liability.

It is illegal for an insurance company to deny your claim based on immigration status. If they attempt to do so, your attorney can push back aggressively and may even pursue a bad faith claim.

Moreover, courts have consistently ruled that immigration status is only admissible in personal injury cases if it is directly relevant to a specific claim—such as earning capacity—and even then, it is usually excluded to prevent prejudice.

Will Filing a Lawsuit Affect My Immigration Status?

Filing a personal injury claim or lawsuit does not trigger immigration enforcement. U.S. Immigration and Customs Enforcement (ICE) does not deport individuals for participating in civil litigation. In fact, courts encourage people to come forward and exercise their legal rights, regardless of immigration status.

According to the National Immigration Law Center, there is no evidence that ICE has targeted individuals simply for filing a personal injury lawsuit. Likewise, USCIS (United States Citizenship and Immigration Services) does not consider civil litigation as a negative factor in visa or green card applications unless the underlying facts involve criminal behavior.

If your case involves a serious traffic offense—such as DUI or vehicular assault—that could complicate immigration proceedings. But for routine car accident claims, filing a case does not place you at risk of deportation.

What If I Was Driving Without a License?

Illinois has made significant progress in allowing undocumented immigrants to legally drive. As of July 1, 2024, Illinois began issuing four-year standard driver’s licenses to undocumented immigrants. These licenses replace the former Temporary Visitor Driver’s License (TVDL) and allow non-citizens to drive legally and purchase insurance.

Driving without a license is still a traffic violation, and you could receive a citation. However, being unlicensed does not prevent you from filing a personal injury claim. Courts will not bar your case simply because you lacked a valid driver’s license at the time of the crash.

It’s important to understand that the fault for a car accident depends on who caused the crash—not whether someone had a valid license. If another driver’s negligence injured you, you can still recover damages, even if you were unlicensed.

Statistics on Licensing and Immigration Status in Illinois

Allowing undocumented immigrants to obtain driver’s licenses has improved road safety. A study by the Center for Growth and Opportunity at Utah State University found that granting driver’s licenses to undocumented immigrants led to a 20% to 50% reduction in fatal hit-and-run crashes. Licensed drivers are more likely to remain at the scene, file insurance claims, and cooperate with police.

Before this change, unlicensed drivers were far more likely to flee accident scenes. AAA’s Traffic Safety Culture Index reported that 15% of unlicensed drivers involved in fatal crashes fled the scene, compared to only 1.7% of licensed drivers.

By reducing barriers to legal driving, Illinois aims to improve public safety while ensuring that immigrants—regardless of their status—can access legal protections after an accident.

Will ICE Be Notified If I Go to Court?

No. In Illinois, local police and courts generally do not communicate with ICE about civil case participants. The Illinois TRUST Act, passed in 2017, limits local law enforcement from cooperating with federal immigration authorities unless a judicial warrant is presented.

This means that going to court for a civil matter—like a car accident case—will not expose you to immigration enforcement. Judges, clerks, and attorneys do not ask about or report immigration status in these proceedings.

In fact, many law firms offer bilingual services and understand how to discreetly handle cases involving undocumented clients. Your attorney can work with the court to seal or redact sensitive information to protect your identity if needed.

Healthcare Access for Immigrants After a Crash

Medical treatment after a crash can be expensive, especially for uninsured immigrants. Fortunately, Illinois offers some options for undocumented immigrants to access healthcare.

The Health Benefits for Immigrant Adults (HBIA) program covers low-income immigrants aged 42–64, and as of 2024, it served over 32,000 residents. While the program may be phased out, free clinics, emergency rooms, and sliding scale hospitals continue to serve non-citizens without requiring proof of immigration status.

In a personal injury claim, your attorney can negotiate with healthcare providers to delay billing until your settlement comes through. They can also reduce medical liens to help you keep more of your compensation.

What Should I Do If I’m in a Car Accident and Undocumented?

1. Call the police to report the accident and get a crash report.
2. Seek medical attention immediately, even if your injuries seem minor.
3. Do not admit fault or discuss your immigration status.
4. Gather evidence at the scene: photos, witness names, and insurance details.
5. Contact an experienced Illinois car accident lawyer who is familiar with immigrant rights.
6. Do not sign anything from the insurance company until you speak with your lawyer.

By acting quickly and working with a skilled attorney, you can pursue your case safely and effectively.

Your Immigration Status Does Not Cancel Your Rights

If you’ve been injured in a car accident in Illinois, don’t let fear stop you from asserting your legal rights. Immigration status does not determine whether you’re entitled to compensation—Illinois law protects all people who are harmed by someone else’s negligence.

Insurance companies may try to intimidate you or use your status against you, but they cannot legally deny you fair compensation. Filing a personal injury claim will not trigger deportation or immigration enforcement. You have the right to medical care, lost wages, and legal representation, regardless of your citizenship or residency status.

Contact the Award-Winning Illinois Car Accident Attorneys at John J. Malm & Associates

At John J. Malm & Associates, we understand the challenges faced by undocumented clients and immigrant families after a serious car crash. We provide confidential, compassionate legal support and fight to get you the full compensation you deserve. Contact us today for a free consultation and take the first step toward justice—without fear.