What Is a Personal Injury Claim?

A personal injury claim is a legal claim seeking compensation for harm caused by another person’s actions or negligence.

Car accidents are one common source of personal injury claims.

Depending on the circumstances and applicable state law, a claim may involve losses such as:

Medical expenses
Rehabilitation costs
Lost wages
Reduced ability to work
Property damage
Physical pain
Emotional distress
Other legally recognized damages

The specific damages available depend on the facts of the accident and the law governing the claim.

Being a new immigrant does not automatically determine the value of a personal injury claim. The circumstances of the accident, injuries, insurance coverage and applicable law are much more important factors.

What Should a New Immigrant Do Immediately After a Car Accident?

The first priority after a collision is safety.

If you are involved in an accident, consider these steps when it is safe to do so.

1. Move to a safe location if possible

If the vehicles can safely be moved and doing so is permitted, move away from active traffic.

If you or another person appears seriously injured, seek emergency assistance.

2. Call emergency services when necessary

Serious injuries, dangerous road conditions or other circumstances may require emergency assistance.

A police report can also become an important record of what happened.

3. Exchange information

Depending on the circumstances and local requirements, information may include:

Driver’s name
Contact information
Insurance company
Insurance policy information
Vehicle information
License plate
Driver’s license information

The National Association of Insurance Commissioners recommends recording relevant information about the other vehicle, witnesses, accident location and circumstances when filing an auto claim.

4. Document the accident scene

If it is safe, photographs and videos can help document:

Vehicle damage
Road conditions
Traffic signs
Vehicle positions
Visible injuries
Weather conditions
Property damage

The NAIC specifically recommends recording details such as the accident location, weather and road conditions and photographing or sketching the accident scene.

5. Seek medical attention

Some injuries may not be immediately obvious.

If you are injured or believe you may have been injured, seek appropriate medical attention and keep records of your treatment.

Medical records can also become important documentation if an injury claim develops.

Can New Immigrants File Personal Injury Claims in the USA?

A person’s immigration status does not by itself answer whether a particular personal injury claim exists.

The relevant questions generally involve issues such as:

What happened?
Who was responsible under applicable law?
What injuries occurred?
What losses resulted?
What insurance coverage exists?
What state law applies?
Was the claim filed within the applicable deadline?

Because personal-injury law is state-specific, someone involved in an accident should avoid assuming that the rules in one state apply everywhere.

For a case involving significant injuries or disputed liability, obtaining advice from a qualified attorney licensed in the relevant jurisdiction can help clarify the individual’s rights and deadlines.

Can an Undocumented Immigrant Make a Personal Injury Claim?

This is an area where people should be particularly careful about generalizations.

Immigration status can interact with different areas of law in complicated ways, and the answer can depend on the facts and jurisdiction.

A person should not assume that they have no rights simply because of their immigration situation.

Likewise, nobody should assume that immigration status has no legal relevance whatsoever.

If immigration status is a concern, discussing the accident with an attorney who understands the relevant personal-injury law and, when necessary, immigration law can provide more appropriate guidance.

What Compensation Can a Car Accident Claim Include?

There is no universal compensation amount for an accident.

Potential categories can include:

Medical expenses

These may include expenses associated with:

Emergency treatment
Hospital care
Doctor visits
Diagnostic testing
Surgery
Prescription medication
Physical therapy
Rehabilitation

The exact treatment and expenses depend on the injuries involved.

Lost income

If an injury prevents someone from working, lost wages may become part of a claim where permitted by applicable law.

For an immigrant worker, documentation can be particularly important.

Keep records such as:

Pay statements
Employment records
Work schedules
Tax documents
Employer correspondence
Records showing missed work

Future medical expenses

Some serious injuries require continuing treatment.

Depending on applicable law and the evidence, future medical expenses can potentially form part of a claim.

Property damage

A vehicle can suffer significant damage even when the physical injuries initially appear minor.

Auto insurance policies can provide different types of coverage.

The NAIC explains that collision coverage can cover damage to a vehicle resulting from a collision, while liability coverage can include bodily injury and property damage liability depending on the policy and jurisdiction.

Pain and suffering

Some jurisdictions allow compensation for non-economic losses such as physical pain and emotional distress.

The rules and methods used to evaluate these damages vary by state.

How Do Car Insurance Claims Work?

After an accident, an insurance claim may need to be filed with an insurer.

The process can involve:

Reporting the accident
Providing information about the collision
Submitting supporting documentation
Speaking with an insurance adjuster
Providing vehicle damage information
Providing medical documentation when appropriate
Evaluating the available coverage
Negotiating or resolving the claim

The NAIC advises consumers to contact the insurer using the information on their proof-of-insurance card and notes that many insurers also allow claims to be submitted through mobile applications.

What Is an Insurance Adjuster?

An insurance adjuster evaluates an insurance claim.

The adjuster may review:

Accident reports
Vehicle damage
Statements
Photographs
Medical documentation
Insurance coverage
Other evidence

The adjuster’s role is to evaluate the claim under the applicable insurance policy and claims process.

If there is a significant dispute over liability, injuries or compensation, an attorney may be able to explain the claimant’s options.

What If the Other Driver Has No Insurance?

An accident involving an uninsured driver can create additional complications.

Whether compensation may be available can depend on:

Your own insurance policy
Uninsured-motorist coverage
State law
The circumstances of the accident
Whether another source of compensation exists

Do not assume that an uninsured driver means there is automatically no possible source of compensation.

Review your policy and obtain appropriate advice based on the state where the accident occurred.

What If the Other Driver Leaves the Scene?

A hit-and-run accident should generally be reported promptly to law enforcement.

The NAIC specifically advises consumers to promptly contact police when a vehicle is damaged by a hit-and-run driver.

If possible, record:

Vehicle description
License plate
Direction the vehicle traveled
Witness information
Photographs
Video footage
Location
Time of the accident

Security-camera footage from nearby businesses or homes may also become relevant.

What Happens If You Don’t Have Health Insurance?

A car accident can create medical bills even when someone does not have comprehensive health insurance.

Options can depend on the person’s circumstances and location.

Government guidance notes that potential assistance with medical expenses can include programs such as Medicaid, Medicare, ACA Marketplace coverage and other forms of assistance, depending on eligibility.

A person should also keep every medical bill and record connected with the accident.

Do not ignore medical bills simply because an insurance claim is pending.

Can Medical Bills Be Paid From an Injury Settlement?

Potentially, but the exact process depends on the circumstances.

A settlement does not necessarily mean that every dollar goes directly into the injured person’s bank account.

Possible deductions or obligations can include:

Attorney fees
Litigation expenses
Medical liens
Medical bills
Insurance reimbursement claims
Other legally enforceable obligations

The exact treatment depends on the case and applicable law.

This is one reason it is important to understand the financial terms of a settlement before accepting it.

When Should a New Immigrant Consider Contacting a Personal Injury Attorney?

Not every minor accident requires an attorney.

However, professional legal advice may be particularly useful when:

You suffered significant injuries
The other driver disputes responsibility
The insurance company denies your claim
The insurer offers an amount you believe does not reflect your documented losses
You cannot work because of your injuries
Your medical treatment is substantial
The accident involved multiple vehicles
The other driver was uninsured
There is a dispute about insurance coverage
The accident resulted in permanent impairment
A wrongful-death claim may be involved
You are unsure about the applicable filing deadline
Immigration status is creating additional concerns

The American Bar Association explains that personal injury matters are among the cases in which lawyers commonly use contingency-fee arrangements.

How Do Personal Injury Attorneys Get Paid?

Some personal injury attorneys work under a contingency-fee arrangement.

Under this type of arrangement, the lawyer’s fee is generally tied to the recovery rather than being paid as a traditional hourly fee.

The exact percentage and treatment of expenses depend on the agreement and applicable law.

The American Bar Association notes that contingency agreements should explain the percentage used to calculate the lawyer’s fee and how litigation and other expenses will be handled.

Never assume that every personal injury lawyer charges the same percentage.

Before signing an agreement, ask:

What percentage is the attorney charging?
Does the percentage change if the case goes to trial?
Which expenses are deducted?
Are expenses deducted before or after the attorney’s percentage?
What happens if the case is unsuccessful?
Will I owe any costs even if there is no recovery?

Get the agreement in writing.

What Questions Should New Immigrants Ask a Personal Injury Attorney?

A first consultation can be more productive if you prepare questions beforehand.

Consider asking:

“Have you handled cases similar to mine?”

Experience with comparable cases can help you understand whether the attorney’s practice is relevant to your situation.

“What fees will I pay?”

Ask for a clear explanation of attorney fees and case expenses.

“What happens if we don’t win?”

Understand whether you could be responsible for particular expenses.

“Who will communicate with the insurance company?”

Ask whether the attorney or someone else at the firm will handle communications.

“What evidence should I preserve?”

This can include medical records, photographs, accident reports, bills and employment records.

“What deadlines apply?”

Personal injury claims can be subject to state-specific deadlines.

Personal Injury Claim Deadlines Matter

One of the biggest mistakes after an accident is assuming that there is unlimited time to file a claim.

Deadlines can vary depending on:

State
Type of claim
Identity of the defendant
Government involvement
Nature of the injury
Insurance circumstances

Because these rules can be complicated, do not rely on a generic internet article to calculate your individual deadline.

If an accident involved serious injury, obtaining state-specific legal advice promptly can help you understand the applicable timeline.

What Evidence Should You Keep?

Create a dedicated folder for the accident.

Keep:

Police report
Accident photographs
Videos
Medical records
Medical bills
Prescription records
Insurance correspondence
Repair estimates
Pay statements
Employment records
Witness information
Emails
Text messages
Notes about conversations with insurers

Also keep a timeline describing:

Date → Event → Person/company contacted → What was discussed → Documents received

This can make it easier to reconstruct what happened later.

What If You Are Not Comfortable Speaking English?

Language barriers should not prevent someone from asking questions about an accident.

When dealing with an insurer, medical provider or attorney, ask about available language assistance if needed.

Before signing a legal document, make sure you understand what you are agreeing to.

If necessary, request an appropriate interpreter or obtain a translated explanation.

Do not sign something you do not understand simply because another person tells you that it is routine.

Can a New Immigrant Sue an Insurance Company?

The answer depends on the circumstances and applicable state law.

A disagreement with an insurer does not automatically mean that a lawsuit is the next step.

There may be other options, including:

Requesting additional documentation
Appealing a claim decision
Negotiating
Filing a complaint with the state insurance regulator
Consulting an attorney

The NAIC explains that state insurance departments can investigate certain complaints involving issues such as claim delays, claim denials and alleged violations of state insurance laws.

Be Careful With “Guaranteed Settlement” Promises

New immigrants can be attractive targets for scams because they may be unfamiliar with U.S. legal and insurance systems.

Be cautious if someone promises:

Guaranteed compensation
Guaranteed millions of dollars
Guaranteed legal victory
Immediate settlement
A lawsuit requiring no documentation
A guaranteed immigration benefit because you were injured
A guaranteed amount before reviewing your case

No legitimate article can guarantee that an accident victim will receive a particular settlement.

Your individual circumstances matter.

How to Find a Legitimate Personal Injury Attorney

When looking for an attorney, verify:

State licensing
Practice area
Office information
Written fee agreement
Communication arrangements
Experience relevant to your case
Client documentation requirements

The American Bar Association maintains a lawyer-referral directory that allows consumers to search for lawyer-referral resources by location.

You can also contact the relevant state bar association.

What Should You Never Do After a Serious Accident?

Avoid making important decisions without understanding their consequences.

In particular:

Do not destroy evidence.

Do not exaggerate injuries.

Do not fabricate information.

Do not ignore medical treatment.

Do not automatically accept the first settlement offer without understanding what it covers.

Do not sign documents you do not understand.

Do not pay an unknown person simply because they promise to obtain a U.S. settlement.

Do not assume another state’s laws apply to your accident.

A Simple 2026 Checklist for New Immigrants After a Car Accident

Use this checklist as a starting point:

At the accident scene

☐ Get to a safe location
☐ Call emergency services when appropriate
☐ Exchange information
☐ Photograph the scene
☐ Photograph vehicle damage
☐ Identify witnesses
☐ Obtain the police report information

After the accident

☐ Seek appropriate medical attention
☐ Notify your insurer
☐ Keep medical records
☐ Keep all bills
☐ Document missed work
☐ Save insurance correspondence
☐ Preserve photographs and videos
☐ Avoid signing documents you do not understand

If the claim becomes complicated

☐ Determine which state’s law applies
☐ Check applicable deadlines
☐ Consider consulting a qualified attorney
☐ Review the attorney’s fee agreement
☐ Ask how expenses are calculated
☐ Keep copies of everything

Frequently Asked Questions

Can immigrants receive compensation after a car accident in the USA?

Potentially. Whether someone has a viable personal injury claim depends on the accident, injuries, evidence, insurance and applicable law. Immigration status alone does not provide enough information to determine the outcome.

Does immigration status automatically prevent a personal injury claim?

No single rule can answer every situation. Personal injury claims are governed by applicable state law and the facts of the accident. Anyone concerned about immigration-related issues should obtain advice appropriate to their circumstances.

How much can a car accident claim be worth?

There is no standard amount. The value can depend on medical expenses, lost income, property damage, injury severity, future losses, insurance coverage and state law.

Can I make an insurance claim if I was not at fault?

Potentially. The process depends on the accident circumstances, applicable state law and the insurance policies involved.

What if the insurance company denies my claim?

You can review the reason for the denial, provide additional documentation where appropriate and consider contacting your state insurance regulator or a qualified attorney. State insurance departments can handle certain consumer complaints involving claim denials and delays.

Do personal injury lawyers require payment upfront?

Some personal injury attorneys use contingency-fee arrangements rather than traditional hourly billing. The exact terms vary, and the agreement should explain the attorney’s percentage and expenses.

Should I accept the first settlement offer?

Do not assume that the first offer is necessarily the correct amount for your circumstances. Before accepting a settlement, understand what rights you may be giving up and what expenses or obligations will remain.

What if I cannot afford an attorney?

Some personal injury attorneys offer consultations and contingency-fee arrangements. Ask specifically about fees, expenses and what happens if there is no recovery.

Final Thoughts

A car accident can be overwhelming for anyone, and the process can feel even more complicated when you are new to the United States.

The most important steps are to prioritize safety, obtain appropriate medical care, document the accident, notify the relevant insurer and preserve your records.

Do not assume that your immigration status determines whether you can seek compensation.

At the same time, do not assume that a generic online article can determine your legal rights.

Personal injury and insurance rules vary by state. If the accident involves serious injuries, significant financial losses, disputed responsibility, an uninsured driver or complicated immigration circumstances, consider obtaining advice from a qualified professional who can review the specific facts of your case.