Injured in California but Afraid to Report It?

What Undocumented and Immigrant Families Need to Know About Personal Injury Claims

Across California, thousands of people are injured every year in car accidents, workplace incidents, slip and falls, and other preventable events. But for a large portion of the population, there is an additional fear layered on top of the trauma of an injury: the fear that seeking medical care, reporting the incident, or contacting an attorney could expose them to ICE or deportation.

We see this fear most often among undocumented immigrants, families with mixed immigration status, and individuals who come from countries where government involvement usually leads to punishment. Many people simply try to “push through” serious pain because they believe asking for help will put their family at risk.

This fear is understandable given the political climate, but it is not legally accurate. California law gives undocumented victims the same personal injury rights as any other resident, and immigration status cannot be used against you in a civil case.

Below, we break down how accident victims often experience this fear, what protections the law provides, and why avoiding treatment or reporting the accident can ultimately harm your health and your legal rights.

Why Many Immigrant Victims Stay Silent After an Accident

1. Fear of Police Involvement

After a car crash or major injury, the first responders are usually police officers. Many accident victims tell us that their immediate fear is: “If I cooperate, will I be questioned about my papers?”

In California, law enforcement cannot inquire about immigration status during a routine accident investigation. California’s Values Act (SB 54) limits cooperation with federal immigration authorities, and personal injury matters are not immigration matters.

2. Fear of Hospitals Sharing Information

Some injured victims avoid emergency rooms because they believe hospitals will report them to ICE.

Hospitals do not report immigration status. They are legally barred from sharing that information without consent. Their only job is medical care, not immigration enforcement.

3. Fear of Filing a Claim or Lawsuit

Many undocumented accident victims believe that:

• the insurance company will find out their status

• the court will report them

• their lawsuit could trigger deportation

None of this is true in California.

State law explicitly restricts the use of immigration status in personal injury litigation.

4. Cultural Trauma

Many immigrants come from countries where any government system — courts, police, hospitals — is seen as a threat. This history creates understandable hesitation to seek legal help in the U.S.

California Law Is Clear: Immigration Status Cannot Be Used Against Accident Victims

California has some of the strongest protections in the nation for undocumented and immigrant victims.

1. Civil Code § 3339, Labor Code § 1171.5, and Government Code § 7285 prohibit the use of immigration status in civil cases.

This means:

• a defendant cannot ask about your status

• the court cannot require you to disclose it

• immigration status cannot reduce the compensation you are entitled to

2. Your right to compensation is the same as a U.S. citizen’s.

Whether you are:

• undocumented

• have DACA

• overstayed a visa

• in a mixed-status family

• hold no current legal status

you still have the right to recover damages for:

• medical bills

• lost wages

• future medical treatment

• pain and suffering

• long-term disability

  
  
  
  

3. California courts are prohibited from providing immigration information to federal authorities.

No judge, clerk, or attorney in a civil personal injury case reports immigration information to ICE.

4. Insurance companies cannot ask about immigration status.

They may attempt to intimidate victims by implying otherwise, but it is illegal.

What Happens When Accident Victims Stay Silent

We regularly hear from families who waited too long to report an accident or seek medical care because of fear. Unfortunately, this silence often causes long-term harm:

1. Serious injuries get worse

Untreated fractures, soft tissue injuries, and head trauma can lead to permanent disability.

2. Medical records disappear

Without early documentation, insurance companies argue that the injuries did not come from the accident.

3. Witnesses become harder to find

Delays weaken evidence and reduce settlement value.

4. Victims miss filing deadlines

California has strict statutes of limitations. Waiting too long can eliminate your right to recover anything at all.

In other words: silence helps the insurance company, not the victim.

How California Personal Injury Attorneys Protect Immigrant Victims

A qualified California personal injury attorney understands the unique fear immigrant victims carry. Their job is not only to pursue compensation but to protect the client’s privacy and security at every step.

Here’s how attorneys safeguard immigrant victims:

• They do not ask about immigration status unless it affects wage-related damages.

• They communicate with police and insurance on your behalf so you don’t have to.

• They keep all personal information confidential.

• They ensure no one uses intimidation tactics against you.

• They help you obtain medical care even if you do not have insurance.

• They pursue maximum compensation while shielding you from exposure.

Many personal injury firms in California take cases on a contingency fee, meaning you pay nothing upfront and nothing unless the case is successful.

Frequently Asked Questions From Immigrant Accident Victims

1. “Can I get deported if I report a car accident?”

No. Reporting an accident is not an immigration matter. California police do not act as immigration agents.

2. “Will the court ask about my immigration status?”

No. Courts are prohibited from asking, documenting, or sharing this information.

3. “Can I still get compensation if I am undocumented?”

Yes. Your immigration status does not affect your right to recover damages.

4. “Can the insurance company deny my claim because I’m undocumented?”

No. That would violate California Civil Code protections.

5. “What if I was working off the books when I got hurt?”

You still have legal protections. Immigration status does not change your right to file a claim.

6. “I’m afraid of giving my real name. What can I do?”

You must use your legal name, but it remains confidential within the civil process.

7. “Will hiring an attorney affect my immigration case?”

No. Personal injury lawsuits do not impact immigration applications, DACA renewals, asylum claims, or visa petitions.

Conclution

Fear should never stop an injured person from getting medical care or seeking justice. California law was built to protect people in exactly this situation — people who are scared, vulnerable, and unsure whether stepping forward will make their situation worse.

If you or a loved one were injured but hesitated to take action because of immigration fears, you are not alone. The law is on your side, and help is available without putting your family at risk.