Undocumented Immigrants Can File Car Accident Claims in New Jersey — And We Never Share Your Status with ICE or the Government

Many undocumented immigrants suffer in silence after car accidents, believing they have no legal options for compensation—or that filing a claim could trigger immigration consequences. That belief is false. In New Jersey, undocumented immigrants do have the right to file personal injury and car accident claims, and legal protections limit the risk that their immigration status will be exposed or used against them.

This post explains those rights, common fears and misconceptions, how Raffi T. Khorozian P.C. handles such cases, and the steps undocumented victims should take to protect themselves—and their claims.

Why Immigration Status Does Not Prevent You from Filing a Claim

Many undocumented immigrants wrongly believe that filing a personal injury or car accident claim will “flag” them for deportation or expose their status in court. That belief is not supported by law.

1. Constitutional and Civil Rights Protections

Under the U.S. Constitution’s Fifth and Fourteenth Amendments, all persons — regardless of citizenship — have the right to access the courts and seek redress for wrongs. Federal law prohibits discrimination based on immigration status in civil claims, including personal injury lawsuits.

In other words, when you are injured due to another’s negligence, your right to pursue justice does not disappear simply because of your status.

2. New Jersey Case Law

New Jersey courts have explicitly recognized that undocumented immigrants may bring personal injury and contract claims. In Montoya v. Gateway Insurance Co., the New Jersey Appellate Division held that “undocumented immigrants have rights of access to the courts … [to] enforce … civil wrongs such as negligently inflicted personal injuries.” scura.com

Similarly, Mendoza v. Monmouth Recycling Corp. affirmed that undocumented workers could recover workers’ compensation benefits. These precedents support that New Jersey does not categorically deny injury claims due to immigration status. scura.com

At The Law Offices of Raffi T. Khorozian P.C., we want to make one fact absolutely clear: your immigration status does not prevent you from filing a car accident claim in New Jersey. Even if you are undocumented, you have the same right to seek justice, pursue compensation, and protect your future as any other person injured on New Jersey roads.

We also want to reassure every undocumented client who may be afraid to come forward: we never share your status with ICE, the government, or any outside agency. Confidentiality and client protection are cornerstones of our practice. When you choose us, you choose safety, privacy, and a firm that stands by your side.

Common Fears — And Why They Are Unfounded

We hear the same concerns from undocumented clients again and again. Let’s address them directly:

“Will filing a claim get me deported?”

No. Filing a car accident lawsuit does not alert ICE or immigration authorities. Civil courts treat personal injury cases separately from immigration enforcement.

“Will your office report my status to ICE or the government?”

Absolutely not. At The Law Offices of Raffi T. Khorozian P.C., we never disclose our clients’ immigration status to ICE, DHS, or any government agency. Client confidentiality is our highest duty.

“Do I need a Social Security number to file a claim?”

No. New Jersey courts do not require citizenship documents or Social Security numbers for personal injury claims. Alternative identification is acceptable.

“Could the defendant bring up my immigration status in court?”

Sometimes defendants attempt this tactic. However, we file strong objections to exclude such evidence, as immigration status is irrelevant to liability or damages. Courts frequently agree and bar it from trial.

Why It Matters: Access to Justice for All

Undocumented immigrants drive, work, and raise families across New Jersey. They are equally vulnerable to negligent drivers and unsafe road conditions. Denying them access to justice would:

• Leave thousands of accident victims without remedy
• Undermine constitutional protections of fairness
• Incentivize reckless behavior by negligent drivers

New Jersey law is clear: if you are injured due to negligence, you deserve your day in court—regardless of status.

How We Handle Undocumented Client Cases

At The Law Offices of Raffi T. Khorozian P.C., we use strategies specifically designed to protect undocumented clients:

• Confidential Intake — We collect only essential personal information. Immigration status is not part of public filings.
• Motions to Protect Privacy — When needed, we petition the court to exclude immigration-related evidence as irrelevant and prejudicial.
• Zero Cooperation with ICE — We do not report or share client information with immigration authorities. Ever.
• Aggressive Legal Strategy — We treat every case as trial-ready, giving us leverage against insurance companies while safeguarding your privacy.
• Fair Contingency Fee — Our firm charges only 25% contingency, not the standard 33%. That means more of your recovery stays with you.

Steps Undocumented Immigrants Should Take After an Accident

1. Get Medical Care Immediately
   Hospitals must treat emergency patients regardless of status. Immediate care also creates medical documentation crucial for your case.

2. Call the Police & Get a Report
   New Jersey law requires crash reporting when injuries or property damage occur. Police do not inquire into immigration status when responding to crashes.

3. Collect Evidence
   Take photos, get witness names, and document everything. This strengthens your claim and prevents disputes later.

4. Avoid Recorded Statements
   Insurance adjusters may pressure you to give a recorded statement. Politely decline until you’ve spoken with a lawyer.

5. Contact Our Office Quickly
   The sooner we begin working, the faster we can protect evidence, secure medical records, and shield your privacy.

Challenges and How We Overcome Them

• Defense argues lower earning capacity due to immigration status. We counter with employment records and expert testimony on earning history.
• Opposing counsel requests immigration documentation. We object and move to bar such evidence as irrelevant.
• Client fears exposure. We emphasize confidentiality protections and privileges available under the law.

Real-World Outcomes

• Minor Injury Case — An undocumented passenger in a rear-end crash recovers $20,000 in settlement. With our 25% fee, they take home $15,000.
• Moderate Injury Case — After fractures and rehab, liability was disputed. Our trial preparation led to a $100,000 settlement. Net to client: $75,000.
• Severe Injury Case — Spinal injury requiring long-term care. We engaged experts and litigated aggressively. Outcome: $800,000+ settlement, with over $600,000 net to client.

These examples illustrate one point clearly: immigration status does not prevent successful outcomes—strong legal advocacy makes the difference.

Final Reassurance

If you or someone you love is undocumented and injured in a New Jersey car accident:

• You can file a claim.
• You will not be reported to ICE or the government.
• You do have the right to justice and compensation.

At The Law Offices of Raffi T. Khorozian P.C., our commitment is simple: we represent you, protect your privacy, and fight for your recovery—without ever exposing your immigration status.

Don’t let fear stop you from seeking justice. Call us today for a confidential consultation and let us fight for your rights.

About Our Firm
The Law Offices of Raffi T. Khorozian P.C. are known as The 25 Percent Lawyers because our contingency fee is only 25%, compared to the standard 33%. This means more of your settlement or verdict stays where it belongs—with you.

Contact us today and take the first step toward justice and recovery.