Updated September 2026 · Manuel Diaz Law Firm, PC
Short answer: Yes, you can file an injury claim after a car or truck accident in Texas even if you do not have legal immigration status. A personal injury claim is about who caused the crash and what it cost you, not about your papers. Texas courts have held that citizenship and work authorization are not requirements for recovering damages for lost earning capacity. The insurance company does not need your immigration status to pay a claim, and you should never answer questions about it without a lawyer. The claim generally has to be filed within two years.
Key points
- Immigration status does not decide who caused a crash, and it is not a requirement to make an injury claim in Texas.
- Not having a driver’s license or insurance does not, by itself, take away your right to be compensated if the other driver was at fault.
- Crashes with 18-wheelers and company vehicles usually involve much larger insurance policies than ordinary car crashes.
- Evidence disappears quickly, especially the electronic data from commercial trucks.
- Texas generally allows two years from the date of the crash to file a lawsuit.
After a crash, most injured people worry about their body, their job and their bills. Many of the families we represent carry one more worry that keeps them from calling anyone: that asking for help will put them in front of immigration. So they pay the hospital out of pocket, go back to work hurt, and accept whatever the insurance adjuster offers, if the adjuster offers anything at all.
That fear is real, and it deserves a real answer rather than a slogan. This article explains what the law actually says, what the insurance company can and cannot do, and why the injured person is usually in a stronger position than they think.
Can an undocumented person file an accident claim in Texas?
Yes. In Texas, an injury claim rests on negligence: someone had a duty to drive safely, they failed, and that failure hurt you. None of those questions depend on where you were born or what documents you have. The same rules that protect a citizen who is rear-ended on I-35 protect a worker without papers who is rear-ended on the same highway.
On money for lost work, attorney Manuel Diaz has explained the point many times: Texas courts have held that citizenship and work authorization are not prerequisites to recovering damages for lost earning capacity. What your work was worth, and what the injury took away, is proved the same way it would be for anyone else.
Will the insurance company or the court report me to immigration?
Insurance companies are in the business of paying as little as possible, not enforcing immigration law. They do not need your immigration status to evaluate or pay a claim. An adjuster who asks about your papers is usually looking for leverage to push you into a small settlement, and you do not have to answer. Let your lawyer handle every conversation with the other side’s insurer.
If a case goes to court, the question of whether the other side can bring up immigration status is narrow. Texas judges often keep it out when it has nothing to do with how the crash happened, and your lawyer can ask the court to exclude it before trial. What matters is having someone who plans for that question from the start, instead of discovering it at a deposition.
Attorney Manuel Diaz put the underlying idea to the Mexico City daily La Crónica de Hoy:
“Estamos buscando ese balance y para obtenerlo, tenemos que ser vocales, tenemos que pelear, tenemos que defendernos.”
We are looking for that balance, and to get it, we have to be vocal, we have to fight, we have to defend ourselves.
The full interview is on our site.
What if I was driving without a license or without insurance?
This is the question we hear most, and the answer surprises people. In Texas, the injury claim turns on who caused the crash. If the other driver ran a red light, drifted out of the lane or slammed into you from behind, the fact that you did not have a license usually has nothing to do with how the crash happened. It may create a separate ticket, but it does not erase the other driver’s responsibility.
Insurance is similar. If you did not have your own auto policy, you can still make a claim against the at-fault driver’s liability insurance. What you lose is the coverage you would have bought for yourself, such as personal injury protection (PIP) or uninsured motorist coverage. If you were a passenger, the vehicle you were riding in may have coverage that protects you.
Texas uses a proportionate responsibility system under Chapter 33 of the Civil Practice and Remedies Code. If you share some of the blame, your recovery can be reduced by your percentage, and it is barred only if you are found more than 50 percent responsible. Adjusters routinely try to shift blame onto the injured person, and that is one more reason not to give a recorded statement alone.
Why crashes with 18-wheelers and company vehicles are different
A large share of the most serious crashes in Dallas, Fort Worth and San Antonio involve commercial vehicles: 18-wheelers on I-35 and I-20, delivery vans, dump trucks at construction sites, and pickups driven for a company. These cases are different from an ordinary car crash in three ways.
There is usually more insurance. Federal rules under 49 CFR § 387.9 require interstate carriers hauling general freight to carry at least $750,000 in liability coverage, and more for hazardous materials. An ordinary Texas driver only needs $30,000 per person. In a serious injury case, that difference decides whether the family’s future care can actually be paid for.
There are more people responsible. Besides the driver, the claim can reach the trucking company, the company that loaded the cargo, the owner of the trailer, a maintenance shop, or the business that hired the driver. When the driver was working, the employer is usually responsible for what happened on the job.
The evidence disappears fast. Commercial trucks record speed, braking and hours of service electronically, and many have dash cameras. Carriers are not required to keep all of that forever. A lawyer can send a preservation letter within days that obligates the company to keep it. Our page on trucking accidents explains how that evidence is used.
| Type of crash | Who may be responsible | Typical minimum insurance |
|---|---|---|
| Car vs. car (private drivers) | The at-fault driver and, sometimes, the vehicle owner | $30,000 per person / $60,000 per crash (Texas minimum) |
| Company pickup or van | The driver and the employer | Company commercial auto policy, usually higher than the state minimum |
| 18-wheeler (interstate general freight) | Driver, carrier, cargo loader, trailer owner, maintenance shop | $750,000 federal minimum |
| Hazardous materials truck | Driver, carrier and shipper | $1,000,000 to $5,000,000 federal minimum, depending on the cargo |
What to do in the first days after the crash
- Get medical care, and keep going. Emergency rooms must treat you regardless of immigration status or ability to pay. Gaps in treatment are the first thing an insurer uses to argue you were not really hurt.
- Get the crash report. Texas police file a report on form CR-3, which can be requested through TxDOT’s crash report system. It lists the other driver, the insurance and the officer’s observations.
- Take pictures of the vehicles, the road, your injuries and any company name or DOT number on a truck.
- Keep every bill and receipt, including pharmacy, transportation and child care you needed because of the injury.
- Write down your lost work, even if you were paid in cash. Pay stubs, bank deposits, messages with a supervisor and statements from coworkers can all prove what you earned.
- Do not sign anything or give a recorded statement to the other side’s insurer before you talk to a lawyer.
- Do not post about the crash on social media.
What can I recover?
Texas law allows an injured person to recover for medical bills, past and future; lost wages and lost earning capacity; physical pain and mental anguish; physical impairment and disfigurement; and property damage. When a crash causes a permanent injury, the case is built around what the coming decades will cost, which we explain in our article on catastrophic injuries in Texas. When a crash takes a life, the family’s claim follows different rules, covered in our article on wrongful death and survival claims.
For many of the families we represent, part of the loss sits in another country. If the injured person was sending money home to relatives in Mexico, Central America or South America, that support is part of what the crash took away, and it can be documented through remittance records rather than assumed.
How long do I have to file?
Texas generally allows two years from the date of the crash to file a personal injury lawsuit, under Section 16.003 of the Civil Practice and Remedies Code. Claims against a city, county or state agency can require written notice much sooner, sometimes within six months or less. Two years sounds like a long time, but in a truck case the most important evidence can be lost in weeks.
Frequently asked questions
Can I sue after a car accident in Texas if I am undocumented?
Yes. A personal injury claim in Texas depends on who caused the crash and the harm it caused, not on immigration status. Undocumented people can file claims and lawsuits and can recover compensation like anyone else.
Will filing an accident claim get me deported?
Filing an injury claim does not start an immigration case, and insurance companies do not need your immigration status to pay a claim. You should not discuss your status with the insurer. A lawyer can handle all communication and ask the court to keep irrelevant questions about status out of the case.
Can I get lost wages if I was paid in cash or do not have a work permit?
Texas courts have held that citizenship and work authorization are not prerequisites to recovering damages for lost earning capacity. Earnings paid in cash can be proved with bank deposits, messages, employer records and testimony from coworkers.
I did not have a driver’s license. Can I still make a claim?
Usually, yes. If the other driver caused the crash, the lack of a license generally does not erase their responsibility. It may lead to a separate ticket, but the injury claim is about how the crash happened.
How much insurance does an 18-wheeler have?
Federal rules require interstate trucking companies hauling general freight to carry at least $750,000 in liability insurance, and up to $5 million for some hazardous materials. Many carriers carry more.
How long do I have to file a car accident claim in Texas?
Generally two years from the date of the crash. Claims involving a government vehicle can require formal notice much sooner, so it is important to talk to a lawyer early.
Contact Our Car and Truck Accident Lawyers Today
You should not have to choose between your health and your peace of mind. At Manuel Diaz Law Firm, PC, we handle car and truck accident cases for injured people regardless of immigration status, we speak with you and your family in Spanish, and we deal with the insurance company so you do not have to. Manuel Diaz was born in Mexico City and has spent his career representing Spanish-speaking families in Texas courts. You can read more about our car accident practice, our trucking accident practice or our full personal injury practice.
There is no fee unless we win your case. Please call (855) 900-3429 today for a free case evaluation with our accident lawyers. Manuel Diaz Law Firm, PC serves clients throughout Texas, including Dallas, Fort Worth, San Antonio, Denton, Mesquite, and other nearby areas.
Zealously Serving Clients Throughout Texas
Manuel Diaz Law Firm, PC represents injured people from offices in Dallas, Fort Worth, Denton, Mesquite and San Antonio. Hablamos español, and we have since the firm opened. You can reach us through our contact page or meet our attorneys here.
This article is general information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. Every case turns on its own facts.
