The reality most immigrant crash victims don't know
Every week we hear some version of the same story: an undocumented worker or visa holder is seriously injured by a commercial truck, the medical bills mount, the wages stop, and the person never files a claim because they are afraid that contacting a lawyer or insurance company will result in ICE involvement. This fear is largely unfounded under current law — and the cost to immigrant families who don't claim is enormous.
Michigan's no-fault PIP law provides medical and wage-loss benefits regardless of immigration status. The personal injury claim against the trucking company and driver also does not depend on status. Federal and Michigan courts have repeatedly held that undocumented status does not eliminate the right to recover for negligently-caused injuries. The defense can raise status as relevant to certain damage calculations (lost future wages in some cases), but it is not a defense to the underlying claim.
What we do differently
Haque Legal is one of very few Michigan firms that practices both personal injury and immigration law in the same office. When an immigrant client comes to us with a serious truck case, we don't just file the PI claim — we simultaneously evaluate:
- Immigration status implications of any criminal involvement in the crash.
- Status protection strategies during discovery — protective orders, in camera review, limited disclosure.
- Available immigration relief that may be triggered by the crash itself — U visa eligibility for crime victims, T visa for trafficking victims, VAWA for certain abuse contexts.
- USCIS-readiness — keeping records and case files in a form usable for future immigration applications.
What the law actually says
Michigan no-fault PIP
Michigan's no-fault statute (MCL 500.3105 et seq.) provides PIP benefits to any person injured in a motor vehicle accident in Michigan, with priority rules for which insurer pays. Status is not a condition of payment. The Michigan Catastrophic Claims Association (MCCA) also covers catastrophic injury treatment regardless of status.
Personal injury liability
The right to pursue a tort claim against a negligent truck driver and motor carrier is independent of immigration status. The U.S. Supreme Court's decision in Hoffman Plastic Compounds v. NLRB, 535 U.S. 137 (2002) limited certain remedies for undocumented workers under federal labor law but did not address state tort recovery. State courts, including Michigan, generally allow undocumented plaintiffs to pursue personal injury claims.
Wage-loss calculations
This is the area where status sometimes becomes relevant. Some defendants argue that future wage-loss for an undocumented plaintiff should be calculated based on country-of-origin wages rather than U.S. wages. Michigan courts have been mixed on this issue. We address it through evidence preservation (showing the client's actual U.S. earning history) and legal argument (the immigration status of the plaintiff at the time of the wrongful conduct should not retroactively reduce damages).
Common status concerns and how we address them
"Will my deposition transcript get sent to ICE?"
No. Deposition transcripts are not routinely shared with ICE. We use protective orders to limit who can access discovery materials. The defense cannot use immigration status to harass or chill the plaintiff — courts have rejected this tactic when raised.
"What if the defense asks me about my status at deposition?"
Generally, immigration status is not a proper subject for deposition unless directly relevant to a specific damages issue. We prepare clients carefully for what to expect and we object when status questions go beyond what's legally relevant.
"What if I need to testify at trial?"
Trial testimony is public. We evaluate, well before trial, whether trial is the right strategy for a particular client. The vast majority of trucking cases settle without trial. When trial is necessary, we coordinate with immigration counsel to assess and minimize risk.
"What if I'm afraid to be a plaintiff at all?"
For some clients, a survivor's wrongful death claim or a structured settlement with limited public exposure may be the better path. We evaluate each case individually.
U visa eligibility for crime victims
In some truck crashes — particularly hit-and-run cases, drunk driving cases (drunk truck driver), and cases involving criminal recklessness — the immigrant crash victim may be eligible for a U visa as a victim of qualifying criminal activity. The U visa requires certification from law enforcement that the victim was helpful in the investigation. We evaluate U visa eligibility on every status-sensitive crash case.
Frequently asked questions
Can I recover for injuries from a truck crash if I'm undocumented?
Yes. Michigan's no-fault PIP law provides medical and wage-loss benefits regardless of immigration status. The law does not require status verification to make a claim. For the separate liability claim against the truck driver and trucking company, immigration status is also not a bar to recovery — federal courts and Michigan courts have repeatedly held that undocumented status does not eliminate the right to pursue tort damages. The defense can sometimes raise status as relevant to wage-loss calculations, but this is a narrow issue and there are legal protections against using status to chill litigation.
Will my information be reported to ICE if I file a claim?
Under normal circumstances, no. Civil injury claims are not routinely shared with ICE. Court filings are public records, but the immigration enforcement system does not actively monitor state civil dockets. Our office takes additional precautions: we limit the disclosure of status information in pleadings, we use protective orders where available, and we coordinate with immigration counsel (often within our own firm) to evaluate any risk before each major filing. We've handled many of these cases and we know how to balance recovery with status protection.
What if I was driving without a license?
Driving without a license in Michigan is a misdemeanor under MCL 257.301 but does not by itself prevent recovery for injuries caused by another driver. The defense will likely argue contributory negligence, but Michigan is a modified comparative fault state — even if you are partially at fault, you can still recover (reduced by your percentage of fault) as long as you are less than 51% at fault. Driving without a license, by itself, is rarely the cause of a truck crash, and most courts will not allow the defense to use it as a bar to recovery.
What if I'm a green card holder — does the same advice apply?
The protections are stronger for green card holders, but the immigration consequences of any criminal involvement (DUI, hit-and-run charges, leaving the scene) require careful analysis. We've represented many LPRs in truck cases where there are concurrent criminal or immigration issues. Our combined immigration and personal injury practice means we evaluate both sides of the case simultaneously.
What about DACA recipients?
DACA recipients have specific protections — they can work legally, hold a driver's license in Michigan, and access most benefits. Their no-fault and tort recovery rights are not different from citizens for practical purposes. However, DACA renewal can be affected by criminal involvement, and we coordinate any criminal aspects of the crash carefully (for example, if DACA driver is charged with an offense arising from the crash).
What if my family member died in a truck crash and they were undocumented?
You can still bring a wrongful death claim. Michigan's wrongful death statute (MCL 600.2922) does not condition recovery on the deceased's immigration status. The family members entitled to recovery (spouse, children, parents) can pursue damages regardless of their own status or the deceased's status. We've handled wrongful death cases for immigrant families and know how to protect surviving family members during the process.
Don't let fear cost your family the recovery you deserve.
If you or a family member was hit by a commercial truck and you've been afraid to claim because of immigration status, talk to us. Free consultation. Bilingual. Status-sensitive case handling. We are immigration and personal injury lawyers in the same office.
Call 248-996-9954 En Español