Learn about the implications of providing access to your immigration records to an insurance company in a personal injury claim.

Should I Provide Access to my Immigration Records to the Insurance Company?

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By Yosi Yahoudai
Founder and Managing Partner

When facing a personal injury claim against an insurer, you must provide various documents, personal information, and evidence. In these cases, you may be required to provide access to your immigration records and status. This is a delicate situation when your status is uncertain, and you have concerns about how that information will be used.

In the following note, we will explain the implications of providing this information and how you can protect your rights without risking your stay in the United States.

Why do Insurance Companies ask for my Immigration Records

First of all, we must understand that insurance companies request these records for several reasons:

  1. Verify the claimant’s identity and ensure the documents presented are consistent and authentic.
  2. Attempt to minimize the payment owed to you for your accident.
  3. It can be a form of intimidation if your situation in the country is not regularized, making you fear going to court and preferring to avoid the legal process and possible consequences.

In these cases, you should know that each state has laws and regulations regarding personal injury claims.

To provide some context, in the United States, 22% of immigrants are undocumented (10.5 million), of which 1.9 million live in California. To protect this community, which constantly suffers rights violations, a law was enacted in 2016 stating that a plaintiff’s immigration status is not admissible evidence in court, and defendants cannot seek discovery of the immigration status of injured plaintiffs in personal injury matters.

Keep in Mind

1. Your immigration status cannot be mentioned in the claim or used against you.

2. There should be no investigation into your status during the process.

3. All financial compensation must be based on your income and expenses related to the injury in the United States, not your country of origin.

Considering this, it is necessary to be completely honest with your attorney so that your team has all possible information about you and your case. However, it would be best not to worry about this information being disclosed, as you are protected by attorney-client confidentiality.

If you feel pressured to reveal such sensitive information, you should know that at J&Y Law, we help personal injury victims achieve their physical and emotional recovery. We will not allow your rights to be violated and will fight hard for fair compensation. Contact us for a free consultation.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.