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What if I Was Hit By an Undocumented Driver in California?

Posted on behalf of Arnold Law Firm in
woman in distress over a car crashUnlicensed, uninsured and undocumented drivers cause their fair share of car accidents in California. While you may have heard about legal options for crashes with unlicensed or uninsured drivers, victims of car accidents caused by an undocumented driver may also have some legal options. Below, we discuss the law that allows undocumented drivers to obtain a driver’s license and insurance in case a crash occurs. If you have questions about your legal rights after a crash, call our Sacramento-area auto collision lawyers today. We offer a free and confidential consultation to discuss the facts of your claim. We also do not charge you any upfront fees.

Can Undocumented Immigrants Get a Valid Driver’s License in California?

Yes, in California undocumented immigrants can legally obtain a driver’s license. Governor Jerry Brown signed Assembly Bill 60 (AB 60) into law in 2013. AB 60 required the California Department of Motor Vehicles (DMV) to begin issuing driver’s licenses to undocumented immigrants by January 2015. Every AB 60 driver’s license applicant must:
  • Prove his or her identity
  • Prove residency in the state of California
  • Meet all other licensing requirements, including passing a driving test
An AB 60 driver’s license cannot be used as a federal ID. Therefore, the license is only valid within the state of California. It must also be easily distinguishable from a regular driver’s license. For example, the exclusion of a gold star on the top right of a regular driver’s license that follows the Real ID Act of 2005. However, these driver’s licenses also have the label of “Federal Limits Apply” written on the top right corner and “not valid for official federal purposes” on the back. Other than these two distinguishing features, the AB 60 driver’s license looks just like a regular California driver’s license.

Can People Who Have an AB 60 Driver’s License Obtain Insurance?

Drivers who legally obtain an AB 60 driver’s license may also obtain insurance. In fact, before taking a behind-the-wheel driving test, the person must show proof of motor vehicle insurance for the car he or she is driving. Drivers with an AB 60 license must still meet all the liability insurance requirements under California law. That includes having a minimum of:
  • $15,000 for injury/death to one person
  • $30,000 for injury/death to more than one person
  • $5,000 for damage to property

What if the Undocumented Immigrant is Unlicensed and Uninsured?

Despite the ability for undocumented immigrants to obtain a valid California driver’s license, there are still those who choose to remain unlicensed, uninsured or both. If you are injured in an accident caused by an undocumented immigrant who is neither licensed nor insured, you may still have legal options for recovering compensation. If you have Uninsured/Underinsured Motorist coverage (UIM), you may be able to file a first-party claim. UIM is an optional insurance add-on, so be sure to review your policy with a knowledgeable attorney.

Can Undocumented Immigrants Recover Compensation as Victims of an Accident?

Accident victims who are undocumented also have the right to pursue a personal injury or wrongful death claim against a negligent party. This means that if you are an undocumented immigrant injured in a crash caused by a negligent driver, you may be able to recover compensation for your damages. This includes compensation for medical bills, lost wages, pain and suffering, and more.

Have More Questions? Call Us Today

Because undocumented immigrants can now obtain a valid driver’s license and insurance, there are more legal avenues for recovering compensation if an undocumented immigrant causes an accident. On the other hand, if the victim of an accident is undocumented, he or she is afforded the same rights as a resident or U.S. citizen to pursue compensation for his or her damages. These cases can get complicated, as there is a lot to understand about these laws. Let our knowledgeable attorneys help.

We do not charge any upfront fees. Call 916-777-7777 to learn more.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.