Car accidents don’t discriminate, and neither should justice. Understanding car accident compensation for non-citizens in South Carolina is crucial. For many non-citizens living, working, or visiting South Carolina, the question often arises: Can I file a car accident claim even if I’m not a U.S. citizen?
The answer is yes , non-citizens absolutely have the right to seek compensation after a crash caused by someone else’s negligence. But immigration status can complicate how accident claims are handled, what evidence is required, and how types of damages are calculated.
In this blog, we’ll explore how South Carolina law protects accident victims, what steps should be taken after a motor vehicle accident, and how a personal injury attorney can help you pursue fair compensation.
Understanding Legal Rights for Non-Citizens in South Carolina
South Carolina law does not limit the ability to file personal injury claims based on citizenship status. Whether you’re a permanent resident, visa holder, international student, undocumented person, or tourist, you still have legal standing to file a claim for compensation based on injuries.
The U.S. Constitution and South Carolina Car Accident law both protect individuals regardless of citizen status. Courts in South Carolina have consistently upheld the rights of non-citizens to bring accident lawsuits , including auto accident claims.
Key Legal Protections for Non-Citizens:
- You can file personal injury lawsuits.
- You can receive compensation for medical expenses, property damage, loss of enjoyment, and emotional distress.
- Your immigration status cannot be used as a reason to deny you compensation.
Common Concerns Non-Citizens Face After an Accident
Despite having the right to file a claim, many non-citizens hesitate to pursue accident compensation due to fears or misunderstandings. Common concerns include:
1. Fear of Deportation
Undocumented persons often worry that pursuing accident injury claims will lead to deportation. In reality, accident claims are civil matters, and your immigration status is not relevant to the legal process.
2. Language Barriers
Miscommunication can impact your ability to describe accident situations, negotiate a fair settlement, and present evidence. Support from personal injury lawyers familiar with these challenges is critical.
3. Unfamiliarity With the Law
Understanding accident laws and procedures can be tough, especially when dealing with auto insurance coverage, underinsured motorist coverage, or bodily injury claims. Guidance from experienced attorneys helps avoid mistakes.
What Compensation Can a Non-Citizen Receive?
South Carolina allows all accident victims, regardless of citizen status, to pursue both economic damages and non-economic damages.
Economic Damages:
- medical bills and hospital bills
- property damage
- financial losses and loss of future income
- cost of healthcare and medical treatment
Non-Economic Damages:
- emotional distress, mental anguish, and loss of enjoyment
- diminishment of life quality
- traumatic experiences
- punitive damages in cases of gross negligence
Example: A tourist suffers severe injuries in a motor vehicle collision in Charleston. Despite having no auto insurance policy in the U.S., they may still pursue an insurance claim for compensatory damages.
Do You Need a Social Security Number to File a Claim?
No. You do not need a Social Security Number to pursue personal injury claims. You may use an ITIN, passport, or visa. Your citizenship status does not affect your right to file a claim.
Can Immigration Status Affect the Amount of Compensation?
Not directly. However, accident settlements involving lost income or daily activities may be harder to document if you are undocumented or working off the books. Still, with proper documentation , like bank statements , your financial burden can be calculated and added to your claim for damages.
Steps Non-Citizens Should Take After a Car Accident
1. Contact law enforcement
Report the auto accident. A police report supports your accident claim.
2. Get Medical Treatment
Even if symptoms are minor, always get medical help. Delaying care can raise questions about causation of losses and reduce your claim for compensation based on medical costs.
3. Avoid Speaking With Insurers Alone
Insurers may exploit confusion about insurance coverage, liability coverage, or your immigration status. Let your personal injury attorney handle them.
4. Document the Crash
Gather photos, contact info, and damage estimates. Proof of physical damage and actual losses helps justify compensation.
Filing a Personal Injury Lawsuit
South Carolina’s statute of limitations is three years for personal injury lawsuits. If you miss this deadline, even strong accident claims may be barred.
Also, be aware of comparative negligence rules. If you are found partially responsible, your financial compensation may be reduced. South Carolina follows the comparative negligence rule, meaning you can still recover damages if you are less than 51% at fault.
Can You Be Deported for Filing a Claim?
No. Filing personal injury claims has no impact on immigration status. Courts don’t report claimants to immigration enforcement. Reputable law firms protect your information and focus on your legal advice and rights.
Why Legal Help Matters for Non-Citizens
Many non-citizens delay their accident claims because they think their citizen status disqualifies them. But that’s not true. In reality, the right law firm can fight to recover the maximum compensation available through insurance policies and litigation.
You don’t need to face disputes over fault, accident, lack insurance, or pocket expenses alone. Whether the fault driver carried underinsured motorists coverage or not, you deserve justice.
Final Thoughts
Whether you’re a visitor in Myrtle Beach or a worker in Charleston, if you’ve been injured in an auto accident, you have the right to pursue accident compensation.
Don’t let your immigration status stop you from filing accident claims. The law supports your right to recover types of compensation for accident injuries, financial losses, and the loss of companionship that can follow from serious accidents.
About Ted Law Firm
Ted Law Firm serves injury victims across Charleston, Myrtle Beach, Columbia, and beyond.
We help those involved in auto accidents, truck crashes, construction accidents, and motorcycle collisions. Our goal is simple: support accident victims regardless of their citizen status. We proudly serve injury victims in Aiken, Anderson, Charleston, Columbia, Greenville, Myrtle Beach, North Augusta and Orangeburg. If you’ve been injured due to someone else’s reckless or criminal behavior, our experienced attorneys are here to help you seek justice and recover the compensation you deserve. Contact us today for a free consultation.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
