Can I Bring an Injury Claim in Utah Regardless of Immigration Status?

Short answer: Yes. A Utah injury claim turns on what happened, who was at fault, and how much harm it caused, not on your papers. The Utah Constitution promises a legal remedy to "every person" who is injured, and the auto-insurance and comparative-fault laws that decide these cases do not make citizenship or residency a requirement. The part that can get complicated is a claim for lost wages. And one thing to be clear about from the start: our firm handles injury claims, not immigration matters. If you have immigration questions, talk to an immigration attorney.

What Utah law says

The starting point is Article I, Section 11 of the Utah Constitution. It says the courts shall be open and that "every person, for an injury done to the person in his or her person, property, or reputation, shall have remedy by due course of law." The section draws no line based on immigration status.

The rules that actually decide an injury case do not draw one either:

• Fault. Utah divides responsibility among the people involved by percentage of fault, and you can recover from anyone whose fault exceeds yours (Utah Code § 78B-5-818). The question is what each person did, not where they are from.
• PIP. After a crash, personal injury protection covers the named insured, relatives living in the same household, and "any other natural person" who was riding in the insured vehicle with permission, or who was a pedestrian struck in Utah by that vehicle (§ 31A-22-308). The text says nothing about papers. See how PIP works in Utah.
• Deadlines. Most injury claims carry a four-year deadline to file suit, and claims against the government require a notice within one year. The clock runs the same for everyone; see the Utah personal injury statute of limitations.

What the insurance company may ask

An adjuster will ask for what it needs to evaluate the claim: your name, address, and date of birth, how the accident happened, your medical records and bills, and, if you are claiming wages, proof of your work and income.

You will often be asked for a Social Security number too. There is a concrete reason: federal law requires liability, no-fault, and workers' compensation insurers to determine whether a claimant is entitled to Medicare (42 U.S.C. § 1395y(b)(8)). If you do not have a Social Security number, say so through your attorney. Never make up a number or use someone else's; that can wreck a case that would otherwise be a good one.

You do not have to give the other driver's insurer a recorded statement. See whether to give a recorded statement and our guide to talking to the insurance company if English isn't your first language.

If the case turns into a lawsuit

Most claims resolve without a lawsuit. If one has to be filed, the other side can send you written questions to answer under oath and take your deposition in person. Those questions have limits: under Utah Rule of Civil Procedure 26, discovery must be relevant to a claim or defense and proportional to the case. Rule 37 lets a party ask the judge for protection from improper discovery.

At trial, the judge decides what evidence comes in. Utah Rule of Evidence 403 allows a court to exclude evidence when the danger of unfair prejudice substantially outweighs its value. Whether immigration status can come up in a given case depends on the facts and on the judge's ruling; your attorney can object and ask for limits. What never changes: every answer under oath has to be true.

Lost wages: the part that can get complicated

An injury claim can include several kinds of damages. Medical expenses are proven with bills and records; pain, suffering, and what the injury took from your daily life are proven through your medical history and through your own testimony and that of people who know you. See damages in Utah personal injury cases.

Lost wages and lost future earning capacity can raise additional questions for someone without work authorization. We are not going to hand you a simple rule here, because we did not find a Utah statute that resolves the question directly, and the answer can turn on the facts of your case. Talk it through with the attorney handling your claim before any numbers go to the insurer.

On PIP: the statute pays 85% of "loss of gross income," up to $250 a week for a maximum of 52 weeks (§ 31A-22-307), and that text does not mention immigration status. Even so, expect the insurer to ask for proof of income: pay stubs, deposits, a letter from the employer. See recovering lost wages after a Utah accident.

Your privacy, and the role of an immigration attorney

If something about your situation worries you, tell your injury attorney in the first conversation, so the case is prepared with that in mind and there are no surprises later.

Some questions an injury lawyer should not answer: whether filing a claim, attending a hearing, or signing a settlement could affect your immigration situation, or whether any immigration process relates to what happened to you. Those questions belong with a licensed immigration attorney. We are glad to tell you what we know about the injury claim, but we do not give immigration advice.

If an adjuster is asking for your Social Security number, our guide on whether you need a Social Security number to make an injury claim explains why they ask and what your options are.

Common questions

Do I need a Social Security number to make a claim?

The Utah laws cited on this page do not make a Social Security number a requirement to bring a claim. The insurer may ask for one because of the Medicare rules explained above; if you do not have one, your attorney tells the insurer.

Can I make a claim if I was hurt at work?

Yes, but the path is different. Read hurt at work without papers.

What if I was driving without a license?

Not having a license does not, by itself, decide who caused the crash. We explain it in in a crash without a driver license.

Can you help with my immigration case?

No. Our firm handles personal injury claims. For any immigration matter, consult an immigration attorney.

What does it cost to hire an injury lawyer?

Our fee is one-third of the recovery. The firm advances the case costs, which are repaid from the recovery. You pay nothing up front, and no attorney fees unless we win. See what a personal injury lawyer costs in Utah.

Talk with us

An attorney reviews every case at the start, and once you sign, our legal team handles all communication with the insurance companies. Call (801) 921-5134 or send us a message.

Free consultation. No attorney fees unless we win. Hablamos Español.