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About Ask the Expert:

Ask the Expert is a section of Enlace Latino NC where you'll find clear and helpful answers from professionals in various fields, including health, wellness, economics and finance, immigration, and more. Specialists share their knowledge to guide our Latino community and answer the most frequently asked questions we receive.

This article is sponsored content, written by attorney Rosa Antúnez Boatwright of the Law Offices of James Scott Farrin
 

James Scott Farrin Law Offices logo


Car accidents can be terrifying, especially if you have family members in the vehicle, and it can be difficult to know what steps to take to protect their health and rights. When you add uncertainty about your immigration status to the stress and trauma of a car accident, things can become even more confusing.

Don't let your immigration status affect your medical or legal decisions. Regardless of your status, you have the right to seek full compensation for any damages or losses you have suffered due to another driver's negligence. 

These are some of the most common questions from clients in this situation that I encounter as a personal injury attorney. 

Frequently asked questions and answers

1. I don't have health insurance. How can I see a doctor?

If you are injured, you should seek immediate medical attention. There are options for those without health insurance. A hospital emergency room will treat your accident injuries even if you don't have insurance. 

For follow-up care, some healthcare professionals treat patients without charging an upfront fee. This means you don't pay anything upfront for your treatment. If you are the beneficiary of a settlement from the at-fault driver's insurance company, you can reimburse your doctor for that amount. 

2. Will the insurance claims adjuster send me to a doctor?

No, it is your responsibility to obtain medical treatment. The adjuster does not direct you to treatment or work directly with any specific doctor.

Be sure to keep your receipts and document all your treatment to claim full compensation from the responsible insurance company. Most insurance companies make more money by paying you less, and some may be looking for any opportunity to deny your claim. That's why your records and notes will be crucial in trying to prove your case and claim everything you're owed.
 

Don't go into details about your injuries or your treatment.  Simply tell them you're injured and under medical care. Once your injuries have fully healed, you can claim compensation for the full amount of your medical expenses and bills. 

Rosa Antúnez Boatwright , lawyer of the Law Offices of James Scott Farrin

3. My injuries seem minor. Can I wait and see if they disappear?

While your injuries may seem minor, only your doctor can say for sure. Sometimes, untreated injuries worsen or even become permanent. You might not even realize you're hurt at first, with the adrenaline still pumping after the accident.

Seeking immediate medical attention is beneficial to your health and can be crucial in your case. If you don't seek medical attention right away and only later realize you're injured, the insurance company may try to deny you compensation for your injuries and related medical bills. They may argue that if you were truly injured, you would have sought treatment immediately.

4. My car is not drivable. How can I get to the doctor?

While it may be difficult, it is your responsibility to arrange transportation to receive medical treatment. Ask a friend or family member to drive you, or take public transportation if it is available. 

Without medical treatment, your injury could worsen. Furthermore, the insurance company may conclude that you weren't injured in the accident, regardless of the pain you're in, because you waited too long to seek medical help.

Remember:  👀 This is a sponsored article paid for by the Legal Offices of James Scott Farrin. Enlace Latino NC This organization does not offer legal advice or services. The information presented here is for educational purposes only. The opinions expressed are the sole responsibility of their authors.

🧏‍♀️ Send your questions to:  info@enlacelatinonc.org

5. Should I call my insurance company?

Yes. Even if the accident wasn't your fault, you should contact your own insurance company to let them know you were involved in a car accident. You may have coverage available under your existing policy, which you're already paying for and can use without affecting your rates.  

At the same time, you can and should seek compensation for your injuries from the at-fault driver's insurance company. If you own the vehicle involved in the accident, begin by filing a claim with the responsible insurance company only for the damage to your property. 

Rights and duties

6. The adjuster said he needed my Social Security number, but I don't have one. Can I still file a claim?

Yes, if you are injured in a car accident, you have the right to seek compensation, regardless of your citizenship status. If they ask for your Social Security number and you don't have one, tell them you won't receive Medicare or Medicaid if you don't qualify. You may be required to sign a form confirming this. If pressured, you can tell them you don't have a Social Security number once you have reached a settlement agreement. 

7. The adjuster wants a recorded statement. Should I give him one?

Probably not. The insurance company is trying to protect its own interests. You might think there's nothing wrong with telling your story, but liability laws are complex, and one mistake could mean no compensation at all.

For example, the adjuster might start by asking, “How are you?” You might instinctively reply “I’m fine” even if you’ve been injured. Some adjusters might try to use your response against you to prove that you’re not actually as hurt as you claim.

8. I don't speak fluent English. How can I communicate with the adjuster?

Most insurance companies have Spanish-speaking staff, and if not, they have translators available. Request to be contacted by a Spanish-speaking adjuster or translator. You have the right to an explanation in Spanish regarding any potential settlement. It's better to ensure you understand and are understood than to risk a misunderstanding that could negatively impact your case.

If you are undocumented or face a language barrier, don't give up: you still have rights. And the law is on your side. 

Rosa Antúnez Boatwright , lawyer of the Law Offices of James Scott Farrin

The adjuster

9. The insurance adjuster said the other driver doesn't have insurance. What can I do?

There may be other types of coverage available to help cover your losses. For example, you may have coverage under your own insurance policy that you can claim without increasing your rates. 

But just like the at-fault driver's insurance company, your insurance company also protects its own interests. Don't accept anything unless you're sure the agreement includes and reflects all the rights you're entitled to. 

10. The adjuster says he'll pay for everything, so I don't need a lawyer, right?

Do you have it in writing? Do you agree on what “everything” means? If the adjuster tells you they will pay everything upfront, ask yourself: How can the adjuster know what the final bill will be before your injuries have even finished healing? You must decide for yourself whether you need a lawyer for your case. Don't let the adjuster make this decision for you.

Even if the adjuster seems friendly, and even if you're seriously injured, remember that they work for the insurance company. And most insurance companies make more money by paying you less.

Contact

Law Offices of James Scott Farrin/Las Oficinas Legales de James Scott Farrin
Website and live chat:  www.farrin.com
Phone:  800-222-7700
Facebook:  TheLegalOfficesJamesScottFarrin
Learn more  on the Podcast  : Voices of NCAJ Showcases Rosa Antunez Boatwright's Journey to Law


About the lawyer:  Rosa Antúnez Boatwright is a tireless advocate forged by resilience. Born in Honduras, her life changed overnight when Hurricane Mitch devastated her country and her father's business. Rosa worked full-time while earning her bachelor's degree in psychology from the University of North Carolina at Chapel Hill and her law degree from the North Carolina Central University School of Law.

Today, Rosa channels her strength to help accident victims navigate complex legal landscapes. She also empowers her community through leadership roles at International Focus, the Diamante Arts & Cultural Center, the North Carolina Women Lawyers Association, and North Carolina Advocates for Justice.

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After the storm

A year ago, Hurricane Helene struck western North Carolina. The Latino community responded with something stronger than the storm: solidarity. 

🎧 In this episode, learn how Latino organizations transformed crisis into resilience.

▶️Press play to listen!

Youtube video

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Rosa Antúnez Boatwright is a tireless lawyer and advocate marked by resilience. Born in Honduras, her life changed after Hurricane Mitch, which devastated her country and her family's business.

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