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Can someone illegally in this country sue for auto damages?

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dmarkdavis_2

Junior Member
What is the name of your state? Texas

Hey All,

I had a very minor bump into a shopping cart at the local Wal-mart yesterday as the lady came out the door and into the middle of the street and it hit the corner of her buggy as she turned it towards. I was going slow, and in fact the 30 year old ladies cart I bumped was traveling at least twice as fast as I was driving in my Jeep. Anyway, it knocked her down. Her husband told her not to get up when she was getting back to her feet again. They had to call an ambulance because she did not get up (thanks to her husbands advice). Anyway, they spoke no English, and had no form of any ID on them, and when the police asked the husband if he could look them up by address and name, he had to go check on his wife and did not give an address. The wife who was pushing the buggy had a plain facial expression, eyes open, no sounds coming from her, no blood, or even a scrape at that after the event. I went to the hospital to check on her, and come to find out that she had come to the US illegally, and had made no attempt to become legal.

My question is, can she sue me for this since she is here illegally? What do I do when the lawyers begin to call? I feel bad, but also know that if it were me, I would not have had to call an ambulance and would have gotten back up if I would of had my buggy hit by a Jeep traveling about 1 mph tops! She could have gotten back up, because she was almost up until her hubby told her not too.

Please help here. If you need more info, let me know.What is the name of your state?
 


quincy

Senior Member
Illegal aliens can sue, and have sued - over wages, on-the-job injuries, wrongful termination, and constitutional rights violations. They also face deportation in the process.
 

Ozark_Sophist

Senior Member
Yes, she could sue.

Notify your insurance company. Do not talk with pedestrian's attorney or agent. If you get a phone call, refer them to your insurance company.

Let you insurance company handle the situation. Let them know the circumstances (status is not relevant). It sounds highly suspicious. Wal-Mart lots are under video surveillance. Your insurance company may be able to obtain the video to gauge if it was a set-up.

Still, as the driver of the motor vehicle, it is your responsibility. You pay for insurance. Let them do their job.
 

jcj

Junior Member
I agree with you bro let the insurance company do their part, and if they sue you 80% you gonna win! On the first place they were illegal here!
 

Betty

Senior Member
Agree - even though she is not here legally will not make any difference on the court's decision if she decides to sue. However, your ins. co. should be able to handle this since there doesn't seem to be any major injuries/damages to sue for.
 

jcj

Junior Member
The fact that they may not be in the country legally is COMPLETELY irrelevant to the case.
You have a point, but I think its just like an accident between two vehicle the one is registered and the other is unregistered. Even if its your fault as long as the car you hit is not registered
its the other driver's fault!
 

ecmst12

Senior Member
You are full of crap. If you don't know what you're talking about, then don't post. That is 100% wrong.

None of the following have any bearing on the fault determination:
  • Whether the driver had a license
  • Whether the driver's license was suspended
  • Whether the driver is in the country legally
  • Whether the car was registered
  • Whether the car was insured (in most states)

The ONLY thing that matters is which driver exhibited the greatest negligence.
 

dmarkdavis_2

Junior Member
I had one other question on my main post. Would the fact of the person I hit being in violation of the immigration laws before the incident, at the time of the incident, AND as long as she remains undocumented limit my liability, if not erase it under the principle of "Ex turpi causa non oritur actio"? Also, is there any possibility of the defense of contributory negligence, due she was moving faster than me with the buggy? I am in the process of getting the cameras from Wal-mart to see if it caught the husband pointing her to the ground as she was getting up. Plus, I got her medical report from the ER, no injuries found what so ever, but she demanded xray's according to a friend of hers that called from another state on the incident to get the insurance phone number. I can't figure out why someone from Northern Ark. called me in South East Texas to file the claim for someone who lives about 5 miles from my house(in TX).
 

ecmst12

Senior Member
I had one other question on my main post. Would the fact of the person I hit being in violation of the immigration laws before the incident, at the time of the incident, AND as long as she remains undocumented limit my liability, if not erase it under the principle of "Ex turpi causa non oritur actio"?
We already told you NO.

Also, is there any possibility of the defense of contributory negligence, due she was moving faster than me with the buggy?
No. In a parking lot situation, drivers are required to yield to pedestrians. Unless she purposely ran her cart into your car (which you don't claim to be the case), you're at fault.

Let your insurance company handle the claim.
 

barry1817

Senior Member
accident and off the topic

I think that the illegal aspect of this situation is what is bothering you a great deal more than the minor mishap, and in states such as Texas and Ca. when people state that illegal immigrants don't create problems but are a benefit to this country, one just has to wonder if that statement is true, or just a platitude.

Hospitals closings, schools over crowded, legal system being taxed by both criminal and civil suits, and a host of other problems.

Just amazing.


You have insurance, let them handle it and get a good night's sleep.
 

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