File the insurance claim right away, and if it does not settle, file a civil complaint within 2 years of the crash under West Virginia Code § 55-2-12.

The insurance company will often act like your husband's immigration status makes the claim risky, small, or not worth the hassle. They may hint that giving records, answering questions, and dealing with time off work will lead nowhere. If the crash involved a grain truck or farm equipment on roads south of Charleston, especially on the foggy grades of I-77 toward Princeton, they may also blame "road conditions" and push a fast low offer.

What is actually true: undocumented status does not cancel an injury claim in West Virginia.

If another driver caused the wreck, your husband can still seek payment for ER bills, surgery, follow-up care, lost income, pain, and permanent injury. A ruptured spleen, internal bleeding, or a separated AC joint are the kinds of injuries that can turn a small-looking claim into a significant one because they disrupt work, sleep, lifting, and basic movement for months.

Insurance companies do not get to deny a claim just because someone is undocumented.

They also do not get to demand immigration papers as a condition of paying a normal auto injury claim. They care about fault, medical proof, and damages.

If this happened while he was working, West Virginia workers' compensation is handled through private carriers, not the old state fund. An employer using deportation threats to stop a claim is trying to create fear, not stating the law. You can report insurance and claim-handling problems to the West Virginia Offices of the Insurance Commissioner.

Whether it is "worth it" usually comes down to the injury. For a short ER visit and full recovery, maybe not. For hospitalization, missed work, surgery, or lasting shoulder or abdominal problems, yes, it can absolutely be worth pursuing.