What to do after a car crash in San Diego
The first hour sets up everything after it. Do these things in order, as far as you safely can.
- Get safe and call 911 if anyone is hurt. On a freeway, stay in the car with your seat belt on if you cannot get off the road.
- Swap details. Names, phone numbers, driver’s license, insurance and plate numbers for every driver. Ask witnesses for a name and number.
- Take photos. The cars, the road, signals and signs, and your injuries.
- Get checked the same day. Soreness and headaches often start hours later. A same-day visit links the injury to the crash.
- Note who came. Write down the agency and the officer’s name. You need them to request the report.
California deadlines and the fault rule
California gives you two years from the crash to file a personal injury lawsuit. A claim for damage to your car gets three years. If you miss the two-year date, the injury claim is almost always lost. Code Civ. Proc. §§ 335.1, 338
A claim against a public agency has a much shorter clock. If a city vehicle, a county road, Caltrans or an MTS bus or trolley is part of your crash, a written claim is due within six months. Many people miss this date. Gov. Code § 911.2
California uses pure comparative fault. If you were 20 percent to blame, your damages go down by 20 percent. There is no cutoff, so a driver who was partly at fault can still recover a share. Li v. Yellow Cab Co. (1975)
Two reports have their own short dates. If someone was hurt and no officer took a report, the driver must report the crash to the CHP or the police within 24 hours. The SR-1 goes to the DMV within 10 days. Veh. Code §§ 20008, 16000
How to choose a car accident lawyer in San Diego
An ad tells you little about a lawyer. These checks tell you more, and each one takes a few minutes.
- Look up the license. Search the name in the State Bar of California attorney search. It shows whether the license is active and any public discipline.
- Read the fee agreement. California requires a contingency fee agreement in writing, signed by you and the lawyer. It must state the percentage and how costs come out of a recovery.
- Ask who does the work. Find out which attorney handles your file each day, and whether they have filed injury cases in San Diego Superior Court.
- Ask about the six-month claim. If a public road, a city truck or a transit vehicle could be involved, the first meeting should end with that date written down.
- Ask about your own policy. Your uninsured motorist and medical payments coverage can matter as much as the other driver’s policy.
What the free case review covers
The review asks four things: when the crash happened, whether another driver caused or added to it, whether you have pain or injury symptoms, and whether you already signed with a lawyer. Then it asks for a name and phone number.
It is made for crashes in the last six months where you report pain or injury and have not signed with a lawyer. If an answer does not fit, the form tells you at that step and points you to a useful next step. The questions do not calculate what a claim is worth.
Insurance after a San Diego County crash
California is an at-fault state, so an injury claim usually goes against the other driver’s liability policy. For policies issued or renewed from January 1, 2025, the legal minimum is $30,000 per injured person, $60,000 per crash and $15,000 for property damage.
Proposition 213 limits claims by some drivers. If you owned or drove an uninsured car in the crash, or you were convicted of driving under the influence, you usually cannot recover pain and suffering. You can still recover medical bills and lost pay.
The other insurer may call soon and ask to record your account. Give the basic facts, and wait on a recorded statement until you know how badly you are hurt. Do not sign a release of all claims before your treatment is done.
If the other driver had no insurance, or only the minimum, your own uninsured motorist coverage may be what pays.
San Diego car crash questions
Is the case review free?
Yes. The first case review is free, and you do not have to hire an attorney.
What should I do after a car accident in San Diego?
Move to a safe place and call 911 if anyone is hurt. Exchange names, license, insurance and plate numbers, take photos and get medical care the same day if you have pain. If someone was hurt and no officer took a report, report the crash to the CHP or the police within 24 hours. File an SR-1 with the DMV within 10 days if anyone was hurt or damage is over $1,000.
How do I get a San Diego police report for a car accident?
For a crash on a City of San Diego street, request the report from the San Diego Police Department online through eCrash, by mail or at 1401 Broadway. It costs $12 and is usually ready in 3 to 10 business days. For a freeway crash, ask the CHP. A report of 1 to 25 pages costs $10.
How long do I have to sue after a car accident in California?
Two years from the crash for an injury claim and three years for damage to your car. If a city, the county, Caltrans or a transit agency is involved, a written claim is due within six months.
What if I was partly at fault?
Pick “Not sure” on the fault question if you do not know. California uses pure comparative fault, so your award goes down by your share of the blame, but a share of fault alone does not stop a claim.
Does finishing the review mean my case is accepted?
No. The four questions check the first criteria. An attorney must look at the full details before taking a case.
