What to Do After a Car Accident in San Diego: A Step-by-Step Guide
A car accident can turn an ordinary drive down the I-5, I-8, or I-15 into one of the most stressful moments of your life. In the minutes and days that follow, the steps you take can protect your health, your finances, and your legal rights. This guide walks you through exactly what to do after a car accident in San Diego, from the scene of the crash to the deadlines California law puts on your claim.
If you have already been in a collision and want to know where you stand, the team at Call Big G is here to help. Keep reading for the full breakdown, and reach out anytime for a free consultation.
At the Scene: The First Six Steps
What happens in the first hour matters more than most people realize. Here is what to do right away.
1. Stop and Get to Safety
California law requires you to stop after any accident. If your vehicle is drivable and you are in a live lane on a freeway like the SR-163 or I-805, move it to the shoulder or a nearby exit to avoid a second collision. Turn on your hazard lights. If the car cannot be moved safely, leave it, get yourself and your passengers away from traffic, and wait for help.
2. Check for Injuries and Call 911
Check yourself and everyone involved for injuries. Call 911 for any injury, and do not try to judge how serious something is on your own. Adrenaline can mask pain, and some of the most serious injuries, including concussions and internal bleeding, do not show obvious symptoms right away.
3. Report the Accident to Police
In San Diego, the responding agency is usually the San Diego Police Department on city streets or the California Highway Patrol on the freeways. If an officer responds, ask how to obtain a copy of the report. If no officer comes to the scene, California Vehicle Code section 20008 requires you to report an accident involving injury or death to the police or CHP within 24 hours. A police report is one of the most valuable pieces of evidence in a later claim.
4. Document Everything
Your phone is your best tool at the scene. Take wide shots and close-ups of:
All vehicles involved, from multiple angles, including the damage
License plates and the overall scene
Skid marks, debris, traffic signals, and road conditions
Any visible injuries
The other driver's license, registration, and insurance card
If there are witnesses, get their names and phone numbers before they leave. Independent witnesses can be the difference between a disputed claim and a clear one.
5. Exchange Information
Exchange names, phone numbers, driver's license numbers, license plate numbers, and insurance information with every driver involved. Get the insurance company name and the policy number, not just a photo of the card if you can help it.
6. Say Little, and Never Admit Fault
Be polite, but do not apologize or speculate about what happened. A simple "I'm sorry" at the scene can be twisted into an admission of fault later. Stick to exchanging information and cooperating with police. Let the investigation, not a stressful roadside conversation, determine who was responsible.
In the Days After the Crash
The scene is only the beginning. These next steps protect both your health and your claim.
Get Medical Attention Promptly
See a doctor as soon as possible, even if you feel fine. Prompt treatment protects your health and creates a medical record that ties your injuries to the crash. Gaps in treatment are one of the first things an insurance company will use to argue that you were not really hurt.
File the DMV SR-1 Within 10 Days
This is the step most drivers have never heard of. Under California Vehicle Code section 16000, you must file a form called the SR-1 with the DMV within 10 days if the accident caused any injury, any death, or property damage over $1,000. In today's repair market, even a minor fender bender usually crosses that $1,000 threshold. This filing is separate from a police report and separate from your insurance claim, and missing it can lead to a suspension of your driver's license, even if the crash was not your fault. You can find the current form and filing instructions on the California DMV website.
Notify Your Insurance Company, Carefully
Most policies require you to report an accident promptly, so notify your own insurer. Stick to the basic facts. You are not required to give a recorded statement to the other driver's insurance company, and it is usually wise to speak with an attorney before you do. Adjusters are trained to minimize what the company pays, and an early recorded statement can be used against you.
Keep Everything
Start a simple file. Save medical bills, repair estimates, receipts for anything you paid out of pocket, and a short daily note on how your injuries affect your work and daily life. These records become the backbone of a strong claim.
Know Your Rights Under California Law
Understanding a few key rules helps you see why acting quickly matters.
California Is an At-Fault State
California follows an at-fault system, which means the driver who caused the crash, and that driver's insurance, is responsible for the resulting harm. You generally pursue compensation by filing a claim against the at-fault driver's policy.
You Can Recover Even If You Were Partly at Fault
California uses a rule called pure comparative negligence. If you were partly responsible for the accident, your compensation is reduced by your percentage of fault, but you are not barred from recovering. For example, if you are found 20 percent at fault, you can still recover 80 percent of your damages. Do not assume you have no case just because you think you share some blame.
You Have Two Years to File, but Act Sooner
The statute of limitations for most personal injury claims in California is two years from the date of the accident. Claims against a government entity, such as a crash involving a city or transit vehicle, carry a much shorter deadline of six months to file an administrative claim. Waiting also lets evidence disappear and memories fade, so the sooner you act, the stronger your case.
California's New Insurance Minimums
As of January 1, 2025, California raised its minimum liability insurance limits for the first time since 1967. Drivers are now required to carry at least $30,000 for injury to one person, $60,000 per accident, and $15,000 in property damage coverage. Even with the increase, these minimums often fall short of the cost of a serious injury, which is why uninsured and underinsured motorist coverage on your own policy is so important. If the at-fault driver has little or no insurance, that coverage may be your best source of recovery.
What You May Be Able to Recover
Depending on your case, compensation can include medical bills, future medical care, lost wages, lost earning capacity, property damage, and pain and suffering. In a crash that takes a life, surviving family members may be able to pursue a wrongful death claim for their losses.
When to Call a San Diego Car Accident Lawyer
Not every fender bender requires an attorney. But you should strongly consider speaking with a San Diego car accident lawyer if any of the following apply:
Anyone was injured or killed
Fault is disputed or unclear
The insurance company is delaying, denying, or pushing a fast, lowball settlement
The at-fault driver was uninsured or underinsured
A rideshare vehicle, commercial truck, or government vehicle was involved
An experienced attorney handles the insurers, preserves the evidence, calculates the full value of your losses, and lets you focus on recovering. Most personal injury attorneys, including our team, offer a free consultation and work on a contingency basis, meaning you pay nothing unless we recover for you.
Frequently Asked Questions
How long do I have to file a car accident claim in San Diego? Generally two years from the date of the accident under California's statute of limitations. Claims against a government entity have a much shorter six-month deadline, so it is important to act quickly.
Do I have to report a car accident in California? Yes. You must report an accident involving injury or death to police or CHP within 24 hours, and you must file an SR-1 with the DMV within 10 days if there was any injury, death, or over $1,000 in property damage.
What if the accident was partly my fault? You can still recover. California's pure comparative negligence rule reduces your compensation by your share of fault but does not prevent you from making a claim.
Should I accept the insurance company's first offer? Usually not without advice. Early offers are often far below the full value of a claim, especially before the long-term cost of your injuries is known. It is worth having an attorney review any offer first.
Injured in a San Diego Car Accident? Call Big G.
You do not have to face the insurance companies alone. Our San Diego personal injury team knows how to build strong car accident and wrongful death claims and fight for the full compensation you deserve.
Call Big G today at 310.424.5393 for a free, no-pressure consultation. There is no fee unless we recover for you.
This article is provided for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case is different. For advice about your specific situation, speak with a licensed attorney. This may be considered attorney advertising.