Act Within 10 Days: California requires filing a SR-1 form with the DMV within 10 days of any accident involving injury, death, or property damage over $1,000 (Vehicle Code §16000). Government vehicle accidents require a tort claim within 6 months.
Step-by-Step Guide
Move to a safe location if possible. Turn on hazard lights. Call 911 immediately if anyone is injured or if damage appears to exceed $1,000. Even if no one seems injured, medical adrenaline can mask injuries — always request police respond and document the scene. A police report is valuable evidence.
Tip: Never admit fault at the scene — not even apologetically. California's comparative fault system means even statements like 'I'm sorry' can be used against you.
Collect: full legal name, address, phone number, driver's license number, license plate number, insurance company name and policy number, and vehicle year/make/model from all drivers. If the at-fault driver refuses, call police and get their plate number.
Tip: Photograph the other driver's insurance card and license rather than writing numbers down — reduces errors.
Take photos and video of: all vehicles from multiple angles, damage to each vehicle, skid marks, traffic signals and signage, road conditions, weather, your injuries, and the overall accident scene. Photos taken immediately are far more valuable than those taken hours later.
Tip: If a traffic or business security camera was present, photograph its location. Your attorney can send a preservation letter — footage is often overwritten within 30 days.
If bystanders witnessed the accident, get their names, phone numbers, and a brief description of what they saw. Witnesses who are not involved parties carry significant weight with insurance adjusters and juries. Independent witness statements corroborating your account are extremely valuable.
Tip: Ask witnesses: 'Did you see what happened?' If yes: 'Would you be willing to share your name and phone number?' Most people will cooperate immediately after an accident.
Go to an emergency room, urgent care, or your doctor even if you feel fine. Whiplash, soft tissue injuries, and mild TBI commonly present 24–72 hours after an accident, not immediately. A gap in medical treatment after an accident is used by insurance companies to argue you weren't seriously injured.
Tip: Tell the treating provider exactly how the accident happened and every part of your body that hurts — even minor discomfort. These initial medical records become the foundation of your injury claim.
File California's Report of Traffic Accident Occurring in California (SR-1) with the DMV within 10 days if injury, death, or damage over $1,000 occurred. Notify your own insurance company of the accident. You are required to cooperate with your own insurer — but you are NOT required to give a recorded statement to the other driver's insurance company.
Tip: Never give a recorded statement to the at-fault driver's insurance adjuster without first consulting a San Diego personal injury attorney. These statements are used to limit your settlement.
If you retain an attorney, they will immediately send preservation letters to: the other driver's insurance company (preserve all communications), businesses near the accident (preserve surveillance footage), and if a commercial vehicle was involved, the trucking company (preserve black box / ELD data). Electronic data and footage are routinely destroyed after 30–90 days.
Tip: This is one of the first and most important things a San Diego personal injury attorney will do — preservation letters have strict timelines.
Keep records of: all medical bills and receipts, missed work (pay stubs showing lost wages), prescription costs, mileage to medical appointments, and any modifications to your home or vehicle required by your injuries. Follow your doctor's treatment plan — gaps or non-compliance are used to argue your injuries weren't serious.
Tip: Keep a daily injury journal documenting your pain levels, limitations on activities, sleep disruption, and emotional impact. This contemporaneous record is powerful evidence of non-economic damages.
Frequently Asked Questions
How long do I have to file a car accident lawsuit in California?
Under CCP §335.1, you have 2 years from the date of injury to file a personal injury lawsuit. For property damage only, the deadline is 3 years. If a government vehicle was involved, you must file a Government Tort Claim with the responsible agency within 6 months of the accident under Government Code §911.2. These deadlines are strictly enforced — missing them permanently bars your claim. Contact a San Diego car accident attorney well before the deadline.
What if the other driver doesn't have insurance in San Diego?
About 15% of California drivers are uninsured. If hit by an uninsured driver, you can: (1) file under your own Uninsured Motorist (UM) coverage if you have it; (2) pursue a judgment against the driver personally (often uncollectable); or (3) if a rental or commercial vehicle was involved, look for additional coverage. An attorney can identify all potential sources of recovery. Always carry UM/UIM coverage — it's relatively inexpensive and critical protection.
Do I need to call the police for a minor fender-bender in San Diego?
California law doesn't require police for minor accidents under $1,000 with no injuries, but a police report provides valuable documentation. If police don't respond, file a self-report with the San Diego Police Department online at sandiego.gov/police. Always file the SR-1 DMV form within 10 days if any injury occurred or damage exceeds $1,000. Without a police report, your case relies solely on your documentation and witnesses.
Can I still recover compensation if I was partially at fault for the San Diego accident?
Yes. California follows pure comparative fault (Li v. Yellow Cab Co.) — you can recover damages even if you were 99% at fault, reduced by your percentage. However, insurance companies aggressively inflate your assigned fault percentage to reduce their payment. A San Diego car accident attorney can counter their fault arguments with evidence, accident reconstruction, and legal knowledge of California comparative fault standards.
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