What to Do After a Car Accident in San Diego

The minutes and days after a car accident can affect both your health and your ability to prove what happened.

Important evidence can disappear quickly. Vehicles are repaired. Surveillance video is overwritten. Witnesses become harder to locate. At the same time, California law imposes reporting requirements and deadlines that can affect an injury claim.

If you are seriously injured, focus first on getting appropriate medical care. Then, when circumstances allow, preserve the evidence, make the required reports, notify the appropriate insurance companies, and avoid making decisions about your claim before you understand the extent of your injuries.

This guide explains what to do after a car accident in San Diego and why each step matters.

1. Get to Safety and Call 911

Your first priority after a collision is safety.

If anyone may be injured, call 911. Tell the dispatcher where the crash occurred, how many vehicles are involved, whether anyone appears injured, and whether there are additional dangers such as fire, leaking fuel, or vehicles blocking traffic.

Follow the instructions of the dispatcher and emergency personnel.

If your vehicle can be moved safely and remaining where it stopped creates a traffic hazard, move out of active travel lanes when appropriate. Do not put yourself at additional risk trying to photograph vehicles or preserve evidence in moving traffic.

California law also imposes duties on drivers involved in injury collisions.

Under Vehicle Code § 20001, a driver involved in a collision resulting in injury or death must stop at the scene.

Vehicle Code § 20003 requires drivers involved in injury collisions to provide identifying information and render reasonable assistance to injured people, including arranging transportation for medical treatment when necessary.

Do not leave an injury collision before fulfilling these obligations.

2. Exchange Information With the Other Driver

Obtain enough information to identify the driver, vehicle, owner, and insurance coverage.

Depending on the circumstances, collect:

• Driver's name and address
• Driver's license information
• Vehicle license plate
• Vehicle registration
• Name of the registered owner if different from the driver
• Insurance company
• Policy number
• Contact information

California Vehicle Code § 16025 separately requires drivers involved in a collision to exchange specified identifying and insurance information.

Photograph the driver's license, insurance card, license plate, and vehicle registration if the other driver agrees.

If the driver refuses to cooperate, appears impaired, becomes aggressive, or attempts to leave, do not physically confront or block the person. Call 911 and document the vehicle, license plate, and direction of travel if you can safely do so.

Find Out Whether the Driver Was Working

If the other driver appears to be working, obtain the employer's name.

This can be important when the crash involves:

• Delivery vehicles
• Company cars
• Commercial trucks
• Construction vehicles
• Rideshare drivers
• Drivers making work-related trips

The driver may not be the only person or company legally responsible for the collision.

3. Photograph More Than Just the Vehicle Damage

Photographs taken immediately after a collision can preserve evidence that may not exist later.

If it is safe, photograph:

• All involved vehicles
• Damage from several angles
• Final vehicle positions
• Skid or tire marks
• Debris and broken vehicle parts
• Traffic signals
• Stop signs
• Lane markings
• Intersections and approaches
• Sight obstructions
• Construction
• Potholes or roadway defects
• Weather and lighting conditions
• Visible injuries

Also take photographs from the perspective of each driver.

For example, if another driver turned left across your path, photograph what that driver could see while approaching and entering the intersection.

If a driver claims, "I never saw the other car," the important question may be whether a reasonably careful driver should have seen it.

California juries are instructed under CACI No. 700, Basic Standard of Care that drivers must use reasonable care, keep a lookout for other vehicles and obstacles, and control the speed and movement of their vehicles.

Photographs of the driver's actual view can therefore become important evidence of negligence.

4. Identify Witnesses and Video

Do not assume the police will identify every witness.

Get names, telephone numbers, and email addresses of anyone who saw the collision or the events immediately before it.

Also look around for cameras.

Potential sources include:

• Business surveillance systems
• Residential security cameras
• Doorbell cameras
• Dashcams
• Transit vehicles
• Construction cameras
• Traffic-management cameras

Video can disappear quickly because many systems automatically overwrite older recordings.

If the collision caused a serious injury, identifying possible video should be an early priority so appropriate preservation requests can be sent before the footage is lost.

5. Be Careful About What You Say at the Scene

Cooperate with law enforcement and provide accurate information.

But avoid guessing.

If you do not know your speed, distance, or exactly how many seconds passed before the collision, do not invent an estimate because you feel pressured to provide one.

Likewise, avoid making statements such as:

• "It was my fault."
• "I didn't see him."
• "I'm fine."
• "I should have stopped sooner."

People are often shaken immediately after a crash and may not yet understand what happened or whether they are injured.

Stick to what you actually know.

If the other driver makes an important statement, such as admitting to looking at a phone, running a light, or failing to see your vehicle, make a note of the exact words as soon as possible.

6. Report an Injury Collision to Law Enforcement

California law contains a separate reporting requirement for collisions involving injury or death.

Under Vehicle Code § 20008, the driver of a vehicle involved in an injury or fatal collision generally must make or cause to be made a written report within 24 hours to the California Highway Patrol or, for a collision within a city, to the CHP or the city's police department.

In San Diego, the investigating agency depends on where the crash occurred. The San Diego Police Department handles many collisions on city streets, while CHP generally handles freeways and state highways.

If you call 911, dispatch will direct the incident to the appropriate agency.

Get the Traffic Collision Report

If law enforcement investigates the crash, obtain the report once it becomes available.

The report may contain:

• Driver and witness information
• Statements
• Vehicle information
• A collision diagram
• Scene observations
• Possible traffic violations

A police report can be an important investigative document, but it does not necessarily establish civil liability.

Officers may not witness the crash themselves. Witnesses may provide conflicting accounts. Video or electronic evidence may later change the factual picture.

For more detail about how responsibility is actually established, see our guide to how fault is determined after a car accident.

7. Get Appropriate Medical Care

If you are injured or develop concerning symptoms after a collision, seek appropriate medical evaluation.

Some injuries are immediately obvious. Others become clearer over time.

Serious car accident injuries can include:

• Traumatic brain injuries
• Spinal injuries
• Fractures
• Internal injuries
• Shoulder and knee injuries
• Nerve injuries
• Soft-tissue injuries

Be accurate and complete when describing your symptoms and how they developed.

Follow reasonable treatment recommendations and keep your medical providers informed about changes in your condition.

Our guide to common injuries after car accidents discusses these injuries in more detail.

Why Medical Documentation Matters to a Personal Injury Case

Medical treatment is primarily about your health, but medical records also become evidence.

A personal injury claim requires proof that the collision caused the injuries for which compensation is sought.

California juries analyze causation under CACI No. 430, Causation: Substantial Factor. The defendant's conduct must have been more than a remote or trivial contribution to the harm, although it does not have to be the only cause.

This becomes especially important when someone has a preexisting condition, prior injury, delayed symptoms, or complicated medical history.

Accurate medical records help establish what changed after the collision and why.

8. File the California DMV SR-1

A police report does not replace the DMV reporting requirement.

California requires a Report of Traffic Accident Occurring in California, or SR-1, to be submitted to the DMV within 10 days when:

• Anyone was injured, even if the injury appeared minor
• Anyone was killed
• Property damage exceeded $1,000

The requirement applies regardless of who caused the collision.

The SR-1 generally requires information about the drivers, vehicles, insurance, and collision.

Do not assume the police, the other driver, or the insurance company filed it for you.

9. Notify Your Own Insurance Company

Most automobile policies require the insured to provide prompt notice of a collision.

Report the accident to your insurer within the requirements of your policy, even if you believe the other driver was entirely responsible.

Your own policy may provide benefits such as:

• Collision coverage
• Rental coverage
• Towing
• Medical Payments coverage
• Uninsured motorist coverage
• Underinsured motorist coverage

Provide accurate basic information, but do not speculate about facts you do not know.

Your responsibilities to your own insurer are different from your relationship with the other driver's insurer. Your policy may contain cooperation requirements, so if the injuries are serious or fault is disputed, legal advice can be useful before giving a detailed recorded statement.

10. Be Cautious With the Other Driver's Insurance Company

The other driver's insurance adjuster may contact you quickly.

The adjuster may ask for:

• A recorded statement
• Details about your injuries
• Information about previous medical conditions
• A signed medical authorization
• Photographs
• A quick settlement

You generally have no contractual obligation to give the other driver's insurance company a recorded statement.

In a serious injury case, there is little reason to rush.

You may not yet know:

• What caused the collision
• Whether additional evidence exists
• Whether another defendant shares responsibility
• The full extent of your injuries
• Whether future treatment will be needed
• How much income you will lose
• The amount of available insurance

A statement given before these facts are known may later be used to dispute liability or minimize the injuries.

Be especially cautious about signing broad medical authorizations that allow an adverse insurer unrestricted access to unrelated medical history.

Our guide to the car accident insurance claim process explains this process in greater detail.

11. Preserve the Vehicle and Other Physical Evidence

In a serious collision, your vehicle may be evidence.

Before allowing it to be repaired, sold, salvaged, or destroyed, make sure its condition has been adequately documented.

Depending on the case, the vehicle may contain evidence concerning:

• Impact location
• Crush patterns
• Seat belt use
• Airbag deployment
• Mechanical failure
• Tire failure
• Vehicle defects
• Electronic vehicle data

Many modern vehicles contain event data recorder information that may help establish speed, braking, throttle input, and other information surrounding a collision, depending on the vehicle and system.

Other physical evidence may also matter, including:

• Child safety seats
• Bicycles
• Helmets
• Damaged clothing
• Defective vehicle components
• Personal items damaged in the collision

Do not discard potentially important evidence simply because it is damaged.

When appropriate, an attorney can arrange for qualified experts to inspect and document the evidence.

12. Preserve Your Digital Records

Save the information connected to the collision.

That may include:

• Crash photographs
• Videos
• Text messages
• Emails with insurers
• Medical appointment information
• Employment records
• Receipts and expenses
• Dashcam footage

Keep the originals when possible and back up important files.

Also be careful with social media.

A photograph or comment can be taken out of context and used to argue that an injury is less serious than claimed.

At the same time, do not delete existing posts or evidence simply because a claim may be made. Once litigation is reasonably anticipated, destroying relevant evidence can create additional problems.

California's CACI No. 204, Willful Suppression of Evidence allows a jury, when supported by the evidence, to consider intentional concealment or destruction of evidence and infer that the evidence would have been unfavorable to the party who destroyed it.

13. Understand How Comparative Fault Works

California follows pure comparative fault.

That means an injured person can still recover damages even when the defense proves that the injured person was partly responsible for the collision. The recovery is reduced according to the percentage of fault assigned to that person.

California juries are instructed under CACI No. 405, Comparative Fault of Plaintiff that the defendant has the burden of proving:

1. The plaintiff was negligent.
2. The plaintiff's negligence was a substantial factor in causing the harm.

If those elements are proven, the damages are reduced by the plaintiff's percentage of responsibility.

This matters because insurance companies frequently try to shift some responsibility to the injured person.

For example, they may argue that the injured driver:

• Was speeding
• Was distracted
• Followed too closely
• Failed to react quickly enough
• Made an unsafe lane movement

Those claims should be evaluated against the evidence.

For a detailed discussion, see How Fault Is Determined in a San Diego Car Accident.

14. A Traffic Violation May Help Establish Negligence

Traffic laws often become part of the liability analysis.

Under Evidence Code § 669, violation of a statute, ordinance, or regulation can create a rebuttable presumption of negligence when specific requirements are satisfied.

California juries may be instructed on the doctrine through CACI No. 418, Presumption of Negligence per se.

For example, a qualifying violation involving a red light, right of way, or another safety rule may help establish negligence when the violation was a substantial factor in causing the type of harm the law was intended to prevent.

But a citation does not automatically decide the case.

The connection between the violation and the collision still matters.

This is also why leaving the scene of an accident should be distinguished from causing it. A driver who unlawfully leaves an injury collision may face serious consequences under California law, but fleeing after the collision does not by itself prove that the driver caused the original crash.

15. Take Extra Steps After a Hit-and-Run

If the other driver leaves the scene:

1. Call law enforcement immediately.
2. Write down whatever you remember about the vehicle and driver.
3. Preserve witness information.
4. Look for video.
5. Notify your insurance carrier promptly.

Try to document:

• Full or partial license plate
• Make and model
• Vehicle color
• Direction of travel
• Driver description
• Damage to the fleeing vehicle

Your own uninsured motorist coverage may become important.

California Has Special Requirements for Certain Unidentified Hit-and-Run UM Claims

California Insurance Code § 11580.2 contains specific requirements when the owner or operator of the uninsured vehicle is unknown.

Among other things, the statutory definition generally requires bodily injury arising from physical contact with the unidentified vehicle or the vehicle occupied by the insured.

The statute also requires the accident to be reported to the appropriate law enforcement agency within 24 hours and requires a sworn statement supporting the claim to be filed with the insurer within 30 days.

These requirements make prompt action particularly important after an unidentified hit-and-run.

Coverage depends on the actual policy and circumstances, so serious UM and UIM claims should be evaluated using the policy itself rather than assumptions about what coverage applies.

16. Consider Whether Someone Other Than the Driver Was Responsible

Do not assume every car accident case begins and ends with the other driver.

Depending on the facts, other potentially responsible parties may include:

• The driver's employer
• The vehicle owner
• A rideshare or delivery company
• A commercial business
• A vehicle manufacturer
• A repair facility
• A contractor
• A public entity responsible for a dangerous road condition

A serious collision may have multiple causes.

A distracted employee may cause a crash while working. A dangerous intersection may contribute to a collision caused by another driver. A defective vehicle component may make the injuries much worse.

Our guide to common causes of car accidents in San Diego explains why identifying the underlying cause can reveal defendants that are not obvious from the police report.

17. Investigate Dangerous Road Conditions Early

When the roadway may have contributed to a collision, the evidence and deadlines are different.

Potential dangerous conditions include:

• Defective traffic signals
• Inadequate sight distance
• Dangerous intersection design
• Potholes
• Missing or inadequate warnings
• Unsafe barriers
• Construction conditions
• Roadway debris

Claims involving public property are governed by specific statutes, including Government Code § 835, which addresses liability for dangerous conditions of public property when its requirements are met.

Evidence may include collision history, engineering records, traffic studies, signal timing, maintenance records, prior complaints, and site measurements.

Our dangerous roadway conditions practice explains these cases in greater detail.

Do not wait to investigate a potential government claim because the initial claim deadline can be much shorter than the ordinary personal injury statute of limitations.

18. Know the Important California Deadlines

Most California personal injury lawsuits are subject to a two-year limitations period under Code of Civil Procedure § 335.1.

But there are important exceptions.

Claims involving California public entities are especially time-sensitive. Under Government Code § 911.2, a claim relating to personal injury or death generally must be presented within six months after the claim accrues.

Other deadlines may apply depending on the defendant, injury, insurance coverage, and circumstances.

Our guide to the California statute of limitations for car accident claims explains these deadlines in more detail.

19. Do Not Rush to Settle a Serious Injury Claim

An early settlement can be tempting, particularly when medical bills are arriving or you cannot work.

But settling generally ends the claim against the parties covered by the release.

Before resolving a serious injury case, you should understand:

• Your diagnosis
• Whether additional treatment is likely
• Whether the injury will be permanent
• Future medical needs
• Past and future lost income
• Effects on your ability to work
• Available liability and UM/UIM insurance
• Whether additional defendants exist

Our guide to compensation available after a car accident explains the damages that may be recoverable in a California injury case.

The goal should be to evaluate the claim based on the evidence and the actual consequences of the injury, not simply to resolve it quickly.

How We Investigate Serious Car Accidents

At Hulburt Law Firm, we focus on serious personal injury and wrongful death cases.

When we investigate a serious car accident, one of the questions we ask is:

What evidence would we want if we had to prove this case to a jury years from now?

Then we work backward.

Depending on the collision, that may involve:

• Inspecting the crash scene
• Preserving the vehicles
• Obtaining electronic vehicle data
• Locating surveillance and traffic video
• Interviewing witnesses
• Obtaining phone or electronic records
• Analyzing traffic signals
• Investigating roadway conditions
• Evaluating vehicle defects
• Investigating employment relationships
• Identifying all available insurance
• Retaining accident reconstruction, engineering, medical, or other experts

The purpose is to determine what happened, why it happened, who was responsible, and how the collision affected the injured person.

We prepare serious cases with trial in mind from the beginning.

Talk to a San Diego Car Accident Lawyer

If you or someone you love has suffered a serious injury in a collision, you do not have to determine every legal and insurance issue on your own.

Our San Diego car accident lawyers can investigate the collision, preserve important evidence, identify available insurance and responsible parties, and explain the options available under California law.

Contact Hulburt Law Firm for a free and confidential case review.

‍