San Diego Car Accident Lawyer

California law generally gives you two years from the date of the crash to file a personal injury lawsuit (Code of Civil Procedure section 335.1). California uses comparative fault, so you may still recover damages even if you were partly at fault, though your recovery is reduced by your share of fault. Injury Trial Lawyers, a San Diego law firm, helps people injured in car accidents throughout San Diego County; the office is open 24 hours a day, 7 days a week, and calls are answered at any hour: (619) 525-7007.

Steps to take after a car accident in California

Check for injuries and call 911 if anyone is hurt. Move to a safe place if you can.
Exchange names, driver’s license numbers, insurance information, and vehicle registration with the other drivers.
Take photos of the vehicles, the scene, road conditions, and any visible injuries. Get contact information for witnesses.
See a doctor promptly, even if you feel fine. Keep copies of medical records and bills.
Report the crash. California requires drivers to report a collision to the DMV within 10 days (form SR-1) if anyone was injured or killed, or if property damage was more than $1,000.
Notify your own insurance company, but be careful about giving a recorded statement to the other driver’s insurer or signing a release before you understand your rights.
Keep track of missed work, repair estimates, and other out-of-pocket costs.

Want more detail on protecting your claim after the crash? Read 10 ways to strengthen your personal injury claim.

The California statute of limitations for car accident claims

Under California Code of Civil Procedure section 335.1 , a lawsuit for personal injury caused by another person’s negligence generally must be filed within two years of the injury. Claims for property damage only (such as vehicle damage) generally have a three-year deadline under Code of Civil Procedure section 338 . the two-year rule and its exceptions has the full background.

How comparative fault works in California

California follows a “pure comparative fault” rule ( Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; see CACI 405 and 406 ). Read how comparative fault is decided in California for the shared California law.

California law explained: the rules that decide a car accident claim

Most California car accident cases turn on a short list of statutes and jury instructions. Here is what each one does, in plain English, with a link to the official text.

Negligence: the four things you must prove

The starting point is Civil Code section 1714, which makes everyone responsible for injuries caused by a lack of ordinary care. The judicial council jury instruction CACI 400 (Negligence—Essential Factual Elements) tells jurors that the injured person must prove (1) the other driver was negligent, (2) the injured person was harmed, and (3) the negligence was a substantial factor in causing the harm. For drivers, CACI 700 (Basic Standard of Care) says a driver must use reasonable care to keep a lookout and control the vehicle, and CACI 430 (Causation: Substantial Factor) explains that the negligence need not be the only cause.

Traffic violations and the presumption of negligence

If the other driver broke a safety law, such as running a red light or using a handheld phone in violation of Vehicle Code section 23123.5, Evidence Code section 669 lets the jury presume negligence when the violation caused the kind of injury the law was written to prevent. The jury is instructed on this under CACI 418 (Presumption of Negligence per se). The other driver can try to rebut the presumption by showing a reasonable excuse.

Sharing fault: comparative negligence

California juries assign a percentage of fault to each person who contributed to the crash (CACI 405 and 406). Your damages are reduced by your own share, but they are not barred. For noneconomic damages such as pain and suffering, Civil Code section 1431.2 makes each defendant pay only its own percentage of fault; economic damages such as medical bills can still be collected in full from any liable defendant.

Uninsured drivers lose noneconomic damages

Under Civil Code section 3333.4, a driver who was uninsured at the time of the crash (or who is convicted of DUI for that crash) generally cannot recover noneconomic damages such as pain and suffering from the other driver, though medical bills and lost wages remain recoverable. There are exceptions, including when the at-fault driver was convicted of DUI.

When the vehicle owner is responsible

Vehicle Code section 17150 makes a vehicle owner liable for a crash caused by someone driving with the owner’s permission (CACI 720). But Vehicle Code section 17151 caps that owner liability at $15,000 for injury or death of one person, $30,000 for more than one person, and $5,000 for property damage, and bars punitive damages against the owner on that basis. The cap does not limit what you can recover from the driver, or from an owner who was personally negligent, for example by lending the car to someone they knew was unsafe.

Insurance minimums and uninsured motorist coverage

Vehicle Code section 16056 sets the minimum liability coverage. For policies issued or renewed on or after January 1, 2025, it is $30,000 for injury or death of one person, $60,000 for all persons, and $15,000 for property damage. The same section raises each figure again for policies issued or renewed on or after January 1, 2035 (to $50,000, $100,000, and $25,000). When the at-fault driver has no insurance or too little, your own uninsured/underinsured motorist coverage under Insurance Code section 11580.2, which a policy must include unless you waived it in writing, may apply; that section has its own two-year deadline to sue, settle, or start arbitration. Our guides to uninsured motorist claims and San Diego hit-and-run accident claims explain how these claims work, including the extra reporting steps when the other driver flees.

Deadlines

Two years for an injury lawsuit (Code of Civil Procedure section 335.1), three years for property damage only (section 338), and six months for a written claim against a city, county, or state agency (Government Code section 911.2). When a government road design is blamed, the agency may raise design immunity under Government Code section 830.6.

Legislative history: how California car accident law got here

These facts come from the official chaptered statutes and committee analyses on the California Legislative Information site.

One year became two (2002). Senate Bill 688 (2002) was chaptered on September 10, 2002 as Chapter 448, Statutes of 2002. It added Code of Civil Procedure section 335.1, effective January 1, 2003. The Senate floor analysis describes the change as extending the limitations period for personal injury and wrongful death actions “from one year to two years.”
Comparative fault (1975). California replaced the all-or-nothing contributory negligence rule with pure comparative fault through the California Supreme Court decision in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, rather than through a statute.
Proposition 51 (1986). Voters adopted the Fair Responsibility Act of 1986 on June 3, 1986, which created Civil Code section 1431.2 and limited each defendant’s share of noneconomic damages to its own percentage of fault.
Proposition 213 (1996). Voters approved Proposition 213 on November 5, 1996, which added Civil Code section 3333.4, limiting noneconomic damages for uninsured drivers and drivers convicted of DUI.
Owner liability cap (1967). Vehicle Code sections 17150 and 17151 were last amended in 1967 (Stats. 1967, Ch. 702 and Ch. 862). The $15,000/$30,000/$5,000 owner cap in section 17151 has not been raised since.
Higher insurance minimums (2022). Senate Bill 1107 (2022) was chaptered on September 28, 2022 as Chapter 717, Statutes of 2022. It doubled the minimums in Vehicle Code section 16056 from $15,000/$30,000/$5,000 to $30,000/$60,000/$15,000 for policies issued or renewed on or after January 1, 2025, with a second increase scheduled for 2035. The section was later amended by Stats. 2023, Ch. 204 (AB 1140).
Hands-free driving (2017). Vehicle Code section 23123.5, the handheld phone ban, was amended by Stats. 2017, Ch. 297 (AB 1222).

Recent California appellate decisions

These published 2026 Court of Appeal opinions show how the rules above are applied. Each link opens the official opinion on the California courts website.

O’Brien v. Midway Rent-A-Car, Inc. (Oct. 29, 2026, B342575). The Second District held that the federal Graves Amendment (49 U.S.C. § 30106) preempts Vehicle Code section 17150 when applied to rental car companies, and that a rental company is not liable for negligent entrustment solely because it did not verify the renter had insurance. After a crash with a rental car, the claim usually runs against the driver and the available insurance rather than the rental company.
Tansavatdi v. City of Rancho Palos Verdes (Sept. 24, 2026, B343512). After the California Supreme Court’s earlier decision in the same case (2023) 14 Cal.5th 639, the Second District held that design immunity under Government Code section 830.6 can cover warning signs or markings that were part of an approved, reasonable road design, and affirmed judgment for the city. Claims against public agencies for road design face this defense in addition to the six-month claim deadline.

Questions and answers about San Diego car accidents

Do I need a San Diego car accident lawyer?

Not every crash requires a lawyer. A lawyer can help when you were injured, when fault is disputed, when an insurer denies or delays your claim, or when a deadline is approaching. Injury Trial Lawyers offers a free consultation to talk about your accident and your options.

How much is my car accident case worth in California?

There is no set amount. The value of a claim depends on the facts, including medical expenses, lost income, future care needs, pain and suffering, property damage, available insurance coverage, and any comparative fault assigned to you. Serious crashes can also cause catastrophic injuries such as a brain, spinal cord, or amputation injury, which often involve longer-term care. No one can honestly predict a dollar figure without reviewing your records.

Who pays medical bills after a car accident in California?

California is an at-fault (tort) state. The at-fault driver’s liability insurance is generally responsible for your injuries, but that payment usually comes at the end of the claim. In the meantime, your own health insurance, the medical payments (MedPay) coverage on your auto policy if you have it, or uninsured/underinsured motorist coverage may pay some bills. Insurers that pay your bills may seek reimbursement from any later recovery.

What if I was hit by an Uber or Lyft driver in San Diego?

Rideshare companies in California must carry insurance that applies while a driver is logged into the app, with higher coverage once a ride is accepted or in progress (Public Utilities Code section 5433). Which policy applies depends on what the driver was doing at the time of the crash, so it helps to note whether the driver had a passenger or was on the way to a pickup.

What if a drunk driver caused my accident?

A civil injury claim is separate from any criminal DUI case. You can pursue compensation from the impaired driver whether or not they are convicted. In some cases, California law may also allow punitive damages (Civil Code section 3294) when a driver acted with conscious disregard for the safety of others.

How long do I have to file a car accident claim in California?

Generally two years from the date of injury for a personal injury lawsuit (CCP 335.1), three years for property damage only (CCP 338), and six months for a written claim against a government entity (Gov. Code 911.2). Insurance claims should be reported much sooner, usually as soon as possible under your policy.

Can I sue the owner of the car if someone else was driving?

Yes, in many cases. Under Vehicle Code section 17150, an owner who gave permission to drive is liable for the driver’s negligence, but section 17151 caps that liability at $15,000 for one injured person, $30,000 for more than one, and $5,000 for property damage. The cap does not apply to the driver, or to an owner who was personally negligent.

Can I hold a rental car company responsible for a crash?

Usually not just because it owned the car. In O’Brien v. Midway Rent-A-Car, Inc. (2026), the Court of Appeal held that the federal Graves Amendment preempts California’s owner-liability statute as applied to rental companies, and that failing to verify the renter’s insurance is not by itself negligent entrustment.

What if I was uninsured when the crash happened?

Under Civil Code section 3333.4 (Proposition 213), an uninsured driver generally cannot recover pain and suffering damages from the other driver, but can still recover medical bills, lost wages, and other economic losses. Exceptions apply, including when the other driver was convicted of DUI for the crash.

About Injury Trial Lawyers

Injury Trial Lawyers is led by attorney Vikas Bajaj, who represents injured people throughout San Diego County and has been practicing law in California since 2001. Our office is at 2150 First Avenue, Suite 100, San Diego, CA 92101. The office is open 24 hours a day, 7 days a week, and calls are answered at any hour at (619) 525-7007. You can also request a free consultation online.

This page provides general information about California law and is not legal advice. Reading it does not create an attorney-client relationship.

Key California Rules After a San Diego Crash

Stop and help: Vehicle Code section 20001 requires drivers in an injury crash to stop and provide information. California’s stop, exchange, and report rules after a collision has the full background.

Types of car accidents

These pages explain common types of car accidents in San Diego and related questions about injuries and recovery.