What to Do After a Car Crash in San Diego
The short answer
After a crash in San Diego: stop, check for injuries, and call 911 if anyone is hurt. Exchange driver, insurance and vehicle information. Take photos. Get medical care, even if you feel “fine.” If anyone was injured, California law requires a written report to the CHP or city police within 24 hours. A DMV SR-1 report is due within 10 days if anyone was injured or property damage is over $1,000. Then talk to a lawyer before you give a recorded statement to the other driver’s insurer.
At the scene
- Stop and stay. A driver in a crash that injures or kills someone must stop immediately at the scene (Vehicle Code 20001). If only property is damaged, you must stop at the nearest safe spot and either notify the owner or leave a note (Vehicle Code 20002).
- Help anyone who is hurt and call 911. The law requires drivers to give reasonable assistance to injured people, including arranging transport for medical treatment when it is needed (Vehicle Code 20003).
- Exchange information. In an injury crash, drivers must exchange names, addresses, the vehicle registration number and the owner’s name and address. They must also show a driver’s license on request (Vehicle Code 20003). Also ask for the other driver’s insurance company and policy number.
- Document everything. Photograph the vehicles, plates, skid marks, traffic signals, the road and your injuries. Get the names and phone numbers of any witnesses.
- Be careful what you say. Stick to facts. Don’t guess about speed or fault, and don’t apologize in a way that sounds like an admission.
In the next few days
- See a doctor. Some injuries, such as concussions and soft-tissue injuries, show up hours or days later. Your medical records also document what happened.
- Make the required reports. If anyone was injured or killed, the driver must make a written report within 24 hours. In a city it goes to the CHP or that city’s police department (Vehicle Code 20008). Separately, report to the DMV within 10 days if anyone was injured or killed, or if any one person’s property damage is over $1,000 (Vehicle Code 16000).
- Tell your own insurer as your policy requires, but you don’t have to give the other driver’s insurer a recorded statement right away.
- Keep a file. Save receipts, repair estimates, medical bills, missed-work records and a short journal of your symptoms.
Why insurance status matters
California’s Proposition 213 limits recovery for some people. Under Civil Code 3333.4, an injured person generally can’t recover non-economic damages (pain and suffering) if they were an uninsured owner, or an operator who couldn’t show financial responsibility. The same applies to a driver convicted of DUI for that crash. Some exceptions apply. See our Proposition 213 page.
Deadlines
Most California injury lawsuits must be filed within two years (Code of Civil Procedure 335.1). If a city, county or state vehicle or road was involved, a written claim is generally due within six months (Government Code 911.2). See How Long Do You Have to File a Personal Injury Claim in California? and our government vehicle accident page.
Frequently asked questions
Do I have to call the police after a minor crash in San Diego? If anyone is hurt, a written report to the CHP or police is required within 24 hours (Vehicle Code 20008). With property damage only, you must stop and exchange information or leave a note (Vehicle Code 20002). A DMV report is still required if any one person’s damage is over $1,000 (Vehicle Code 16000).
Should I go to the doctor if I don’t feel hurt? It’s a good idea. Some injuries are delayed, and a prompt exam protects your health and creates a record.
Should I talk to the other driver’s insurance company? You can give basic facts, but consider speaking with a lawyer before giving a recorded statement or signing anything.
How much does it cost to talk to a lawyer? Injury Trial Lawyers offers a free consultation. Spanish interpreters are available on request.
Talk with Injury Trial Lawyers
If you were hurt in a crash, learn more on our San Diego car accident page or call (619) 525-7007 for a free consultation.
This article is general information, not legal advice. Reading it or contacting us does not create an attorney-client relationship. Every situation is different; talk with a lawyer about your specific facts.
Attorney Advertising. Injury Trial Lawyers, 2150 First Avenue, Suite 100, San Diego, CA 92101. (619) 525-7007. Attorney responsible for this content: Vikas Bajaj.
What not to do after a crash
After medical care and reporting, avoid recorded statements to the other driver’s insurer until you understand your rights, and do not sign a broad release before you know your injuries. A release can waive unknown claims (Civil Code section 1542). Your own uninsured motorist coverage may apply when another driver has no insurance (Insurance Code section 11580.2).