What to Do After a Car Accident in San Diego

Car accidents can be overwhelming, especially in a major city like San Diego. Whether you’re navigating the infamous “Merge” where the 5 and the 805 meet or crossing Clairemont Mesa Boulevard and Doliva Drive, knowing what to do after a collision is crucial. 

Taking the right steps in the aftermath of a car accident can determine whether you receive the compensation you need versus what the insurance company wants to pay you. This difference could be significant; medical bills for serious injuries can quickly use up what initially seemed like a fair settlement, potentially impacting your full recovery and ability to rebuild your life. 

This guide will walk you through the important steps to take following a car accident in San Diego, explain why you need a personal injury lawyer, and provide valuable information about your rights and potential compensation.

If you or a loved one were seriously injured in a car accident in San Diego, The Dominguez Firm can help. Call us at (800)818-1818 today for a free consultation. We are here for you!

What Steps Should I Take Immediately After a San Diego Car Accident?

1. Ensure Safety and Seek Medical Attention – Your health and safety should be your top priority. If you or anyone else involved in the accident is injured, call 911 immediately. Even if injuries seem minor, seek medical attention, as some symptoms may appear hours or days later.
2. Move to Safety and Report the Accident – If possible, move your vehicle to a safe location. Turn on your hazard lights to alert other drivers.
3. Document the Scene – Take photos of the accident scene, including vehicle damage, road conditions, and any visible injuries. Gather contact information from witnesses and other drivers involved. This documentation will be invaluable for your insurance claim and personal injury case.
4. Exchange Information – Share and collect the following details from all parties involved:

• Names and contact information
• Insurance company and policy numbers
• Driver license numbers
• License plate numbers
• The make, model, and year of all vehicles involved

5. Be Careful with Your Statements – Avoid admitting fault or apologizing, as these statements can be used against you later. Stick to the facts when speaking with the police or other drivers.
6. Contact an Experienced San Diego Car Accident Attorney Immediately – Waiting can greatly hurt your personal injury claim as vital evidence could be lost. Also, defense attorneys will likely question why you waited. If enough time has passed, they will probably argue your car accident did not cause your current injuries.

An additional note regarding point 5; even if you think you may share some blame for your car accident, don’t apologize or say anything that implies you caused it. Car accidents happen quickly. The events that led to it may not be as they seem, especially if you were injured. Instead, exchange information, but don’t discuss what happened at the scene.

I May Share Some of the Blame for My San Diego Car Accident. Can I Still Recover Any Compensation?

Yes, you may still be able to recover compensation even if you share some responsibility for your San Diego car accident. California follows a pure comparative negligence rule, which means your compensation will be reduced based on your percentage of fault, as determined by the evidence and a court. For example, if you are found to be 30% at fault for the accident and your total damages amount to $1,000,000, you could still recover $700,000.

It’s common for insurance companies to try and shift blame onto car accident victims to pay out less. That’s why having an experienced car accident lawyer on your side is important. They can gather evidence, negotiate with insurers, and fight to ensure you are not assigned more responsibility than you deserve.

Even if you think you may be partially responsible, do not admit fault or assume you are ineligible for compensation. Let us evaluate your case. The Dominguez Firm has secured rightful compensation for injured clients, even when fault was disputed. Let us fight for your rights, too.

Do I Really Need a Car Accident Lawyer?

Navigating the aftermath of a car accident can be complex, especially when dealing with insurance companies while recovering from serious injuries. Here’s why you should hire a car accident lawyer:

• Legal Expertise – Car accident lawyers understand every aspect of personal injury law and can guide you through the legal process, ensuring you don’t miss critical deadlines or make costly mistakes.
• Fair Compensation – Skilled personal injury lawyers can accurately assess the full extent of your damages, including future medical expenses and lost earnings potential. They work to secure the maximum compensation you deserve.
• Negotiation Power – Experienced litigation attorneys know how to negotiate effectively with insurance companies, who will usually make lowball offers, regardless of the extent of your injuries.
• Evidence Gathering – Attorneys have the resources to collect and preserve valuable evidence to strengthen your case. Common forms of evidence include accident scene evidence, police reports, witness statements, and expert testimonies.
• Peace of Mind – By handling every aspect of your San Diego car accident case, your personal injury lawyer allows you to focus on your recovery without the stress of dealing with a personal injury claim.

Should I Try to Negotiate with the Insurance Company First?

No. Insurance companies are businesses primarily concerned with their bottom line. Despite what their commercials would have you believe, they are not your friends. Here’s why you should let your car accident attorney deal with them instead:

• Profit-Driven Motives – Insurance companies are for-profit corporations. They are not trying to hand out large settlements. 
• Trained Adjusters – Claims adjusters are trained to pressure injured parties into accept low settlements quickly.
• Recorded Statements – No California law states you must give a recorded statement to an insurance adjuster. Unscrupulous agents may tell you otherwise. Don’t fall for it. Instead, tell them to call your personal injury lawyer. Anything you say can be taken out of context and used against you later.
• Using Your Social Media Against You – Insurance adjusters can and will delve into your social media posts to see if there’s anything they can use to lessen or deny your claim outright. 

What Types of Compensation Are Available to Me for My San Diego Car Accident Claim?

If you’ve been injured in a car accident in San Diego, you may be eligible for various types of compensation, legally known as damages, for your losses:

Economic Damages

These cover tangible financial losses:

• Medical expenses, such as
  • Ambulance bills
  • Hospital stays
  • Surgeries
  • Prescriptions
  • Doctor appointments
  • Appointments with medical specialists
  • Physical therapy
  • Rehabilitation
  • Mental Health Counseling
  • In-home care 
• Lost wages
• Future lost earnings
• Property damage

Non-Economic Damages

These address your emotional losses because of your San Diego car accident, such as:

• Pain and suffering
• Emotional distress
• Loss of consortium (losses affecting relationships)

Punitive Damages

In cases of extreme negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior. An example of this would be a car accident stemming from road rage.

Be aware that California places no limits on how much can be awarded in non-economic damages. For this reason, it usually makes up the bulk of the accident injury victim’s final compensation.

Can I File a Car Accident Claim If I’m an Undocumented Immigrant?

Undocumented immigrants in California can file a car accident claim without fear of deportation or other negative actions. State law protects injured individuals from having their immigration status discovered or admitted in court during personal injury cases. Also, your compensation will de determined by the cost of living in the U.S., not your home country.

The car accident attorneys at The Dominguez Firm are well aware of this and will protect your rights throughout the legal process.

I Didn’t Have Health Insurance When I Had My Car Accident. Can I Still Take Legal Action?

You can still file a car accident claim even if you don’t have health insurance at the time or currently. Many medical providers will treat car accident victims on a lien basis, meaning they agree to be paid from your future settlement amount.

Call The Car Accident Lawyers at The Dominguez Firm

Being injured in a San Diego car accident is a traumatic experience, but knowing the right steps to take can make a significant difference in protecting your rights and ensuring fair compensation. Remember to prioritize your safety, document the accident thoroughly, and seek legal representation immediately to navigate the complex aftermath of a car crash.

By understanding your rights, and with the help of an experienced San Diego car accident attorney at The Dominguez Firm, you’ll be better able to fight for your right to fair compensation for your injuries. Call us today for a free consultation at (800) 818-1818. Available 24/7.