Automobile Accidents

San Diego Automobile Accident Attorneys

Khashayar Law Group represents people seriously injured in car accidents throughout San Diego County. The firm’s published auto accident results include a $4,900,000 settlement in a case where the client required two back surgeries. Across all personal injury matters, the firm has recovered more than $165 million for clients. Led by ABOTA-member trial attorney Daryoosh Khashayar, the firm prepares serious-injury cases with trial in mind from day one. Consultations are free and carry no obligation.

How Trial Preparation Can Affect Auto Accident Case Value

Serious auto accident cases are often prepared with litigation in mind from the beginning. A lawyer's trial experience can matter because insurance carriers may evaluate not only the facts of the crash but also whether opposing counsel is prepared to litigate if settlement negotiations fail. Khashayar Law Group prepares every serious car accident matter with the possibility of litigation in mind. Outcomes vary by case, venue, evidence, and applicable law.

How Khashayar Law Group Handles Auto Accident Cases

The firm’s process starts with investigation: identifying all parties who may bear liability, preserving time-sensitive evidence (vehicle data, dashcam footage, traffic camera recordings, witness statements), reviewing applicable California Vehicle Code violations, gathering medical records, and evaluating insurance coverage across all potentially liable parties — including the at-fault driver’s policy, any applicable employer coverage, and the client’s own uninsured/underinsured motorist coverage.

Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings on behalf of his clients. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.

ABOTA Membership and What It Means for Auto Accident Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization of civil trial lawyers and judges whose membership requirements include substantial civil jury-trial experience and local chapter approval. ABOTA membership is one signal of trial experience; trial preparation can affect how insurance carriers evaluate settlement risk, although outcomes vary by case, venue, evidence, and applicable law.

California Auto Insurance Coverage Basics

California Vehicle Code §16056 requires a minimum of $15,000 per person / $30,000 per accident in bodily injury liability coverage and $5,000 in property damage coverage. These minimums are inadequate for serious-injury cases. Several additional coverage sources are commonly evaluated:

• The at-fault driver’s bodily injury liability policy — the primary source of recovery.
• Uninsured/underinsured motorist coverage on the client’s own auto policy — critical when the at-fault driver has minimal or no coverage.
• Employer or commercial coverage — when the at-fault driver was operating a vehicle in the scope of employment.
• Umbrella policies — personal or commercial excess coverage above primary auto limits.
• MedPay — first-party medical payments coverage on the client’s own policy.

Who May Be Liable in a California Car Accident

Liability is not always limited to the at-fault driver. Depending on the facts, the following parties may be involved:

• The at-fault driver — for speeding, distraction, impairment, unsafe lane changes, failure to yield, or following too closely.
• The driver’s employer — under respondeat superior when the driver was operating within the scope of employment.
• The vehicle owner — under California Vehicle Code §17150 (permissive use), generally up to $15,000 / $30,000 for negligent operation by a permitted driver.
• The vehicle manufacturer — where a mechanical defect contributed to the crash.
• A government entity — when a public road defect or government vehicle contributed.

Compensation Generally Available in California Auto Accident Cases

California law allows auto accident victims to pursue compensation across several categories of damages:

• Medical expenses — past and anticipated future treatment, including surgery, rehabilitation, and long-term care.
• Lost income and reduced earning capacity.
• Pain and suffering — physical pain, emotional distress, and loss of enjoyment of life.
• Property damage.
• Wrongful death damages under California Code of Civil Procedure §§377.60–377.62 when a crash results in a fatality.
• Punitive damages under Civil Code §3294 in cases involving drunk driving, intentional misconduct, or particularly egregious conduct.

California applies pure comparative negligence under Civil Code §1714. An injured plaintiff can recover even when partially at fault — recovery is reduced by the plaintiff’s percentage of fault, not eliminated.

Time Limits for Filing a California Car Accident Claim

California Code of Civil Procedure §335.1 generally provides a two-year period to file a personal injury claim. If a government vehicle, government driver, or public road defect contributed to the collision, California Government Code §911.2 requires a written government claim within six months. Property damage claims have a three-year statute under §338. Missing these deadlines ends the right to recover.

Frequently Asked Questions — San Diego Auto Accident Attorneys

What should I do immediately after a San Diego car accident?

Make sure everyone is safe and call 911. Photograph the scene, vehicles, license plates, and any visible injuries. Get contact information for every witness. Seek medical attention the same day even if you feel fine — soft-tissue and concussion injuries often surface 24–72 hours later. Consult an attorney before providing recorded statements to the at-fault driver’s insurer.

Should I talk to the other driver’s insurance adjuster?

Many people find it helpful to speak with an attorney before providing recorded statements to a carrier’s representative. How you respond to early contact can affect how a claim develops.

What if the at-fault driver only has California minimum coverage?

California minimum coverage is $15,000 per person / $30,000 per accident, which is rarely enough in serious-injury cases. The firm evaluates uninsured/underinsured motorist coverage on the client’s own policy, employer or commercial coverage, umbrella policies, and any additional defendants who may be responsible.

How long do I have to sue after a California car accident?

Two years from the date of the crash for personal injury under California Code of Civil Procedure §335.1; three years for property damage only under §338; six months to file a written government claim under Government Code §911.2 if a government entity is involved.

Can I recover damages if I was partially at fault?

Yes. California’s pure comparative negligence rules under Civil Code §1714 allow recovery even when the injured party is partially at fault, with the recovery reduced by the plaintiff’s percentage of fault.

Do I need a lawyer for a minor fender-bender?

Not always. If there are no injuries and only minor property damage, the case may not require an attorney. But injuries can surface days after a crash, and accepting an early property-damage settlement can complicate a later injury claim. A free consultation costs nothing.

How much does a San Diego car accident attorney cost?

Khashayar Law Group works on contingency. There is no attorney fee unless the firm recovers compensation for you. The initial consultation is free and confidential.

Talk to a San Diego Auto Accident Attorney

Khashayar Law Group handles serious car accident cases throughout San Diego and California. If you’ve been injured in a collision, contact our San Diego personal injury attorneys for a free consultation. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.