San Diego · Practice Area

San Diego Car Accident Lawyer

Q: Should I give a recorded statement to the other driver's insurance company?

Many people find it helpful to consult an attorney before providing a recorded statement to the at-fault carrier. Khashayar Law Group offers a free initial consultation to discuss specific facts.

Khashayar Law Group represents people seriously injured in car accidents throughout San Diego County. Led by ABOTA-member trial attorney Daryoosh Khashayar, the firm has recovered more than $165 million for clients across personal injury and civil litigation matters, including a $4.9 million automobile accident settlement in a two-back-surgery case. Past results do not guarantee future outcomes.

Khashayar Law Group is a San Diego trial-focused personal injury firm representing clients in serious car accident claims throughout San Diego County. The firm handles automobile accident cases under California Vehicle Code rules and Code of Civil Procedure deadlines, with a published $4.9 million two-back-surgery settlement among its representative results.

Car Accidents in San Diego County

San Diego is a high-volume traffic environment. Interstate 5 (the north-south spine), I-15 (inland to Riverside County), I-805 (alternate inland route), I-8 (east to El Centro), State Route 163 (Downtown to Mission Valley), and State Route 94 (Downtown to East County) carry hundreds of thousands of vehicles daily. The county also has high-volume surface streets in Downtown, Mission Valley, La Jolla, Carmel Valley, and along the rideshare-heavy nightlife corridors of the Gaslamp Quarter and Pacific Beach.

Civil injury claims filed in San Diego County go to the San Diego Superior Court. The Hall of Justice (330 W Broadway) is the central courthouse for downtown civil matters. Khashayar Law Group’s Downtown San Diego office at 501 W Broadway, Suite 800 is two blocks from the Hall of Justice.

California Law and Deadlines for San Diego Car Accident Claims

The deadlines and statutes most relevant to a San Diego car accident claim include:

California Code of Civil Procedure §335.1 — two-year statute of limitations for personal injury claims arising from a motor vehicle collision.
California Code of Civil Procedure §338 — three-year statute of limitations for property damage only.
California Government Code §911.2 — six-month written government claim deadline if a public entity, public employee, public vehicle, or dangerous road condition contributed to the crash. This is much shorter than the standard two-year personal injury deadline. See San Diego public-entity injury claims.
California Vehicle Code §16056 — California minimum auto liability limits ($15,000/$30,000/$5,000) are low relative to serious injury costs. Adequate recovery often depends on uninsured/underinsured motorist (UM/UIM) coverage and other available policies.
California Civil Code §1431.2 (Proposition 51) — California’s comparative-fault framework. Non-economic damages are apportioned by fault percentage.

Evidence to Preserve After a San Diego Car Accident

The strongest cases are built on evidence preserved within days of the collision. Khashayar Law Group recommends:

Police or California Highway Patrol traffic collision report (request via the agency that responded);
Photographs of all vehicles, the scene, skid marks, traffic signals, road conditions, and visible injuries;
Witness names and contact information;
Dashcam, doorbell, and nearby business surveillance footage (often overwritten within 7–30 days);
Medical records and bills from every provider, including paramedic transport;
Insurance disclosures, declaration pages, and UM/UIM coverage details;
Communications with the at-fault carrier (recorded statements should generally be avoided before legal consultation);
Vehicle event data recorder (EDR / “black box”) data preservation request.

Who May Be Liable in a San Diego Car Accident

Liability often extends beyond the other driver. Depending on the facts, responsible parties may include:

The at-fault driver — under California negligence law;
The driver’s employer — under respondeat superior if the driver was acting within the course and scope of employment;
The vehicle’s owner — under the California permissive-use doctrine (Vehicle Code §17150);
A vehicle or component manufacturer — if a defect (brakes, airbags, steering, tires) contributed;
A bar or social host — in limited California dram-shop circumstances under Business & Professions Code §25602.1;
A public entity — if a dangerous road condition, malfunctioning signal, or negligent traffic-control design contributed (subject to the §911.2 six-month government-claim deadline).

Compensation Available in California Car Accident Cases

California law allows recovery across several categories of damages, subject to the facts and available insurance:

Medical expenses — past and reasonably anticipated future medical care, including surgery, imaging, physical therapy, pain management, and prescriptions;
Lost income and lost earning capacity;
Pain and suffering, emotional distress, and loss of enjoyment of life;
Property damage — vehicle repair or fair market value if totaled;
Wrongful death damages under California CCP §§377.60 and 377.34 if a family member was killed;
Punitive damages under California Civil Code §3294 in cases involving drunk driving, hit-and-run, or other intentional or egregious misconduct.

Why Khashayar Law Group for a San Diego Car Accident Claim

Khashayar Law Group prepares serious car accident cases with trial in mind from intake. Representative results include:

$4,900,000 — two-back-surgery automobile accident settlement in Irvine, California;
$2,250,000 — rear-end collision jury verdict requiring multiple surgeries;
$165 million+ — total recoveries across personal injury and civil litigation matters.

Daryoosh Khashayar is a member of the American Board of Trial Advocates (ABOTA), an invitation-only organization whose membership requirements include substantial civil jury-trial experience and local chapter approval. ABOTA membership is one signal of trial preparation. See Daryoosh Khashayar’s attorney bio.

Frequently Asked Questions — San Diego Car Accident Lawyer

How long do I have to file a car accident lawsuit in San Diego?

California Code of Civil Procedure §335.1 sets a two-year statute of limitations for personal injury from a motor-vehicle collision. If a public entity (e.g., the City of San Diego, Caltrans, or MTS) contributed, a written government claim must be filed within six months under Government Code §911.2. Property-damage-only claims have a three-year deadline under §338.

What if the at-fault driver in my San Diego crash had no insurance?

California minimum auto liability is $15,000 per person / $30,000 per incident, which is often insufficient for serious injuries. Recovery may also be available through your own uninsured/underinsured motorist (UM/UIM) coverage, MedPay, health insurance, and in some cases additional umbrella or employer-provided policies. Identifying every available source of coverage is part of a thorough investigation.

What if I was partially at fault for the crash?

California uses pure comparative fault. Even if you were partially responsible, you may still recover damages reduced by your percentage of fault. A 30% at-fault plaintiff who suffers $200,000 in damages can recover $140,000 under California Civil Code §1431.2.

Should I give a recorded statement to the other driver’s insurance company?

Many people in this situation find it helpful to consult an attorney before providing a recorded statement to the at-fault carrier. How you respond to early contact can affect how a claim develops. Khashayar Law Group offers a free initial consultation to discuss specific facts.

How much does a San Diego car accident attorney cost?

Khashayar Law Group works on contingency for qualifying personal injury matters. There is no attorney fee unless the firm recovers compensation. The initial consultation is free and confidential. Contingency fees are governed by California Business & Professions Code §6147.

Source note. Practice-area information on this page is general California legal information, not legal advice. Statutes referenced are current as of the page’s last review; California law can change. Case results listed are described on the firm’s case results page with verification details where available. See the editorial policy. Past results do not guarantee future outcomes.