Why You Need a San Diego Car Accident Lawyer After a Crash
Disclaimer: The information provided in this article is for general informational and educational purposes only. It is not intended to constitute legal advice and does not create an attorney-client relationship. Statutes of limitations and legal rights can vary based on specific facts and circumstances. You should not rely on this information without consulting a qualified attorney about your particular situation.
The Myth of “Standard” Claims
Insurance adjusters are trained to sound sympathetic. They may call you within 24 hours of the crash, offering a quick settlement to “help you put this behind you.”
Do not accept this initial offer.
In 2026, the average cost of a hospital stay and vehicle repair in San Diego has skyrocketed. That “generous” quick offer often fails to account for:
- Delayed Injuries: Whiplash and soft-tissue damage often don’t show symptoms for 48 to 72 hours.
- Future Medical Care: Long-term physical therapy or chiropractic care needed months down the line.
- Lost Wages: The income you lose not just from the accident days, but from future medical appointments and reduced earning capacity.
California Law: Comparative Negligence
California operates under a “Pure Comparative Negligence” system. This means that multiple parties can share fault for an accident.
Insurance adjusters often use this to their advantage. If they can convince you to admit even minor fault—for example, saying “I looked down for a second” or “I might have been going a little fast”—they can drastically reduce your payout.
- Example: If your damages are $100,000 but the insurer successfully argues you were 30% at fault, your settlement drops to $70,000. A skilled attorney protects you from these tactics and fights to minimize your assigned liability.
Common San Diego Car Accident Injuries
High-speed collisions on freeways like the I-15 or I-805 often result in severe physical trauma that requires specialized legal attention to value correctly:
- Whiplash and Neck Injuries: The rapid back-and-forth motion can tear ligaments, leading to chronic pain that outlasts the initial bruising.
- Concussions and TBI: Hitting your head on the steering wheel or window can cause Traumatic Brain Injuries that affect memory, mood, and sleep for years.
- Internal Bleeding: Seatbelts save lives, but the force of restraint can sometimes cause internal abdominal trauma that requires immediate surgery.
- Psychological Distress: Many clients experience anxiety or PTSD when getting back behind the wheel, a compensable damage often ignored by insurers.
What Tan Ngo Law Firm Does for Your Case
Hiring an attorney isn’t just about going to court; it’s about building a fortress around your claim so you can focus on healing.
- Evidence Collection: We pull police reports, secure traffic camera footage, and interview witnesses before their memories fade.
- Medical Coordination: We ensure you see proper specialists who document your injuries in a way that stands up in court.
- Negotiation: We handle all communication with the insurance companies. You will never have to worry about saying the wrong thing to an adjuster again.
Damages and Insurance Limits in 2026
As of January 1, 2025, California law (SB 1107) increased mandatory minimum liability insurance limits to $30,000 for injury to one person and $60,000 per accident.
While this is an improvement, these limits are often insufficient for serious crashes. If your medical bills exceed the at-fault driver’s policy limits, we look for other avenues of compensation, such as:
- Underinsured Motorist Coverage (UIM): Tapping into your own policy if the other driver generally lacks adequate coverage.
- Third-Party Liability: Investigating if a vehicle defect or dangerous road condition (government liability) contributed to the crash.
Strict Deadlines: The Statute of Limitations
In California, you generally have two years from the date of the accident to file a personal injury lawsuit (California Code of Civil Procedure § 335.1).
Warning: If your accident involved a government vehicle (like an MTS bus or a city truck), you have only six months to file an administrative claim. Missing these deadlines bars you from recovering compensation forever.
