Do I need a lawyer after a car accident in San Diego?
The local steps are quoted from San Diego agency pages and the California rules from state law, each with a link. Checked September 17, 2026.
The short answer
San Diego is in San Diego County, so a crash lawsuit is filed in the Superior Court of California, County of San Diego. You can sue for yourself in small claims for up to $12,500, and the filing fee runs $30 to $75 depending on the amount. Before any of that, the insurer will want the San Diego crash report, and if your car was towed the storage bill is growing while you decide. Nobody who is paid to take your case can tell you honestly whether you need one, so this page shows you the three things that actually decide it: what your own paperwork says, what California does about fault, and how much time is left.
Before you call anyone, get the report
Every insurer and every lawyer will ask for the crash report first. It is the document that says who the officer believed caused it. In San Diego you get it here.
Where your report comes from
San Diego police crash reports are ordered online through LexisNexis BuyCrash, which the department calls LexisNexis eCrash.
“Submit an online request through LexisNexis eCrash.”
How long you wait for it
Wait three to 10 business days after the crash before you ask for the report, so it can be submitted, processed and approved for release.
“please allow three to 10 business days from the date of the accident so the report can be submitted, processed and approved for release.”
Whose name is on it
The San Diego Police Department covers crashes on city streets in San Diego, and its non emergency line is 619-531-2000.
The bill that grows while you decide
Towing and storage in San Diego
A car towed by San Diego police goes to a city contracted impound yard, and AutoReturn is who you search or call to find it. The city's own rate schedule puts a standard tow at $196, storage at $45 a day, and adds a $63 city cost recovery fee.
“The City establishes the rates for all services charged by Tow Providers for City-initiated towing and storage.”
Storage is charged by the day, and an impound lot can sell a car that nobody claims. That clock runs whether or not anyone has admitted fault, so deal with the car first and argue about blame after.
Where a San Diego case is filed, and when you don't need a lawyer at all
The court that would hear it
San Diego is in San Diego County, so a crash lawsuit is filed in the Superior Court of California, County of San Diego. You can sue for yourself in small claims for up to $12,500, and the filing fee runs $30 to $75 depending on the amount.
“Effective January 1, 2024, the jurisdictional limit for small claims cases filed by individuals (including sole proprietors) increased from $10,000 to $12,500.”
A small claim you file yourself costs a filing fee and an afternoon. A claim worth more than the small claims limit, or one where you are hurt, is the kind people bring a lawyer into. Neither choice is ours to make for you.
How fault changes what you get
If you were partly at fault
California uses pure comparative negligence. You can still recover money even if you were mostly at fault for the crash; your payout is just reduced by your own percentage of fault, no matter how high it is.
“the doctrine of comparative negligence should be applied in this state in its so-called 'pure' form under which the assessment of liability in proportion to fault proceeds in spite of the fact that the plaintiff is equally at fault as or more at fault than the defendant”
How long you have
- 2 years
- to sue for injuriesCal. Code Civ. Proc. 335.1
- 3 years
- to sue for car or property damageCal. Code Civ. Proc. 338(c)
- 2 years
- for a family to sue after a deathCal. Code Civ. Proc. 335.1
- 6 months
- to notify the government if a public vehicle or road was involvedCal. Gov. Code 911.2
How injury lawyers charge in California
Contingency fee rules
California does not cap contingency fee percentages for ordinary car crash injury cases; those fees only have to be reasonable and in writing under the state's professional conduct rules. A specific fee cap in state law applies only to medical malpractice cases, not standard car accident claims.
“Twenty-five percent of the dollar amount recovered" when settlement occurs before filing a civil complaint or arbitration demand... "Thirty-three percent of the dollar amount recovered" after filing a complaint or arbitration demand”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
Other California rules that can change what you get
- If a San Diego vehicle or a road defect was involved
If a government vehicle, employee, or road is involved, you must present a claim to that government within 6 months of the crash for injury, death, or property damage, or you can lose the right to sue.
Cal. Gov. Code 911.2- If the insurer is the problem
To complain about an insurance company in California, file electronically through the California Department of Insurance's online complaint system, linked from its Getting Help page.
Source
Sources on this page
Each one was opened and checked on September 17, 2026.
The state law behind these steps
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.