San Jose Accident Guide
If you were hurt in a crash in San Jose, this guide shows where to get your police report, how to file a claim against the City of San Jose or Santa Clara County, which intersections and freeways see the most crashes, and the deadlines that matter. Each fact links to the official source.
How do I get a police accident report in San Jose?
It depends on who wrote the report. SJPD handles crashes on city streets in San Jose, and CHP covers freeways. Request SJPD reports online, in person, or by mail; mail requests cost $16. Wait at least 45 days before searching online. Fatal crash reports are mail or in person only. CHP reports are online or by CHP 190 form.
| Agency | How to request | Wait, fee, and rules |
|---|---|---|
| SJPD (city streets in the City of San Jose) | Online: the Get a Report link on SJPD’s Vehicle Accident Reports page. Mail: the Vehicle Accident Report Request Form with payment to San Jose Police Department, Records Unit, 201 W. Mission Street, San Jose, CA 95110. In person: same address. Records Unit: (408) 277-4261. | Allow at least 45 days before searching online. Mail fee: $16.00 check or money order payable to the City of San Jose. Reports involving emergency vehicles, a death, a felony hit and run, or a cited juvenile, and reports from before December 31, 2017, are mail or in person only. Source: SJPD: Vehicle Accident Reports |
| CHP (freeways and state highways) | Online: CHP Online Crash Report System. In person or mail: CHP 190 form (PDF) to any CHP Area office. | Online reports are usually ready about 8 business days after the crash. Fee: $10 for 1 to 25 pages, $10 more per added 25 pages; check or money order. Attach a copy of your ID or have the form notarized. Source: CHP: Request a Crash Report; CHP 190 instructions |
If the report gets the facts wrong or blames you, read what to do when a California collision report blames you.
Who is allowed to get a copy of the crash report?
California limits crash reports to people with a proper interest. That includes drivers, injured people, passengers, vehicle or property owners, parents of injured minors, guardians, and their lawyers or insurance companies. You will usually need ID and the report number, date, and location. A lawyer can request it for you.
- The rule is in Vehicle Code §20012.
- Have the date, time, location, names, and report or case number if you have it.
How do I file a claim against the City of San Jose?
File a written claim with the San Jose City Clerk within six months of an injury. Mail or deliver the signed Claim Against the City form to the Office of the City Clerk, 200 East Santa Clara Street, Tower, 14th Floor. Attach copies of receipts and other records to the original. Call (408) 535-1260 with questions.
| Way to file | Details |
|---|---|
| Form | Claim Against the City of San Jose (PDF), from the City Clerk’s File Claim Against City Form page. |
| Mail or in person | Office of the City Clerk, City of San José, 200 E. Santa Clara Street, Tower, 14th Floor, San José, CA 95113. |
| Questions | (408) 535-1260. |
Source: City of San Jose claim form. Tripped on a broken city sidewalk? See suing a California city or county over a broken sidewalk.
How do I file a claim against Santa Clara County?
Complete and sign the County Claim Form and submit it to the Office of the Clerk of the Board of Supervisors, 70 West Hedding Street, East Wing, 10th Floor, San Jose. Injury claims are due within six months. The County’s claim page has the form, plus versions in Chinese, Spanish, Tagalog, and Vietnamese.
- Form and instructions: Clerk of the Board: File a claim of loss against the County.
- Keep a signed copy of everything you file.
Other public agencies
| Agency | How to file |
|---|---|
| Caltrans (state highways) | Claims of $12,500 or less for injury or personal property: form DOT LD-0274 to the Caltrans district claim office listed on the Caltrans page. Larger claims go to DGS. Caltrans: Submit a Damage Claim |
| Other State agencies | DGS Government Claims Program ($25 fee or fee waiver request). DGS: File a Claim |
What is the timeline for a government claim in California?
For an injury, you generally have six months to file the claim. The agency then has 45 days to act, and silence counts as a denial. After a written denial you usually have six months to sue. If no proper written notice is sent, the lawsuit deadline is generally two years.
| Stage | Usual deadline | Law |
|---|---|---|
| 1. File the claim | Within 6 months of the injury | Gov. Code §911.2 |
| 2. Missed it? Ask to file late | Within a reasonable time, no later than 1 year | Gov. Code §911.4 |
| 3. Agency decides | 45 days; no answer counts as a denial | Gov. Code §912.4 |
| 4. File the lawsuit | 6 months after written denial notice; 2 years if no proper notice | Gov. Code §945.6 |
| 5. Late claim denied | Ask the court for relief within 6 months | Gov. Code §946.6 |
Exceptions can shorten or lengthen these dates. For the general two-year rule and other deadlines, read how long you have to file a personal injury claim in California.
What are the most dangerous intersections in San Jose?
In SJPD collision records for 2022 through 2024 in the state’s crash database, the intersections with the most reported crashes were Capitol Expressway and Tully Road, Blossom Hill Road and Snell Avenue, and Capitol Expressway and Senter Road. Four of the top ten are on Capitol Expressway, and four are on Tully Road.
| Rank | Intersection | Reported collisions, 2022 to 2024 |
|---|---|---|
| 1 | Capitol Expy and Tully Rd | 26 |
| 2 | Blossom Hill Rd and Snell Ave | 24 |
| 3 | Capitol Expy and Senter Rd | 22 |
| 4 | Curtner Ave and Monterey Rd | 22 |
| 5 | King Rd and Story Rd | 22 |
| 6 | Capitol Expy and Quimby Rd | 21 |
| 7 | King Rd and Tully Rd | 19 |
| 8 | McLaughlin Ave and Tully Rd | 19 |
| 9 | Capitol Expy and Snell Ave | 18 |
| 10 | 11th St and Keyes St | 17 |
Method: San Jose Police Department (SJPD) collision records in the CHP Crash Reporting System (CCRS), January 1, 2022 to December 31, 2024, counting crashes coded at the intersection itself (no distance from the cross street), combining both street orders and spelling variants, and leaving out freeway ramps. These are only the reports SJPD submitted to the state database, not every crash, and ties are listed alphabetically. Data pulled October 27, 2026 from CCRS on the California Open Data Portal.
Many of these crashes involve people walking or riding. See your rights after being hit by a car as a pedestrian and who pays after a bicycle or e-bike crash. If the driver fled, read what happens after an uninsured or hit-and-run crash.
Which San Jose freeways have the most crashes?
In CHP crash records for 2024 within San Jose city limits, US-101 had the most freeway crashes, followed by I-280, SR-87, I-880, and I-680. US-101 also had the most deaths of any freeway in the city that year, and these five routes together carried most of the freeway crashes CHP reported.
| Freeway | Crashes | People injured | People killed |
|---|---|---|---|
| US-101 | 903 | 330 | 11 |
| I-280 | 823 | 303 | 3 |
| SR-87 | 492 | 170 | 2 |
| I-880 | 489 | 193 | 1 |
| I-680 | 354 | 146 | 3 |
| SR-85 | 287 | 108 | 2 |
Method: CHP Crash Reporting System (CCRS) records for calendar year 2024 where the city is San Jose and the crash is marked as on a freeway, grouped by route (both directions). CCRS reflects CHP reports, and recent data can change as reports are reviewed. Data pulled October 27, 2026 from CCRS on the California Open Data Portal.
Freeway crashes often involve big rigs and rideshare drivers. See our pages on California truck accidents and rideshare accident claims.
Do I need to report the crash to the DMV?
Yes, if anyone was hurt or killed, even slightly, or property damage was over $1,000. Each driver must file form SR-1 with the DMV within 10 days, even if police made a report. Your insurance agent, broker, or lawyer can file it for you. Skipping it can lead to a license suspension.
- File online or on paper: DMV: Report of Traffic Accident (SR-1). Law: Vehicle Code §16000.
- If someone was hurt, a written report to CHP or the city police is also due within 24 hours: Vehicle Code §20008.
Where do I file an injury lawsuit in San Jose?
Most San Jose injury lawsuits are filed in Santa Clara County Superior Court. Civil cases are heard at the Downtown Superior Court and the Old Courthouse in San Jose. The Downtown Superior Court at 191 North First Street handles civil filings, and its lobby drop box takes civil documents during business hours.
- Downtown Superior Court: 191 N. First St., San Jose, CA 95113, civil (408) 882-2100. Source: Santa Clara Superior Court: Downtown Superior Court
- Civil overview and e-filing: Santa Clara Superior Court: Civil Division.
What should I do next after a San Jose crash?
Get medical care, keep every bill and record, request the crash report, and write down your deadlines. File a government claim within six months if a public agency may share blame. Tell your insurer promptly, but think before giving a recorded statement to the other driver’s insurer about your injuries.
- Step by step: what to do after a car accident in California.
- How value is judged: what your California personal injury case may be worth.
- Low policy limits: how underinsured motorist coverage works in California.
- By crash type: car accidents, pedestrian accidents, bicycle accidents, motorcycle accidents, truck accidents, and rideshare accidents.
- Forms you may need: California injury forms, insurer claim lines, medical records, and liens.
- Other cities: see all California accident guides.
Deadlines and next steps depend on facts this page can’t see. You can talk with Geller Legal about your options. Call 213-770-4870. No fee unless we recover.*
Contact Geller LegalCall 213-770-4870*Under our written contingency fee agreement, if there is no recovery you owe no attorney fees and do not have to repay the case costs we advanced. Medical bills and other non-litigation expenses remain your responsibility. Offices in Los Angeles and Oakland.
This page is general information about California law and San Jose procedures, not legal advice, and reading it does not create an attorney-client relationship. Fees, forms, and agency procedures change; confirm with the linked official source. Prior results do not guarantee a similar outcome. Attorney advertising. Geller Legal, a dba of The Geller Firm, Inc.