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Santa Clara County

What should you do after a car accident in San Jose?

In San Jose, the agency that came out to your crash keeps the report. Call 911 first if anyone is hurt. Then trade names, driver license numbers, insurance, and plate numbers, and write down the time and the cross streets. California Vehicle Code section 20012 says the agency the crash was reported to must release the report to a person with a proper interest.

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Where this comes from

You can open every source we used

We checked these original sources on September 5, 2026. Each link opens the source so you can read it for yourself.

Original links

Sources and what they explain

California Highway Patrol

Request a Crash Report

Where it applies
San Jose, California
What it helps explain
Lists who counts as a proper party of interest, the Crash Portal, form CHP 190, and the instruction to contact the Area office for the fee amount.
Date checked
Live public source; retrieved September 5, 2026
California Highway Patrol

CHP FAQ, collision section

Where it applies
San Jose, California
What it helps explain
Says CHP can only obtain copies of collisions it investigated, that reports cannot be filed online, that any CHP office can take a report, and how the copy fee works.
Date checked
Live public source; retrieved September 5, 2026
California Legislative Information

California Vehicle Code section 20012

Where it applies
San Jose, California
What it helps explain
The statute itself. It says the agency the accident was reported to must disclose the full report to a person with a proper interest, and caps the copy fee at actual cost.
Date checked
Live public source; retrieved September 5, 2026

The agency that took your San Jose crash report

How to get the crash report in San Jose

In San Jose, a city street crash and a freeway crash can end up with different agencies. California law sets who may get a copy. Here is how to work out where to ask.

  1. 01

    Find out which agency worked the crash

    CHP says it can only get copies of collision reports CHP investigated. If a city police department or a sheriff took your report, ask that agency. CHP says that if you do not know who investigated, your local police department or a CHP office can help you identify the right agency.

    California Highway Patrol
  2. 02

    Check that you have a proper interest

    California Vehicle Code section 20012 names who may get an accident report. It lists the drivers involved, a guardian or conservator, the parent of a minor driver, an authorized representative, any named injured person, owners of damaged vehicles or property, people who may face civil liability, and their attorneys.

    California Legislative Information
  3. 03

    Expect to pay for the copy

    Section 20012 also says a request for a copy of an accident report must come with a fee, and that the fee cannot be more than the actual cost of providing the copy. Ask the agency that holds your report what it charges and how it wants to be paid.

    California Legislative Information
  4. 04

    If CHP worked a freeway crash

    If CHP investigated the crash, a proper party of interest can request the report online through the CHP Crash Portal, or send form CHP 190 to a CHP Area office in person or by mail. Have the crash date, the location, and the driver or owner name ready.

    California Highway Patrol

Agencies change their forms, portals and fees. Open the linked page before you pay for anything, and keep a copy of every request you send.

Federal fatal-crash counts, 2022 to 2024

What the federal record shows for San Jose

fatal crashes
321
people who died
338
with a pedestrian recorded
142
with a large truck recorded
24

That is 2.8% of every fatal crash the federal file records in the state over the same three years.

These are crashes in which at least one person died within 30 days, as counted by the National Highway Traffic Safety Administration. They are not a count of all crashes, injuries, insurance claims or lawsuits, and most crashes are not in this file at all.

The counts are not adjusted for population, road miles or how much people drive, so they cannot say one place is more dangerous than another. A crash appearing here does not show who was at fault, whether anyone was insured or whether anyone has a claim.

Open the federal source file CSV JSONCounted from the 2022 to 2024 national files.

Things people run into in San Jose

  • A crash on a Santa Clara County freeway can be a CHP case. CHP releases only the reports CHP investigated, so ask the agency that came out.
  • California law says the agency the crash was reported to must disclose the full report, including names, addresses, diagrams, driver statements, and witness statements, to a person with a proper interest.
  • CHP says you may file a traffic collision report at any CHP office in California, no matter where the collision happened.

Questions

Common questions in San Jose

Who can get a copy of a San Jose crash report?

California Vehicle Code section 20012 sets the list. It covers the drivers involved and their guardian or conservator, the parent of a minor driver, an authorized representative, named injured people, owners of damaged vehicles or property, people who may face civil liability, and attorneys who declare under penalty of perjury that they represent one of them.

How much does a San Jose collision report cost?

California Vehicle Code section 20012 says a request has to come with a fee, and that the fee cannot be more than what it actually costs the agency to provide the copy. The amount is set by the agency that holds the report, so ask that agency before you send anything.

Who has the report if my crash was on a freeway near San Jose?

It depends on which agency investigated. CHP says it can only get copies of the reports CHP investigated, and that your local police department or a CHP office can help you work out who came out. If it was CHP, a party of interest can use the CHP Crash Portal or form CHP 190.

A quick reality check

What this page can and cannot tell you

This page cannot decide fault, medical cause, insurance coverage, legal deadlines, case value or whether you have a claim. Those questions depend on the complete facts, records, state law and a licensed attorney's review.

Last updated

September 5, 2026

We opened every San Jose agency page linked here on this date and rewrote anything that had changed.

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