Do I need a lawyer after a car accident in San Jose?
The local steps are quoted from San Jose agency pages and the California rules from state law, each with a link. Checked September 17, 2026.
The short answer
San Jose sits in Santa Clara County, so a crash lawsuit is filed in the Superior Court of California, County of Santa Clara, and you can handle it yourself in small claims if the claim is $12,500 or less. Before any of that, the insurer will want the San Jose 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 Jose you get it here.
Where your report comes from
San Jose crash reports are sold online through LexisNexis BuyCrash, which lists the San Jose Police Department as its own jurisdiction.
“Jurisdiction: San Jose Police Department”
How long you wait for it
Give it at least 45 days from the date of the crash before you look for the San Jose report online.
“Please allow a minimum of 45 days from the date of the collision to inquire online.”
Whose name is on it
The San Jose Police Department works crashes on city streets in San Jose, and its non emergency number is (408) 277-8900.
The bill that grows while you decide
Towing and storage in San Jose
A car towed after a San Jose crash goes to a tow company on the police rotation, and you pay that company directly: $335.00 for a basic tow and $130.00 a day of storage, plus a $122.00 release fee to the city.
“All charges to be paid directly to the Tow Company and NOT to the City of San Jose.”
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 Jose case is filed, and when you don't need a lawyer at all
The court that would hear it
San Jose sits in Santa Clara County, so a crash lawsuit is filed in the Superior Court of California, County of Santa Clara, and you can handle it yourself in small claims if the claim is $12,500 or less.
“As an individual you can use Small Claims Court if your claim is for $12,500 or less.”
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 Jose 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.