You were hit on the 880, the 101, or a city street in Oakland or San Jose. Now you have pain, a damaged car, and an adjuster who already wants to talk. This guide covers what to do next in the East Bay and South Bay in 2026.
The short answer
Get medical care, get the report number, and do not give a recorded statement to the other driver's insurer. CHP handles most freeway crashes in the Bay Area. The Oakland Police Department and the San Jose Police Department handle crashes on their own city streets. You generally have two years to bring an injury claim against a driver, but if a city, county, transit agency, or Caltrans played a part, the deadline can be six months.
Who takes the report in Oakland?
- Interstate 880, Interstate 580, Interstate 980, Highway 24, Highway 13, and the Bay Bridge approaches: the California Highway Patrol, Oakland Area office.
- City streets inside Oakland, like International Boulevard, Broadway, MacArthur Boulevard, and Telegraph Avenue: the Oakland Police Department.
- Unincorporated Alameda County, such as Castro Valley or San Lorenzo: usually CHP.
The 880 carries container trucks in and out of the Port of Oakland all day. When a commercial truck hits you, there may be a trucking company, a separate chassis owner, and a larger policy than a personal car carries. Our truck accident lawyers can send a letter to preserve driver logs and dashcam footage before it is overwritten.
Who takes the report in San Jose?
- US 101, Interstate 280, Interstate 680, Interstate 880, Highway 87, Highway 85, and Highway 17: the California Highway Patrol, San Jose Area office.
- City streets inside San Jose, like Story Road, Tully Road, King Road, and the downtown grid: the San Jose Police Department.
- Unincorporated Santa Clara County roads: usually CHP.
San Jose drivers deal with long, fast expressways and wide intersections where one red light runner or one rushed left turn causes a serious crash. Highway 17 toward Santa Cruz adds sharp curves and sudden slowdowns.
Ask for the report number before you leave the scene. If no officer came and someone was hurt, you must report the crash to the DMV within 10 days on form SR-1.
What to do in the first week
- Get checked out. Highland Hospital in Oakland and Santa Clara Valley Medical Center in San Jose both treat crash patients. Whiplash and concussions often feel worse days later.
- Follow up with your doctor. Adjusters point to gaps in treatment.
- Photograph everything. Both cars, the road, debris, plates, and any truck's company name and DOT number.
- Find the video. Bay Area streets are full of doorbell cameras, business cameras, and dashcams. Ask nearby shops right away, because many systems record over themselves within days.
- Report it to your own insurer. You owe your own company cooperation.
- Stay off the phone with the other insurer. Our guide on recorded statements to the adjuster explains why.
Hit by a bus, a city truck, or a bad road?
AC Transit and VTA buses, city trucks, and county vehicles belong to public agencies. So do the roads and signals. Under Government Code 911.2, a claim against a public agency usually must be filed in writing within six months of the injury. Miss it and the claim can be lost. Our government claim guide walks through the steps.
How much insurance does the other driver have?
California minimum limits are $30,000 per person, $60,000 per accident, and $15,000 for property damage as of 2025. In the Bay Area, with its medical and repair costs, the minimum can run out fast. Your own uninsured and underinsured motorist coverage can step in when it does. If you were partly at fault, you can usually still recover a reduced amount.
Where your case would be filed
A lawsuit over an Oakland crash is usually filed in Alameda County Superior Court. A San Jose crash is usually filed in Santa Clara County Superior Court. Under Code of Civil Procedure 335.1, you generally have two years from the injury to file against the driver.
We handle cases in Oakland and San Jose by phone, text, and video, and we come to you when it matters. Our car accident lawyers help people across the San Francisco Bay Area. No fee unless we win.
This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.
Keep reading
- Car Accidents: how we handle these cases
- Injury lawyers serving San Francisco Bay Area
- Wrongful Death in California: Who Can Sue and the Deadlines (2026)
- Hit and Run in California: What to Do in the First 24 Hours (2026)
- Car Accident in Merced: What to Do, Who Takes the Report (2026)
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