Hit and Run in San Jose. California law, local courts, and the specific deadlines that apply here.

Call 911 at the scene immediately. A police report is required for hit and run insurance claims and triggers the law enforcement investigation that may identify the fleeing driver. Note the vehicle's direction of travel, make, model, color, and any partial plate. Photograph physical evidence at the scene. Notify your own insurer promptly. Seek medical evaluation within 24 hours.

Your own Uninsured Motorist (UM) coverage is the primary recovery source when the hit and run driver is never identified. California requires insurers to offer UM coverage. In San Jose, UM claims based on physical contact with the fleeing vehicle are straightforward. UM claims based on an unidentified phantom vehicle require independent witness corroboration or physical contact under California Insurance Code section 11580.2.

The statute of limitations for a hit and run personal injury claim is two years from the accident date under CCP section 335.1. However, your own auto insurance policy's notice and reporting requirements are typically shorter — review your policy and notify your insurer promptly after the accident. Late reporting can affect UM coverage availability regardless of the legal SOL.