Can a Passenger File an Accident Report in New York?

Passengers can be seriously affected by a car accident even though they were not behind the wheel.

They may suffer injuries, speak with police, provide information to insurers, and receive medical treatment long after the collision. A passenger may also have a clearer view of a traffic signal, another vehicle’s movement, or what happened immediately before impact.

That involvement often creates confusion about New York accident reporting requirements.

Can a passenger file Form MV-104? Does a passenger’s injury affect whether the accident must be reported?

New York law generally places the MV-104 filing obligation on the driver. Passengers still play an important role in documenting injuries and preserving an accurate accident record.

The MV-104 Is Generally Filed by the Driver

Form MV-104 is formally titled the Report of Motor Vehicle Accident. New York law directs drivers involved in qualifying accidents to submit the report to the Department of Motor Vehicles.

Under New York Vehicle and Traffic Law § 605, a driver must file an MV-104 within 10 days when an accident results in personal injury, death, or property damage to any one person exceeding $1,000.

You can review the statute here:
New York Vehicle and Traffic Law § 605

A passenger does not ordinarily assume that duty merely because they were riding in one of the vehicles. The filing obligation remains connected to the driver involved in the collision.

The passenger’s injuries can still determine whether the driver is required to file.

How Passenger Injuries Trigger the Reporting Requirement

The MV-104 requirement is not limited to injuries suffered by drivers.

An injury to any person involved in the accident can trigger the reporting requirement under § 605. That includes passengers in either vehicle, children riding with a parent, and occupants of taxis, rideshare vehicles, or borrowed cars.

A driver may initially believe that the accident involved only property damage. If a passenger later seeks medical care for neck pain, headaches, dizziness, or another crash-related condition, the accident may need to be evaluated differently.

What first appeared to be a minor collision may become one that requires formal reporting to the DMV.

Delayed Symptoms Can Change the Accident Record

Not every passenger injury is apparent at the scene.

Adrenaline can mask pain, and symptoms associated with whiplash, concussion, or soft tissue injuries may not develop until hours or days later. A passenger who declined an ambulance may still need medical attention after returning home.

Medical records help establish when symptoms appeared, what treatment was provided, and how the condition developed. That information may also affect the driver’s MV-104 filing obligation.

A lack of immediate treatment does not mean the accident involved no injuries.

What Information Can a Passenger Provide?

Passengers often observe details that drivers miss.

A driver may be focused on braking or avoiding impact. A passenger may notice the color of a traffic signal, the movement of another vehicle, or whether the other driver appeared distracted.

Those observations can assist police officers, insurance adjusters, and others reviewing the accident. They may also help the driver prepare a more accurate MV-104.

Passengers should distinguish between what they personally observed and what they later heard. Factual information carries more value than assumptions about fault or speed.

Documenting the Scene From a Passenger’s Perspective

A passenger who is physically able to do so can help preserve the accident scene.

Photographs may show vehicle positions, impact damage, skid marks, traffic controls, weather conditions, or nearby businesses with surveillance cameras. A passenger may also collect witness information while the driver speaks with police or exchanges insurance details.

That documentation can become important when vehicles are moved quickly or the roadway is cleared before a full investigation occurs.

Police Reports May Include Passenger Statements

Law enforcement officers often speak with passengers while investigating a collision.

A passenger statement may be included in the police report or used to clarify conflicting accounts from the drivers. The passenger may also be identified as an injured occupant even when symptoms are still developing.

Passengers should provide accurate information based on their own observations. The police report does not replace the driver’s MV-104 obligation, but it may provide useful information for completing the form.

Passenger Claims and Driver Reporting Are Separate Issues

A passenger’s insurance claim is separate from the driver’s duty to report the accident to the DMV.

The passenger may need to provide medical records, treatment bills, photographs, and other claim documentation. The driver must separately determine whether Form MV-104 is required.

The MV-104 satisfies a statutory reporting duty. A passenger’s claim seeks payment for accident-related losses under the available insurance coverage.

What If the Driver Cannot Complete the Report?

An accident may leave the driver hospitalized or unable to handle paperwork.

New York Vehicle and Traffic Law § 605 includes provisions addressing reports when a driver is physically incapable of filing. Depending on the circumstances, another person with responsibility for the vehicle may need to address the reporting obligation.

A passenger does not automatically become responsible because the driver is unavailable. Serious accidents involving an incapacitated driver deserve immediate attention because the 10-day period continues to run.

What If the Driver Refuses to File?

A passenger may believe the accident clearly involved injury while the driver insists no report is necessary.

The passenger cannot control whether the driver complies with § 605. The passenger can preserve medical records, photographs, witness information, police documentation, and insurance correspondence connected to the crash.

A driver’s refusal to file does not erase the accident or the passenger’s injuries.

Why the Ten-Day Deadline Still Matters

The MV-104 filing deadline begins on the date of the accident.

Delayed symptoms, medical appointments, and insurance communications can consume much of that period. Once a passenger reports an injury or begins treatment, the driver should reassess whether the accident meets the filing requirement.

Failure to file when required can lead to DMV action. Under New York Vehicle and Traffic Law § 510, the Department of Motor Vehicles may suspend driving privileges for noncompliance with accident reporting laws.

You can review the statute here:
New York Vehicle and Traffic Law § 510

Passenger injuries can therefore affect both the insurance claim and the driver’s legal duty to report the accident.

Understanding the Passenger’s Role After a Crash

Passengers generally do not file the MV-104 in place of the driver.

Their role remains important. Passenger injuries may trigger the reporting requirement, passenger observations may help explain how the crash occurred, and passenger documentation can strengthen the accident record.

The driver handles the statutory filing. The passenger documents injuries and participates in any insurance claim involving their losses.

Contact a New York Automobile Accident Attorney in Your Area

If you were injured as a passenger in a New York motor vehicle accident, an attorney can review the available insurance coverage, your medical documentation, and the options for pursuing compensation.

And if the accident requires a New York MV-104 accident report, Report A Crash provides a direct way for the responsible driver to complete the filing accurately and within the required timeframe.