FAQs
Q. When is the MV-104 required?
A. The MV-104 Report of Motor Vehicle Accident must be filed after any accident that involves personal injury, a fatality, or more than $1,000 in property damage.
Q. Which driver has to submit the MV-104?
A. Every driver involved in a qualifying crash must complete the MV-104 form, regardless of who was at fault.
Q. Does the $1,000 property damage threshold apply to my car or the other driver’s car, depending on who was at fault?
A. The $1,000 property damage threshold applies to damage to anybody’s property, whether it is your car, the other driver’s car, or property owned by a third party.
Q. Does the $1,000 property damage threshold apply to damage to just one vehicle or the amount of damage to both vehicles combined?
A. The $1,000 property damage threshold applies to “the property of any one person.” If the accident did not cause a personal injury, fatality, or more than $1,000 in property damage to any one person, then there is no legal requirement to complete and submit the MV-104 to the DMV.
Q. How long do I have to file the MV-104?
A. The MV-104 must be filed within ten days from the date of the accident.
Q. What happens if I don’t submit the MV-104?
A. You can be charged with a misdemeanor criminal offense. Failure to file is also grounds for the DMV to suspend your driver’s license and/or vehicle registration until the report is filed.
Q. What do I do if the DMV suspends my license because I didn’t turn in the form?
A. The DMV will lift the suspension once they receive the completed MV-104, so if you haven’t completed it yet, do so now. At the top of the form, you’ll find a box marked RUSH for drivers whose license has been suspended for failure to report. Be sure and check this box to get your suspension lifted at the earliest possible opportunity.
Q. What if my injuries keep me from filling out the form in ten days?
A. If the operator of the vehicle is physically incapable of making the report, another accident participant who is not incapacitated must make the report. If the driver is incapacitated but is not the owner of the vehicle, then the owner of the vehicle should make the report within ten days of learning about the crash. If signing as a representative of the driver, there is a box to check at the bottom of the firm indicating the reason (injury or death) why the driver cannot complete the form. The form is not complete unless it is signed by the driver or a representative.
Q. How can I get a copy of my car accident report?
A. The DMV maintains accident reports for four years, and you can request a copy from the DMV 30 days after the accident. Depending on where the crash occurred (inside or outside of New York City, on a city street or highway), you can get a copy of the police report from the local precinct, the State Troopers, or the DMV.
Q. Do I have to notify my insurance company about the crash?
A. Notifying your no-fault insurer or the other driver’s insurance company might be a necessary part of pursuing a claim for personal injury benefits or getting your insurer to defend you or settle a claim against you.
Q. Will the insurance company pay a claim without an MV-104?
A. If the claim is small, the insurance company might pay it without requiring a copy of the accident report, but insurers will demand proof of the accident before paying a costly claim. The MV-104 can serve as proof of the accident to get your claim paid by the insurance company.
Q. Do non-residents of New York have to report the accident to the New York DMV?
A. Yes. Every driver involved in an accident in New York should turn in the MV-104 if the accident meets the criteria for filing the form.
Q. What happens if a non-resident fails to file the MV-104?
A. Non-residents can have their driving privileges in New York suspended or revoked, as well as the operation of any motor vehicles they own.
Q. Does the law apply to accidents involving bicycles?
A. A bicycle accident that involves death or serious physical injury triggers a duty on the operator of the bicycle to report the crash. Collisions with pedestrians also trigger the obligation to file the MV-104 if personal injury or death resulted.
Q. Where can I find the law requiring me to file a report?
A. New York Vehicle and Traffic Law § 605. See our Resources page for a link.
Q. Where can I get help filling out the form MV-104?
A. Click Here for step-by-step instructions on how to submit your MV-104.
Q. Can I just leave a note if I hit a parked car?
A. You are required to contact the police immediately after a collision if you hit a parked vehicle or otherwise damaged property and you cannot locate the owner of the vehicle or other damaged property. Calling the police is also required if you hit and injured or killed a domestic animal.
No-Fault/Serious Injury FAQs
Q. What if am a pedestrian who was hit by a car?
A. You can apply for no-fault benefits under your Personal Injury Protection coverage or the driver’s PIP insurance. If you were seriously injured, you can sue the driver for negligence.
Q. What if I was injured in a car crash while riding my motorcycle?
A. New York’s no-fault insurance law does not apply to motorcyclists, and motorcyclists do not carry Personal Injury Protection (no-fault) insurance. You can sue the driver who caused the crash and recover monetary damages for your physical injuries, lost wages, and pain and suffering, provided you can prove the other driver was negligent and at fault. A New York personal injury lawyer can help you get a settlement or jury verdict that compensates you for your losses.
Q. What if I don’t have no-fault insurance because I don’t own a car?
A. You might be eligible for no-fault benefits through the Motor Vehicle Accident Indemnification Corporation (MVAIC). MVAIC is a non-profit organization created by the New York State Legislature to provide no-fault and bodily injury coverage to NY residents involved in a crash who don’t otherwise have automobile insurance (no insured vehicle owned by the victim or a household relative, not the owner of an uninsured vehicle involved in the accident, not the spouse of the uninsured vehicle’s owner but injured as a passenger in the uninsured vehicle). To qualify for benefits, the accident must be reported to the police within 24 hours of the crash. You must also submit a Notice of Intention to MVAIC within 90 days of the accident if the accident was with a hit-and-run or unidentified motor vehicle, or within 180 days if the accident was with an identified motor vehicle.
Q. What is a “serious injury” under New York’s no-fault law?
A. A serious injury is one that meets one of the following criteria:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment of a non-permanent nature that prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.
If you or a loved one suffered any of these injuries after a New York car accident, reach out to a New York car accident lawyer who can help you get maximum compensation for your injuries.
Q. How much will it cost me to hire a lawyer?
A. Car accident lawyers don’t charge for consultations, and they take cases on contingency, meaning they only charge a fee if they are successful in recovering compensation on your behalf. Their fees are based on the size of the award they recover and at what stage the recovery occurred (pre-suit settlement, trial, appeal, etc.).
