How to Report Motor Vehicle Accidents in New York: Understanding the MV-104 Form

The aftermath of a motor vehicle accident can be overwhelming and confusing, but taking immediate steps to properly document and report the incident is critical to protect yourself. In New York State, accident reporting is not just a best practice—it's a legal requirement that carries significant implications for your insurance coverage, potential compensation, and legal standing. Failing to report an accident promptly can lead to serious consequences, including the suspension of your driver's license, denial of insurance claims, and even potential misdemeanor charges.

Timely reporting through proper channels also creates an official record of the accident while witness memories are fresh and physical evidence is still available. This documentation becomes the foundation for filing any insurance claims and pursuing compensation for vehicle damage, medical bills, lost wages, and pain and suffering. 

Insurance companies rely heavily on official reports like the MV-104 when assessing coverage and fault. Delays in filing can raise red flags, giving insurers grounds to question or deny even legitimate claims—potentially leaving you personally responsible for costs that should be covered under your policy.

What Is the MV-104 Form?

The MV-104 form, officially titled "Report of Motor Vehicle Accident," is New York State's standardized form for documenting motor vehicle accidents. It serves as the official accident report filed with the New York State Department of Motor Vehicles (DMV) and becomes part of your permanent driving and legal record.

This multi-section document captures critical information, including:

• Driver and vehicle details
• Accident location and time
• Weather and road conditions
• Property damage and injury details
• Insurance information

Think of the MV-104 as your accident’s “official record of events”—a legal document that follows your case through insurance claims, liability investigations, and potential court proceedings. While completing the form may feel like a bureaucratic chore, its value in protecting your rights and supporting your claim cannot be overstated.

When Are You Required to File an MV-104 Form?

Under Section 605 of the New York State Vehicle and Traffic Law, you are legally required to file the MV-104 if any of the following apply:

• A person was injured in the accident
• A person was killed 
• There was property damage exceeding $1,000 to any one person (including yourself)

These reporting requirements apply regardless of who was at fault. In qualifying accidents, each driver involved must submit their own MV-104 form if any of these conditions are met. The law gives you 10 days from the date of the accident to file the form with the DMV. This deadline is strictly enforced, and missing it can have serious consequences.

Many clients come to us after discovering their insurance claim has been complicated by a failure to file the MV-104 form within the required timeframe. What they don't realize is that this simple paperwork oversight can jeopardize their entire case. If you or a loved one have been injured in a car accident in New York, reach out to the Porter Law Group. We will walk you through the claims process step by step, to ensure that you are able to receive the best compensation possible for all your injuries and losses. View the results we've achieved for previous clients, and see why so many have trusted us during their time of great need.

Consequences of Not Filing the MV-104 Form

Failing to submit the MV-104 form when required can lead to multiple legal and financial consequences:

• License Suspension: The DMV may suspend your driving privileges until the report is properly filed.
• Legal Penalties: Failure to file within the 10-day window is classified as a misdemeanor offense under New York law.
• Insurance Complications: Insurance companies may delay, dispute, or even deny your claim without this official documentation.
• Weakened Legal Position: Without a timely, written record, your ability to prove liability or defend yourself in a lawsuit is significantly reduced

The 10-day window begins on the date of the accident, not the date you learn about the reporting obligation. This strict deadline often leaves accident victims rushing to complete the form while managing injuries, vehicle repairs, and the emotional toll of the crash.

Additional Legal Requirements Beyond the MV-104

Filing the MV-104 form is just one part of your legal obligations after a motor vehicle accident in New York. Failing to comply with additional requirements can jeopardize your case and expose you to criminal or civil penalties. Understanding these additional requirements is essential:

Immediate Police Notification

If an accident results in injury or death, New York law requires you to notify the police immediately. This is separate from your obligation to file the MV-104 form. Leaving the scene of an accident involving personal injury or death is a serious crime with severe penalties.

Exchange of Information

Even when the accidents result in property damage only, all involved drivers are legally required to exchange:

• Driver license information
• Vehicle registration details
• Insurance carrier and policy number

This exchange should happen at the accident scene, regardless of whether an MV-104 form will eventually be required.

Damage to Unattended Property

If you damage a parked vehicle or other unattended property, or injure a domestic animal, you must make a reasonable effort to locate the owner. If you cannot find them, you are required to report the incident to the police as soon as possible.

The immediate aftermath of an accident sets the stage for everything that follows. Taking the right steps—notifying police when required, exchanging information, and properly documenting the scene—creates a foundation for successfully navigating the claims and potential litigation process.

How to Complete the MV-104 Form Correctly

The MV-104 form includes multiple sections and must be completed with care. This form becomes an official legal record, and errors or omissions can negatively impact your insurance claim or legal case.

Essential Information Requirements

The form requires detailed entries for:

• Driver Information: Full legal names, addresses, date of birth, and driver’s license details for all involved drivers (exactly as they appear on the licenses)
• Vehicle Information: Make, model, year, registration details, and Vehicle Identification Number (VIN) for all vehicles involved
• Accident Details: Date, time, precise location, weather and road conditions, and traffic control signs / devices 
• Accident Description: An objective, factual account of how the accident occurred, including any contributing factors
• Damage Assessment: Description of damage to vehicles or property, with estimated repair costs
• Injury Information: Identification of any injured or deceased parties, including their position in the vehicle and the extent of injuries
• Insurance Information: Names of insurance companies, policy numbers, and coverage dates for all parties

Tips for Accurate Completion

When filling out the form:

• Use black or blue ink and print clearly
• Complete all required fields; use a dash ("–") if a question is not applicable and an "X" if you don't know an answer
• Be concise and factual in your description of the accident
• Include information for all involved parties, even if they were not injured
• Attach additional pages if the accident involved more than two vehicles or multiple injured parties
• Double-check all information for accuracy before signing and submitting

We often see clients who have inadvertently harmed their own cases by providing incomplete or inconsistent information on their MV-104 forms. Having professional guidance when completing these forms can make a significant difference in the outcome of your case.

Where to Get and How to Submit the MV-104 Form

The MV-104 form is readily accessible through several channels:

• Download and print the PDF form directly from the New York DMV website (www.dmv.ny.gov/forms/mv104.pdf)
• Visit any local DMV office to obtain a physical copy
• Request the form from your insurance company

Once completed, the form must be submitted to:

CRASH RECORDS CENTER
6 Empire State Plaza
PO Box 2925
Albany NY 12220-0925

The form must be signed by the driver, unless they are physically unable due to injuries. Always retain a copy for your personal records.

How the MV-104 Form Affects Insurance Claims and Legal Proceedings

The importance of the MV-104 form extends far beyond fulfilling a legal requirement. This document becomes foundational in both insurance claims processing and personal injury litigation following a motor vehicle accident in New York.

Impact on Insurance Claims

Insurance companies rely heavily on the MV-104 form when processing claims. The information provided helps insurers:

• Establish the basic facts of the accident
• Assess the extent of vehicle damage and personal injuries
• Determine potential liability of the parties involved
• Validate the timing and circumstances of the accident

Filing the MV-104 accurately and within the 10-day deadline can expedite your insurance claim and demonstrate your compliance with legal and policy obligations.

On the other hand, errors, inconsistencies, or delayed submissions can create complications that delay claim processing or lead to denied coverage.

Legal Significance in Personal Injury Cases

For individuals who suffer injuries in motor vehicle accidents, the MV-104 form often becomes a key piece of evidence in personal injury litigation. It plays a crucial role in:

• Establishing a contemporaneous account of how the accident occurred
• Documenting accident conditions, such as lighting, weather, and road surfaces
• Noting injuries or potential injuries reported at the scene
• Supporting an official, time-stamped timeline of the event

The MV-104 form often becomes Exhibit A in motor vehicle accident cases. Having an experienced personal injury attorney review your form before submission can help ensure you're not inadvertently undermining your own case with problematic language or omissions.

At the Porter Law Group, we regularly assist clients in reviewing and preparing MV-104 forms to ensure they are clear, consistent, and fully supportive of any insurance or legal claims that may follow.

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Why Choose the Porter Law Group for your New York Car Accident Case?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to choose the best lawyer for you and your family. Hire the lawyers most recommended by former clients and local attorneys, and the firm that delivers superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

Contact a New York Car Accident Lawyer

The MV-104 form represents just one component of the complex legal landscape that follows a motor vehicle accident in New York. While understanding the form's importance is a crucial first step, having experienced legal counsel can make a significant difference in protecting your rights and maximizing your potential compensation.

The Porter Law Group has helped countless New Yorkers navigate the aftermath of motor vehicle accidents, from properly completing and filing the MV-104 form to securing fair settlements from insurance companies and pursuing litigation when necessary. Our experienced team understands that each accident is unique, and we provide personalized guidance tailored to your specific situation.

If you've been involved in a motor vehicle accident in New York, don't leave your future to chance. Contact the Porter Law Group today at 833-PORTER9 or email info@porterlawteam.com for a free consultation. Let us help you navigate the complex reporting requirements while focusing on what matters most—your recovery and protecting your legal rights.