How to Fill out Your MV-104 Accident Report
The better question is should you fill out an MV-104 Accident Report after your motorcycle accident? The short answer is no. You should always have your attorney fill out and file the report for you.
The law requires the operator of a motor vehicle to complete and file an MV-104 within 10 days your accident if there was a fatality, personal injury or damage over $1,000 to the property of any one person. Failure to file your report within 10 days is a misdemeanor. If you do not file your report, your license and/or registration may be suspended until a report is filed.
If you do not file your accident report, your license and/or registration will not be suspended until someone, usually another attorney, requests a copy of your report from the DMV. At that time, the DMV will send you a letter telling you that you must file your report within 30 days to avoid suspension of your license.
The reason you should not fill out your accident report, is because much of the information you fill out can be used against you in your accident case, even if you filled out the report truthfully and accurately!
This is an example of an MV104 accident report which was filled out with too much information. Sometimes, too much information can actually be too little such as when describing your injuries. Entering some injuries can be used to imply that you did not have any other injuries.
As indicated in red:
- These boxes can be confusing and we have seen people entering the wrong numbers in these boxes.
- The map even if drawn accurately can be used against you.
- The description is often written in a manner which can easily be used against you, even if you think you wrote it accurately.
- The numbers in these boxes are also confusing and are often entered inaccurately.
- The description of injuries is also important and as was entered in the above image, only listed a couple of the less serious injuries this client sustained.
When filling out an accident report for our clients, we enter very little information such as car struck motorcycle or two-car collision for the accident description. We fill out these reports for our clients for free because after an accident, you already have too many problems and since you’re not a lawyer, you don’t know how to fill out the report so as not to damage your case.
You can download an MV 104 but please don’t fill out any information other than your signature and make sure you give it to your lawyer. If we are your attorneys, we will send you a completed MV104 to sign and return to us so we can file it for you with the DMV.