When Do You Have to File an MV-104 Accident Report?
NYS law requires the operator of a motor vehicle to complete and file an MV-104 with NYS DMV within 10 days your accident in New York 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.
Do You Have to File an MV104 Accident Report?
If you do not file your MV-104 accident report, your license and/or registration will not be suspended until someone, usually an attorney for the other driver or insurance company, requests a copy of your report from the DMV.
If you did not file your MV-104 accident report and someone requests it, NYS DMV will send you a letter telling you that you must file your report within 35 days to avoid suspension of your driver’s license.
Should You Fill out Your MV-104 Accident Report Yourself?
Not if you were inured. If you were inured in a motorcycle accident you should always have your attorney fill out and file the MV104 report for you.
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! (see below)
How to Fill out Your MV-104 Accident Report
- At the top of the form, enter the accident date and other information on the same line.
- Box 1: enter the information for the drivers of all vehicles.
- Box 2: enter the registrant of all vehicles.
- Box 3: you can ignore the vehicle damage and accident diagram.
- Box 4: enter the location where the accident happened.
- Box 5: enter your name and information for persons involved.
- Box 6: Enter your insurance information including the name of your insurance company; policy number; name of policyholder; and the policy starting date and ending date. This is the information NYS DMV is really looking for.
- At the bottom, enter the date; print your name and sign.
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:
- 1. These boxes can be confusing and we have seen people entering the wrong numbers in these boxes.
- 2. The map even if drawn accurately can be used against you.
- 3. The description is often written in a manner which can easily be used against you, even if you think you wrote it accurately.
- 4. The numbers in these boxes are also confusing, are often entered inaccurately, and the wrong information about your injuries can hurt you.
- 5. 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 do not charge an extra fee to fill out these reports for our clients 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 if you were injured, 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.
If you were injured in an accident, call us right now for a free consultation.