- 1 When Do You Have to File an MV-104 Accident Report in New York?
- 2 Do You Have to File an MV-104 Accident Report in New York?
- 3 What Will Happen If I Don’t or Didn’t File an MV-104 Accident Report in New York?
- 4 Should You Fill out Your MV-104 Accident Report Yourself?
- 5 How to Fill out Your MV-104 Accident Report
When Do You Have to File an MV-104 Accident Report in New York?
NYS law requires the operator of a motor vehicle to complete and file an MV-104 with NYS DMV within 10 days of 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 MV-104 Accident Report in New York?
If you do not file your MV-104 accident report, your license and/or registration will not be suspended unless and until someone, usually, an attorney for the other driver or insurance company requests a copy of your report from the DMV.
What Will Happen If I Don’t or Didn’t File an MV-104 Accident Report in New York?
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. You must then file your MV-104 accident report.
Should You Fill out Your MV-104 Accident Report Yourself?
Not if you were injured. If you were injured in a motorcycle accident or car 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 that 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)
We’re New York’s largest motorcycle accident lawyers but we also represent people injured in car accidents. Call us for a free consultation and find out your rights days/nights/weekends.
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.
- Enter your name, address, and vehicle info on the left side for Driver of Vehicle 1
- Enter the other driver’s name, address, and vehicle info on the right side for Driver of Vehicle 2
- If there is more than one vehicle involved in the accident, use another sheet and enter vehicle # 3 on the left side.
- If you had a hit and run accident, on the right side for Driver of Vehicle 2 write “Left scene”
- Box 1 (red): enter the information for the drivers of all vehicles.
- Box 2 (red): enter the registrant of all vehicles.
- Box 3 (red): you can ignore the vehicle damage and accident diagram.
- Box 4 (red): enter the location where the accident happened.
- Box 5 (red): enter your name and information for persons involved.
- Box 6 (red): Enter your insurance information including the name of your insurance company; policy number; name of the 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 bad such as when describing your injuries. Entering some injuries can be used to imply that you did not have any other injuries. You can enter any serious injuries and write “plus additional injuries” or just write “too many injuries to list”.
When filling out an accident report for our clients, we enter very little information. The numbers below refer to the boxes outlined in red:
- 1. These boxes can be confusing and we have seen people entering the wrong numbers in these boxes. You can leave these boxes blank.
- 2. The map even if drawn accurately can be used against you. You do not need to draw a map.
3. The description is often written in a manner that can easily be used against you, even if you think you wrote it accurately. It’s best to write “two-vehicle collision” or “two-car collision”.
- 4. The numbers in these boxes are also confusing, are often entered inaccurately, and the wrong information about your injuries can hurt you.
5. Description of injuries: The MV-104 report in the above image listed only listed a couple of the less serious injuries this client sustained. You should write “too many injuries to list”.
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 MV-104 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.
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Motorcycle Attorney Phil Franckel talks about how motorcycle accidents are different
Philip L. Franckel, Esq. is one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York; He has a 10 Avvo rating; Avvo Client’s Choice with all 5-star reviews; Avvo Top Contributor; and a former Member of the Board of Directors of the New York State Trial Lawyers Association. Mr. Franckel is well-known in New York for representing motorcyclists and created the motorcycle awareness campaign BE AWARE MOTORCYCLES ARE EVERYWHERE®.
Partner Rob Plevy, Esq.
Robert Plevy, Esq. is one of the Personal Injury Dream Team™ Founding Partners at 1-800-HURT-911® New York. Robert began his legal career in 1993 as an Assistant Corporation Counsel defending The City of New York against personal injury lawsuits.