When is an MV-104 Required After a Car Accident in New York?
Being involved in a car accident is a stressful, painful and traumatic experience. In the aftermath, you may be focused on getting medical attention, contacting your insurance company, and figuring out how to repair or replace your vehicle. But there’s another important step many New York drivers overlook—filing an MV-104 accident report with the New York State Department of Motor Vehicles (DMV).
At Leandros A. Vrionedes, P.C., we help car accident victims throughout New York City protect their rights and navigate the legal system, from filing the necessary paperwork to recovering compensation for medical bills, lost wages, and pain and suffering. One common question we hear is: Do I need to file an MV-104 after my accident? Here’s what you need to know.
What Is an MV-104?
The MV-104 is a document titled “Report of Motor Vehicle Accident,” issued by the New York State DMV. It is a written report that must be completed by drivers involved in certain types of accidents. Filing this report isn’t just helpful—it’s often required by law.
Many drivers assume that if the police respond to the scene and file a report, no further action is needed. However, that’s not necessarily true. The MV-104 is a separate requirement that applies under specific circumstances and must be completed and submitted by each driver involved in the crash.
When Are You Required to File an MV-104?
Under New York Vehicle and Traffic Law § 605, you must file an MV-104 if:
- Anyone is injured or killed in the accident, or
- The accident results in more than $1,000 in property damage to any one person’s property (this includes your own vehicle or someone else’s)
If either of these conditions is met, the driver must file the MV-104 form with the DMV within 10 days of the accident.
Importantly, every driver involved in such an accident must file their own report, regardless of fault. Failure to file the MV-104 when required can result in driver’s license suspension and could negatively impact any insurance or legal claim you may file later.
What Happens if You Don’t File the MV-104?
Failing to submit the MV-104 form within the required time frame—10 days from the date of the accident—can have serious consequences. The DMV may suspend your driver’s license, even if the accident was not your fault.
Moreover, if you intend to file a personal injury claim or seek damages from the other party involved in the crash, an incomplete or missing MV-104 could be used to question your credibility or challenge the legitimacy of your claim.
What Information Is Included in the MV-104?
The MV-104 form requires you to provide detailed information about the crash, including:
- Date, time, and location of the accident
- Contact and vehicle information for all drivers involved
- Insurance details for each vehicle
- A description of damage to vehicles and other property
- Information about injuries or fatalities
- A narrative explanation of how the accident occurred
- Diagram of the crash scene
Because this report becomes part of the official record, it’s important to be accurate, clear, and factual. Avoid speculating about fault or including opinions. If you’re unsure how to describe the crash clearly and objectively, it’s a good idea to speak with an experienced NYC car accident attorney.
Does the MV-104 Replace a Police Report?
No. The MV-104 is not a substitute for a police report. If the police respond to the scene, they will complete their own accident report. However, this does not relieve you of your obligation to file the MV-104 if injuries or significant property damage occurred.
The police report and the MV-104 serve different purposes, and both may be used by insurance companies, attorneys, and courts when evaluating the circumstances of a crash.
Do You Need a Lawyer to File the MV-104?
While you are not legally required to have an attorney help you complete the MV-104, it can be wise to consult with one—especially if the accident caused injuries or serious damage, or if liability is disputed.
At Leandros A. Vrionedes, P.C., we often review clients’ MV-104 reports to ensure they are complete, accurate, and consistent with other records such as medical reports or insurance statements. A seemingly minor mistake on the form could be used to challenge your claim later on. We help clients avoid common pitfalls and protect their legal rights from the start.
What If You’re Not Sure Whether the MV-104 Is Required?
If you’re unsure whether your accident meets the criteria, it’s always safer to file the MV-104 than to risk a license suspension. If the damage appears minor at first but later turns out to exceed $1,000, and you fail to file the report within the deadline, you could face unnecessary complications. When in doubt, speak to a New York personal injury lawyer for guidance.
Get Help from an Experienced New York Personal Injury Attorney
If you’ve been involved in a car accident in New York, don’t take chances with your legal rights or your driver’s license. Filing the MV-104 is just one step in the recovery process—and having experienced legal representation can make all the difference in the outcome of your claim.
At Leandros A. Vrionedes, P.C., we’ve been helping accident victims throughout New York City for over 30 years. From paperwork and insurance claims to complex litigation, we’re here to fight for the compensation you deserve.
For help after a car accident in The Bronx, Brooklyn, Manhattan or Queens, or in Long Island or Westchester County, contact NYC personal injury attorney Leandros A. Vrionedes, P.C. for a free consultation. We’re ready to help you take the next step toward recovery.
