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March 12, 2024

Do I Have to Report an Accident to the DMV in New York?

Reporting An Accident to the DMV in New York Is In Your Best Interest

If you have never before been in a car accident in New York, you might not be familiar with what you need to do after an accident. Reporting that accident to the DMV is one of your responsibilities, and it is a legal requirement in many cases. Even when the accident report is not required, filing the accident report can help support your insurance claim.

Denlea & Carton can represent you in your car accident case whether or not you reported the accident to the DMV in a timely manner. However, you should know the consequences for not reporting to the DMV, as well as when it is legally required. Contact us today for more information. 

When Are You Required to Report an Accident to the DMV?

According to Section 605 of the New York Vehicle and Traffic Code, all drivers are required to report car accidents to the DMV if there is an injury or if property damage of the accident will exceed $1,000. It  is not difficult to exceed $1,000 in property damages these days, so it is a good idea to always file a report to the DMV.

The report is made on form MV-104, and requires the following information:

  • Name, address, and date of birth for all drivers
  • Driver’s license and license plate information for all drivers
  • Name and address of each registered owner if different than the drivers
  • Insurance information for each driver
  • A description of the damage to the vehicles
  • An accident diagram

You must file the report within 10 days of the accident, whether or not the police arrive to make their own report. Failure to do so is a misdemeanor punishable by suspension or revocation of your driver’s license, vehicle registration, or both. Typically these suspensions are lifted once the report has been made.

Am I Required to Call the Police After an Accident in New York?

According to Section 600 of the New York Vehicle and Traffic Code, you must stop for any car accident and trade information with the vehicle owner, even if police are not called and no report is made to the DMV. It does not matter how minor the accident is, you must stop.

The law also states that you must call the police if there is an injury of any type, regardless of severity. Failure to stop at a car accident or failing to notify police when required is a Class B misdemeanor punishable by a fine of $250 to $500 unless it is a second or subsequent offense. At that point, it becomes a Class A Misdemeanor punishable by a fine of $500 to $1000. 

Can I Get Compensation If I Didn’t File A Report?

It is never too late to file an accident report with the DMV, and you should do so if you haven’t already. However, you can get compensation even if you didn’t file a report with the DMV or call the police at the time of the accident. Whether or not you followed the law after the accident has no bearing on whether or not you are eligiblewere liable for damages.

It is important to work with an attorney who can address both the late filing of the report, the penalties involved, and the personal injury case itself. Denlea and Carton is one such firm, and we are here to serve you. Contact us today at (914) 368-7168 to schedule a free consultation.

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