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 been in a car accident in New York, you might not be familiar with what you must do after an accident. Reporting that accident to the DMV is one of your responsibilities, and it is a legal requirement in many cases. Filing the accident report can help support your insurance claim even when the accident report is not required.
Denlea & Carton can represent you in your car accident case whether or not you reported the accident to the DMV on time. However, you should know the consequences for not reporting to the DMV and 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 must report car accidents to the DMV if an injury or property damage exceeds $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.
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.
How to File an NY DMV Accident Report
Filing your DMV accident report correctly is critical to meeting your legal obligations. Here’s how to complete and submit Form MV-104:
- Obtain the Form: You can download the MV-104 form from the NY DMV website or request a copy from a DMV office.
- Fill Out All Required Information: Include the names, addresses, and dates of birth for all drivers involved, license and vehicle registration details, insurance policy numbers, and a detailed description of the accident.
- Draw an Accident Diagram: Provide a sketch of the accident scene, including street names, the position of vehicles, and any relevant notes.
- Submit Your Form: Mail the completed MV-104 form to the New York State Department of Motor Vehicles Accident Records Bureau at the address listed on the form. Keep a copy for your records.
- Meet the Deadline: Ensure the form is submitted within 10 days of the accident to avoid penalties.
What Happens If You Don’t File a DMV Accident Report?
Failing to report your accident to the DMV within the required timeframe comes with serious consequences. Here’s what you could face if you don’t file the MV-104 form on time:
- Misdemeanor Charges: You may be charged with a misdemeanor, which could result in a fine or other penalties.
- Suspension or Revocation: Your driver’s license and vehicle registration might be suspended until the report is submitted.
- Impact on Insurance Claims: Not filing the report may complicate your ability to successfully file an insurance claim.
It’s important to act quickly to rectify the situation if you’ve missed the deadline.
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 any injury, 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 $500 to $1000 fine.
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 done so. However, you can get compensation even if you didn’t file a report with the DMV or call the police during the accident; whether or not you followed the law after the accident has no bearing on whether or not you are eligible to be liable for damages.
Contact Denlea & Carton for Legal Assistance
Reporting an accident to the DMV is not just a legal obligation but a crucial step in supporting any claims you might make. At Denlea & Carton, we help drivers across New York who have been involved in accidents, whether they filed their reports on time or faced challenges along the way.
We’re here to protect your rights and guide you through every step of the process, from filing your MV-104 to pursuing the compensation you deserve.
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 & Carton is one such firm, and we are here to serve you. Contact us today to schedule a free consultation.
FAQ
Do you have to report an accident to the DMV in New York?
Yes, if the accident involves injuries or more than $1,000 in property damages.
Where do I send my MV-104 form?
Submit your completed MV-104 to the New York State Department of Motor Vehicles Accident Records Bureau. The exact address is listed on the form.
What is the NY State DMV accident report form?
The MV-104 form is the official accident report form required by the DMV to document accidents with injuries or significant property damage.
When should I report an accident to the DMV?
You must file your report within 10 days of the accident.
