Car accidents happen fast, but the paperwork that follows can have lasting consequences. If you're involved in a crash in New York, one document stands at the center of everything—your accident report. This official record can shape your insurance claim, help prove liability, and play a pivotal role in any future legal action. Here’s what New York drivers need to know about car accident reports, why they matter, and how to ensure the documentation works in your favor.

When Are You Legally Required to File a Car Accident Report in New York?

Mandatory Reporting Rules

In New York State, you're legally required to file a Report of Motor Vehicle Accident (MV-104) with the Department of Motor Vehicles (DMV) within 10 days of the crash if:

  • The accident caused over $1,000 in property damage
  • Someone was injured or killed

This requirement applies regardless of fault. Failing to submit the report can lead to license suspension and other administrative penalties.

Police Reporting vs. DMV Reporting

Even if a police officer arrives at the scene and files a report, you must still submit the MV-104 if the conditions above are met. The police report does not replace your personal obligation to report to the DMV.

How to File an MV-104 Car Accident Report

Step-by-Step Filing Process

  1. Download the MV-104 form from the New York DMV website or request one at a local DMV office.
  2. Fill out the form completely and accurately. You’ll need details such as:
    • Date, time, and location of the crash
    • Weather and road conditions
    • A diagram of the accident scene
    • Vehicle and insurance information for all parties
    • Description of injuries and property damage
  3. Submit the form within 10 days to:
    • New York State Department of Motor Vehicles
    • Crash Records Center
    • 6 Empire State Plaza
    • Albany, NY 12228

Keep a copy for your records.

How NY Police Reports Are Generated and Accessed

What Happens When Police Respond to the Scene

When law enforcement is called to an accident, they document the incident through a standardized Police Accident Report (Form MV-104A). This report includes witness statements, officer observations, citations issued, and preliminary fault assessments.

How to Obtain a Copy of the Police Report

  • Online: Through the New York State DMV's online accident report system (typically available 7–10 days after the incident).
  • In Person or Mail: You can request the report directly from the police department that responded to the crash.

There may be a small fee for accessing this record.

Why the Accident Report Matters in Legal and Insurance Claims

Evidence for Liability

A car accident report serves as an early snapshot of the facts surrounding the crash. While not always definitive, it often carries significant weight in:

It may include skid mark analysis, driver statements, traffic law violations, and contributing factors, which can influence fault allocation.

Impact on Insurance Claims

Insurers rely on the report to validate claims and determine payouts. Discrepancies in your statements versus the report can delay processing or lead to denials.

If you're not at fault, a clearly written report can help speed up compensation for vehicle damage, medical bills, and lost income.

What If the Report Contains Errors?

Correcting Factual Mistakes

If you discover incorrect information—such as your name, the vehicle make/model, or insurance details—you can request an amended report. Contact the officer who filed the report or the department’s records unit with supporting documentation.

Disputing Fault Assessments

Challenging an officer’s interpretation of events is more difficult. You can include a supplemental statement with your MV-104 or submit a written affidavit, but it won’t automatically revise the report.

In legal disputes, a personal injury attorney may bring in accident reconstruction experts to counter inaccuracies.

Do You Need to Report Minor Accidents in New York?

Fender Benders Without Injuries

If the accident caused less than $1,000 in damage and no one was hurt, you’re not legally obligated to file an MV-104. However, it’s still wise to document the incident thoroughly by:

  • Taking photographs of the scene and vehicles
  • Exchanging contact and insurance information
  • Notifying your insurer promptly

Skipping this step could complicate things later, especially if the other party files a delayed injury claim.

How Long Are New York Accident Reports Retained?

The DMV typically retains MV-104 and police reports for at least 4 years. These records may be accessed by:

If you were injured, you should store your own copy indefinitely, especially if long-term medical treatment is involved.

Legal Help When the Report Isn’t Enough

Car accident reports are often just one piece of a larger puzzle. If you're facing injuries, complex insurance issues, or disputed liability, it may be time to speak with an experienced New York personal injury lawyer.

A legal advocate can help:

  • Secure additional evidence (like surveillance footage or witness testimony)
  • Handle communications with insurance adjusters
  • File a lawsuit if needed

Having legal guidance early can help preserve your rights and increase your chances of a fair outcome.

Conclusion

A car accident report might seem like a routine form, but in New York, it can be the backbone of your case. Whether you're filing with the DMV or requesting a police report, accuracy and timeliness matter. These documents often shape the outcome of insurance claims and legal proceedings. If you've been in a crash—minor or severe—make sure your side of the story is documented and protected from the start.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New York car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.

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