You are required to report a car accident in New York City in most situations. New York law requires you to call 911 immediately if anyone is injured or killed, and to file Form MV-104 with the DMV within 10 days if the crash caused an injury, a death, or more than $1,000 in property damage.
Your insurance policy also requires prompt notice, or you risk losing coverage.
In this article, you will discover when you are legally required to call the police, how and when to file Form MV-104 with the DMV, and how a New York City car accident attorney can help protect your claim if you were injured.
Do You Have to Report a Car Accident in New York City?
Yes, and the rules depend on whether the crash caused injuries or just property damage. Under New York law, you must call the police from the scene if anyone is injured or killed, and you must file a form with the Department of Motor Vehicles (DMV) within 10 days if the crash caused an injury, a death, or more than $1,000 in property damage.
Here is a quick breakdown of what triggers each reporting requirement:
- Injury or death at the scene: Call 911 immediately and stay until police arrive.
- Property damage over $1,000: File Form MV-104 with the DMV within 10 days.
- Minor damage under $1,000, no injuries: Exchange information. No police report required.
- Hit a parked car or injured an animal: You must locate the owner or call the police.
When Must You Call Police after a Crash in NYC?
New York Vehicle and Traffic Law (VTL), the state laws that govern how you drive, requires you to stop and call 911 immediately if anyone is injured or killed. This also applies if a domestic animal is hurt or if you damage unattended property and cannot find the owner.
For property-damage-only crashes in New York City, the NYPD generally does not respond. You exchange information directly with the other driver and file your own report with the DMV.
Leaving the scene without exchanging information is a crime under VTL § 600, whether the other vehicle is occupied or not and even if the damage looks minor.
When Must You File MV-104 with the DMV?
The MV-104 is the official “Report of Motor Vehicle Accident,” the form you file with the New York DMV to create a legal record of the crash. You must submit it within 10 days if the crash caused an injury, a death, or property damage over $1,000 to any single person.
The DMV has no automatic awareness that your crash occurred. Your MV-104 is the only way to put it on record. This is your personal duty, and even if police filed their own report at the scene, you must still file your own MV-104. Skipping it can get your driver’s license suspended.
One pattern our NYC personal injury lawyers consistently see in MV-104 filings across New York City is that clients assume a police report from the NYPD Collision Investigation Squad automatically satisfies their DMV obligation, only to discover months later that no MV-104 was ever filed.
That gap becomes a serious problem when the DMV threatens a license suspension or an insurer starts questioning why no accident report exists on file.
We routinely help clients across Brooklyn, Queens, and the Bronx file a late MV-104 with a clear explanation for the delay before it costs them their coverage.
Do You Have to Report the Crash to Your Insurance Company?
State law does not require you to call your insurer, but your policy does. Every policy contains a notice requirement, you must report the accident within a set window or lose your right to benefits entirely.
No-fault insurance is New York’s system where your own insurer covers your medical bills and lost wages after a crash, regardless of who caused it. Here are the deadlines you cannot miss:
| Coverage Type | Deadline | What It Covers |
| No-fault benefits | 30 days | Medical bills and lost wages |
| Uninsured motorist | 90 days [VERIFY: confirm current NY SUM/UM notice-of-claim deadline] | If the at-fault driver has no insurance |
| General policy notice | 24–72 hours | Required to keep your coverage active |
Insurance adjusters, the people assigned to handle your claim, are not on your side. They are paid to find reasons to pay you less. Before you give any recorded statement, contact Grigor Law Injury & Car Accident Lawyers.
What Happens If You Do Not Report the Accident?
Failing to file the MV-104 with the DMV can result in your driver’s license and registration being suspended. If you left the scene of a crash involving injury or significant damage, you can face misdemeanor charges under VTL § 600, including fines and jail time.
Insurance companies will use the absence of an official report to deny your claim entirely. When you are unsure whether damage crosses the $1,000 threshold, always file.
How to File MV-104 Step by Step
Get the MV-104 Form
Download the MV-104 from the New York DMV website, or pick up a paper copy from your local police precinct.
Gather the Information You Need
Before filling out the form, have the following ready:
- Driver’s license numbers for all drivers involved
- License plate numbers and vehicle registration information
- Insurance company name and policy number for all vehicles
- Names and addresses of all drivers, vehicle owners, and passengers
- A description of the damage to each vehicle and the exact accident location
Complete and Mail It within Ten Days
Fill out the form completely, sign it, date it, and mail it to the address printed on the form. The 10-day clock starts on the date of the crash, not the day you decide to mail it.
Keep Your Proof of Filing
Make a photocopy of the completed form before mailing it and send the original by certified mail with a return receipt. That receipt is your proof if the DMV or an insurer ever disputes the filing.
If you were hospitalized and could not file in time, documented incapacitation may excuse the delay, call us at (718) 249-7447 immediately so we can file on your behalf.
What to Do at the Scene in NYC
The minutes after a crash shape your entire claim, and the immediate steps you take can decide whether your case is strong or weak. Here is what you need to do:
- Move to safety. Check for injuries, move your vehicle out of active traffic if possible, and call 911 when legally required.
- Exchange information. Get the other driver’s full name, address, phone number, license number, plate number, and insurance details.
- Document the scene. Photograph all vehicle damage, license plates, road conditions, and any visible injuries. This evidence disappears fast.
- Do not admit fault. Never say “I’m sorry” at the scene. Adjusters are trained to turn even a casual apology into a claim denial.
- See a doctor immediately. Gaps in treatment give insurers the ammunition to argue your injuries were not caused by the crash.
What we see across the crash scenes we document throughout New York City is that evidence disappears fast on high traffic corridors like the Cross Bronx Expressway, the Belt Parkway, and Queens Boulevard, where debris gets cleared and skid marks fade within hours.
Clients treated at Elmhurst Hospital, Jacobi Medical Center, or Bellevue Hospital often cannot return to photograph the scene themselves, which is why we send an investigator out as soon as we are retained.
Across the claims we handle on these corridors, drivers who preserved photos, witness names, and vehicle positions before leaving the scene consistently end up with stronger claims than those who did not.
What If the Damage Looks Minor or You Hit an Animal?
If the damage appears under $1,000 and no one is hurt, you are not required to call police, but you must still exchange information. Filing the MV-104 anyway is the smart move, because repair estimates almost always climb once a body shop takes a real look.
If you hit a domestic animal like a dog or cat, you are required to stop, try to find the owner, and contact the police or ASPCA if you cannot.
What If You Hit a Parked Car and the Owner Is Gone?
If you damage a parked vehicle and the owner is not present, you must make a genuine effort to find them. If you cannot, you are legally required to contact the police and report the damage.
A note on the windshield alone does not satisfy VTL § 600. You must call it in.
What If the Other Driver Flees the Scene?
A hit-and-run is a crime, call 911 immediately and note every detail you can: a partial plate number, the vehicle’s make, model, color, and the direction it traveled. Get the contact information of any witnesses before they leave the scene.
Report the hit-and-run to your insurer promptly to help preserve your right to pursue an uninsured motorist claim. These cases demand fast, aggressive investigation, and that is exactly what we do.
The Laws That Govern Crash Reporting in New York
Three overlapping laws create your reporting duties after a crash:
- VTL § 600 (Leaving the Scene): You must stop, exchange information, and report any crash involving injury, death, or significant property damage.
- VTL § 605 (Reports of Accidents): You must file the MV-104 with the DMV within 10 days for any qualifying crash.
- New York No-Fault Law: You must notify your own insurer on strict timelines, regardless of who caused the crash.
Missing any one of these deadlines can cost you the compensation you are legally owed.
Across the crash reporting cases we handle throughout New York City, the deadline that trips up the most clients is the 10-day MV-104 window under VTL § 605, especially when a case also involves a city vehicle subject to the 90-day notice requirement under General Municipal Law § 50-e.
Adjusters routinely check DMV records for a missing MV-104 before making an offer, and a gap in the paper trail becomes their first argument for denying or delaying a claim. What we see consistently is that clients who file every required notice on time, even when the damage looks minor, keep more negotiating power than those who skip a filing.
Your Injury Claim Has Strict Deadlines in New York
The statute of limitations is the legal deadline to file a lawsuit, miss it and you permanently lose your right to sue. In New York, you generally have three years from the date of the crash to file a personal injury lawsuit.
If your crash involved a city vehicle or an MTA bus, that window shrinks to just 90 days to file a notice of claim. Miss that date and your case is over before it starts.
To sue the at-fault driver for pain and suffering beyond what no-fault covers, your injuries must meet New York’s serious injury threshold, a legal standard that includes fractures, permanent limitations, and significant disfigurement. We evaluate your injuries and build the case that proves they qualify.
The insurance companies know we will take a case to trial. That is why we negotiate from a position of strength.
We handle every case on a contingency-fee basis, no fee unless we win. Contact Grigor Law for a free consultation. We have offices in Ridgewood, The Bronx, and Hempstead, and if you cannot travel, we come to you.
Frequently Asked Questions
Do I Still Have to File MV-104 If the Police Filed a Report?
Yes. Your MV-104 and the police report are two separate legal requirements. You must still file your own form with the DMV within 10 days even if officers responded to the scene.
What If I Am Not Sure the Damage Exceeds $1,000?
File the MV-104 anyway. Repair costs almost always come in higher than they first appear, and a missing filing can result in a suspended license.
Can I File MV-104 Late If I Was Hospitalized?
A documented inability to file may excuse the delay, but you must submit the form as soon as you are able. Call us and our team will handle the entire filing on your behalf.
Do New York Reporting Rules Apply to Out-of-State Drivers?
Yes. If the crash happened in New York, VTL § 600 and § 605 apply to you regardless of where your license was issued.
What If the Crash Involved a Rideshare or Rental Car?
You are still required to report the accident and file an MV-104, but claims involving Uber, Lyft, or a rental company carry additional insurance layers that we can navigate for you.
Is Leaving a Note on a Parked Car Enough?
No. A note does not satisfy VTL § 600. You must make a genuine effort to find the owner and, if you cannot, contact the police.

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