The MV-104: New York's 10-Day Accident Report Rule

Under New York Vehicle and Traffic Law section 605(a), every person operating a motor vehicle involved in an accident that causes personal injury, death, or property damage to any one person, including the driver, in excess of one thousand dollars must report the accident to the Department of Motor Vehicles within ten days after the accident. The report is filed on a form known as the MV-104. This requirement exists apart from any police report, insurance claim, or lawsuit, and it runs on its own clock.

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

Whether a report is required depends on what the accident involved, not on who was at fault. If the accident caused any personal injury or death, a report is required regardless of how minor the injury seemed at the time. If the accident caused only property damage, a report is required once the damage to any single person's property, including the driver's own vehicle, exceeds one thousand dollars.

Fault does not change this duty. A driver who believes the crash was someone else's doing is still the person responsible for deciding, within the statute's terms, whether the accident meets the threshold and for filing the MV-104 if it does.

What Is the MV-104 Form?

The MV-104 is the Department of Motor Vehicles' standard accident report form. It asks for basic facts about the crash: where and when it happened, who was involved, what vehicles and insurance were involved, and a description of the damage or injury. It is a factual report to a state agency, separate from any report prepared by a police officer at the scene and separate from any claim made to an insurance company.

Who Is Required to File It?

Section 605(a) places the reporting duty on the person operating the vehicle at the time of the accident. Each driver involved in a qualifying accident has an independent obligation to report it. One driver filing a report does not relieve another driver of the same duty if that driver's vehicle was also involved.

What Happens If the Ten-Day Deadline Is Missed?

The statute sets the ten-day period from the date of the accident. It does not include an extension for drivers who are hospitalized, who are negotiating with an insurance company, or who are waiting to see how a vehicle inspection turns out. Missing the window does not erase the underlying reporting duty, and a late report is treated differently by the Department of Motor Vehicles than a timely one. Because the statute itself does not spell out a specific penalty amount for a late or missed report, drivers who are unsure whether their situation required a report, or whether they filed on time, should look at the text of section 605(a) directly rather than relying on general assumptions about what

This article is general information about New York law. It is not legal advice, and reading it does not create an attorney-client relationship. The law changes and how it applies depends on the specific facts. Speak with a lawyer about your own situation.