How to Fill Out and File the MV-104 Crash Report Form

Under New York Vehicle and Traffic Law section 605, a driver whose vehicle is involved in a crash in New York State must file a written report with the Department of Motor Vehicles when the crash meets certain thresholds. The form used for this report is MV-104. This explainer walks through the form itself, section by section, so that it can be completed correctly and sent to the right place.

For an explanation of why the reporting requirement exists and what can happen if it is ignored, see the companion article on whether and when you must file the MV-104. This piece focuses only on how to fill out and send the form.

When does the MV-104 need to be filed at all?

According to the form's own instructions, a crash must be reported, and the form filed, if anyone was killed or injured, if the estimated damage to any one vehicle or to property was greater than $1,000, or if an e-bike or e-scooter crash killed or injured a person. If none of those conditions apply, the form is not required.

The form also includes screening instructions for two situations where it should not be used at all. If the vehicle was vandalized rather than involved in a crash, the form should not be filed, and local police should be contacted instead. If the crash did not occur in New York State, the MV-104 does not apply, regardless of where the vehicle is registered.

What goes in Part A of the MV-104?

Part A asks for information about your own vehicle, meaning the driver and the registrant. All information should be printed or typed in black ink. The driver's name should be written exactly as it appears on the driver's license, not a nickname or a shortened version. Part A also asks for registrant information, which may be the same person as the driver or a different owner of the vehicle.

What goes in Part B of the MV-104?

Part B covers the other party involved in the crash. Depending on what happened, this could be another driver, a pedestrian, a bicyclist, or the operator of an e-bike or e-scooter. The same formatting rules apply: black ink, and names written exactly as they appear on any identification presented at the scene. If more than one other party was involved, a separate form is typically used for each one, since Part B has room for only a single other party.

How do you mark a question that does not apply or that you cannot answer?

The MV-104 does not leave blank fields open to interpretation. If a question does not apply to the crash being reported, the instructions call for a dash (-) rather than leaving the space empty. If the information is unknown, such as the other driver's insurance carrier when that information was not exchanged, the instructions call for an X in that field instead of a guess or a blank. Using these two marks consistently helps prevent the form from being treated as incomplete.

Where does the completed MV-104 get sent?

Once the form is filled out, the original is mailed to the Crash Records Center, 6 Empire State Plaza, PO Box 2925, Albany, NY 12220-0925. A copy should be kept for personal records, since the original is what gets mailed and is not expected to be returned.

What is the deadline for filing, and does it affect a lawsuit?

The crash report itself must reach the Department of Motor Vehicles within 10 days of a crash that meets the reporting threshold described above. Failing to file within that window is a misdemeanor, and a license or registration may be suspended until a report is filed.

This 10-day reporting deadline is separate from any deadline for bringing a personal injury claim in court, and it does not substitute for one. When more than one deadline could apply to a situation, the shortest applicable deadline is the one that governs. Claims that involve a public entity, such as a city, county, town, or state agency, carry a notice-of-claim requirement with a deadline far shorter than the ordinary personal injury limitations period, and that notice must generally be filed with the public entity itself, not simply reported on an MV-104. Anyone dealing with a crash involving a government vehicle, a municipal road defect, or a public transit vehicle should treat the notice-of-claim deadline as the controlling one and should not assume that filing the MV-104 satisfies it.

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.