When You Must Report an Accident to New York DMV
You must report an accident to the New York DMV if you were involved in a crash that caused injury, death, or property damage of more than $1,000. The $1,000 threshold is the key number — if damage is less than that and nobody was hurt, you do not have to file with the DMV, though you should still exchange information with the other driver and report it to your insurance company.
The report must be filed within 10 days of the accident. If you do not file within that window and the accident meets the reporting threshold, the DMV can suspend your license. This applies whether you were at fault or not — the requirement is about documenting the crash, not assigning blame.
If you were in a hit-and-run (the other driver left the scene), you still must report it to the DMV within 10 days, even if you do not have the other vehicle's information. You will also need to file a police report for a hit-and-run, which is a separate legal requirement.
Key Takeaways
- Report accidents to the New York DMV only if there was injury, death, or property damage exceeding $1,000, and you have 10 days to do so.
- You can file the MV-104 form online through the DMV website, by mail, or in person at a DMV office — online is the fastest route.
- The form asks for your information, the other driver's details, insurance information, and a description of what happened, but does not require police report details unless it was a hit-and-run.
- Missing the 10-day important date can result in license suspension, even if you were not at fault for the accident.
- If you cannot locate the other driver (hit-and-run), file a police report first, then submit the MV-104 with the police report number.
The MV-104 Form: What You Need to File
The form you file is called the MV-104, officially the "Statement Regarding Motor Vehicle Accident." It is a one-page form that collects basic information about the crash. You can read it from the New York DMV website, request it by mail, or fill it out online through the DMV's portal.
The form asks for your name, address, driver's license number, vehicle information (make, model, year, VIN, license plate), and the date and location of the accident. You will also need the other driver's name, address, license number, vehicle details, and insurance information. If there were passengers or witnesses, you can include their names and contact information, though it is not required.
You do not need a police report number to file the MV-104 unless the accident was a hit-and-run. If police responded to the scene, you can include the report number, but the DMV will not reject your form without it. The form straightforward asks you to describe what happened in a few sentences — you are not writing a detailed narrative, just explaining the basic facts of the collision.
Filing Online, by Mail, or In Person
The fastest way to file is through the New York DMV website. You can complete and submit the MV-104 online, and the DMV will process it within a few business days. You will need your driver's license number and the other driver's information to complete the online form. This method avoids mail delays and gives you a confirmation number when ready.
If you prefer to mail the form, print it, fill it out by hand or typewriter, and send it to the address listed on the form. Mail typically takes one to two weeks to reach the DMV and another week or two to process. Include a copy of your insurance card and any police report if one was filed.
You can also file in person at any New York DMV office. Bring the completed MV-104, your driver's license, vehicle registration, and insurance information. An employee can review your form on the spot and answer questions about whether your accident meets the reporting threshold. In-person filing is useful if you are unsure whether you need to report or if you want to clarify details before submitting.
What Happens After You File
After the DMV receives your MV-104, they will review it to confirm the accident meets the reporting threshold and that the form is complete. If everything is in order, they will record the accident in their system and send you a confirmation. This process usually takes two to four weeks by mail or one to two weeks if you filed online.
The DMV does not investigate fault or determine who was responsible for the accident. They are straightforward documenting that the crash occurred. If there is a dispute about fault, that is handled through insurance claims or, if necessary, small claims court or a lawsuit.
If your form is incomplete or missing information, the DMV may contact you to request clarification. If you do not respond within a reasonable time, they may not process the report, which could lead to license suspension. Check your mail and email regularly after filing.
Hit-and-Run Accidents: Extra Steps
If the other driver left the scene, you must file a police report before or at the same time as your DMV report. Call the police non-emergency line or visit a local precinct to file a report. The police will give you a report number, which you should include on the MV-104.
On the MV-104, indicate that the accident was a hit-and-run and provide any details you remember about the other vehicle — color, make, model, partial license plate, direction of travel. If there were witnesses, include their names and phone numbers. The DMV will flag the report as a hit-and-run, which may affect your insurance claim and could be relevant if the other driver is later identified.
Do not delay filing the police report to gather more information. File it as soon as possible after the accident, even if you only have partial details. The police report creates an official record and protects you if the other driver later disputes what happened.
License Suspension and Penalties for Not Reporting
If you miss the 10-day important date and your accident met the reporting threshold, the DMV can suspend your license without warning. The suspension remains in effect until you file the MV-104. This is an administrative action — it is not a punishment for causing the accident, but a consequence of failing to report it.
If your license is suspended for not reporting, you will receive a notice in the mail explaining the suspension and how to resolve it. You can file the MV-104 when ready to lift the suspension, though it may take a few days to process. Driving on a suspended license is a traffic violation and can result in fines and additional penalties.
There is no fee to file the MV-104 with the New York DMV. If you are unable to file within 10 days due to hospitalization or other emergency, contact the DMV to explain your situation — they may grant a brief extension, though this is not may provide.
Insurance and the DMV Report
Filing an MV-104 with the DMV is separate from filing a claim with your insurance company. You should do both. The DMV report is a public record that documents the accident occurred; the insurance claim is between you and your insurer and determines who pays for repairs and medical expenses.
Your insurance company may ask for a copy of the police report (if one was filed) and details about the accident, but they do not need the MV-104 specifically. However, if there is a dispute about fault or if the other driver's insurance denies liability, the DMV report can serve as supporting documentation.
If you were at fault, reporting the accident to the DMV does not increase your insurance rates — your insurer already knows about the claim. If you were not at fault and the other driver's insurance is paying, the DMV report straightforward confirms the facts of the crash.
Frequently Asked Questions
Do I need a police report to file the MV-104?
No, unless the accident was a hit-and-run. If police responded to the scene, you can include the report number on the form, but the DMV will not reject it without one. For hit-and-run accidents, you must file a police report and include the report number on the MV-104.
What if the other driver does not have insurance or a valid license?
Report the accident to the DMV as usual and include whatever information you have about the other driver. If they had no insurance, your own uninsured motorist coverage may cover your damages. Report this to your insurance company separately.
Can I file the MV-104 if I was partially at fault?
Yes. The MV-104 is a factual report of the accident, not a information of fault. File it regardless of who caused the crash. Fault is determined by insurance companies or, if necessary, by a court.
How long does the DMV keep the accident report on file?
The DMV maintains accident records indefinitely, though they are typically used for insurance and licensing purposes for three to five years. You can request a copy of your accident report from the DMV at any time.
What if I disagree with information the other driver provided?
File your MV-104 with your version of events. If there is a significant dispute, the police report (if one exists) or witness statements will be more important than the DMV form. The insurance companies will investigate and determine fault based on all available evidence.