What Is An MV-104 Form And Why Is It Important?
By Ross Cellino
After a car accident in New York, there are several important things you’ll need to take care of if you’re filing a claim. One form that often gets overlooked is the MV-104, also known as the New York State Report of Motor Vehicle Crash.
Under current New York law, drivers must file an MV-104 with the Department of Motor Vehicles in certain crashes involving injury, death, or property damage over $1,000. The form creates an official record of the crash and can help protect your driving privileges, insurance claim, and potential personal injury case.
If you were injured in a car accident and have questions about your claim, Cellino Law can help. Contact us today at 888-888-8888 or online for a free case evaluation.
Key Takeaways on MV-104 Forms
- In New York, an MV-104 must be filed within 10 days if someone is injured or killed, or if property damage to any one person exceeds $1,000.
- Filing an MV-104 does not determine who was at fault. The DMV states that a crash appearing on a driving record does not mean the driver caused the crash.
- If someone is injured or killed, you must immediately notify the police in addition to filing the MV-104.
- A completed MV-104 may help document the crash for insurance purposes and a possible personal injury claim.
What Is an MV-104 Form?
The MV-104 is a New York DMV form that drivers use to report certain motor vehicle crashes. It includes important details about the drivers, vehicles, insurance coverage, crash location, injuries, property damage, weather and road conditions, and how the crash happened.
Filing this form creates an official record with the DMV. It can also help preserve important details about the crash while the information is still fresh.
Is the MV-104 The Same As A Police Report?
No. The MV-104 is separate from a police accident report.
A police report is typically completed by the officer who responds to the crash. The MV-104 is completed by the driver. Even if police respond to the scene, you may still need to file your own MV-104 with the DMV if the crash meets New York’s reporting requirements.
Both reports can be useful after a crash, but they serve different purposes and may document different information.
When Do You Need to File an MV-104 Form?
Under New York Vehicle and Traffic Law Section 605, a driver involved in a crash in New York must file a written report with the DMV within 10 days if:
- Any person was injured
- Any person was killed
- There was damage to the property of any one person, including the driver, in excess of $1,000
The DMV also states that an MV-104 must be filed if an e-bike or e-scooter is involved and a person is injured or killed.
If you do not file a required crash report, the DMV may suspend your driving privileges until the report is on file.
Do You Need to Call the Police After a Crash in New York?
In some situations, filing an MV-104 is not the only requirement. If anyone is injured or killed in the crash, New York requires you to immediately notify the police. Leaving the scene of a crash involving injury or death is a crime.
If the crash only caused property damage, drivers must exchange license, insurance, and registration information. If a parked vehicle, other property, or a domestic animal is damaged, the driver must try to locate the owner or contact the police.
A police report can also be valuable evidence in a personal injury case because it may document crash details, witness information, vehicle damage, and the responding officer’s observations.
Why Filing an MV-104 Form Matters
Filing an MV-104 form does more than satisfy a DMV requirement. It can also help create a clear record of the crash, support your insurance claim, and provide useful documentation if you were injured. Here are a few reasons why filing this form matters.
- It Helps You Comply With New York Law
The MV-104 is not optional when a crash meets the legal reporting requirements. Filing it within 10 days helps you comply with New York law and avoid a possible license suspension.
- It Creates a Written Record of the Crash
Accidents can be overwhelming, and details may become harder to remember as time passes. The MV-104 gives you a structured way to document important information, including where the crash happened, who was involved, what vehicles were damaged, and how the crash occurred.
- It May Support an Insurance Claim
Insurance companies often review crash documentation when evaluating claims. A completed MV-104 can help confirm basic details about the crash, the vehicles involved, and the insurance information for each driver.
- It May Help Your Personal Injury Case
If you were injured, the MV-104 may become one part of the documentation your attorney reviews. The form may include information about the crash location, vehicle damage, road conditions, weather conditions, and the driver’s description of what happened.
However, it is important to be accurate. Insurance companies may review what you wrote on the form. Avoid guessing, exaggerating, or admitting fault. Stick to the facts as you understand them.
How Do You Get an MV-104 Form?
You can file a motorist crash report online through the New York DMV’s Online Motorist Crash Report Portal. You can also complete the paper MV-104 form and mail it to the address listed on the form.
A local DMV office, your insurance company, or your attorney may also be able to help you locate the form. If a police officer responds to the scene, the officer may prepare a separate police report, but that does not always replace your responsibility to file an MV-104.
How Long Does the DMV Keep Crash Reports?
The New York DMV generally keeps motorist and police crash reports for four years from the date of the crash, with limited exceptions. The DMV also notes that crash reports may take time to appear in its system. Electronically filed police reports from New York City may appear in at least 14 days, paper police reports may take at least 30 days, and motorist reports may take at least 60 days.
Does an MV-104 Decide Who Was at Fault?
No. The DMV states that a crash appearing on a driver’s record does not mean that driver was at fault. The DMV does not determine fault in a crash.
Fault may still matter for a property damage claim or personal injury case, but that determination is usually made through insurance investigations, legal review, evidence, and, when necessary, the courts.
What Should You Include on the MV-104?
When completing the form, provide accurate and complete information. This may include:
- The date, time, and location of the crash
- Driver, vehicle, and insurance information
- The number of people injured or killed, if any
- Vehicle damage information
- Weather and road conditions
- A clear description of how the crash happened
- A diagram of the crash scene, if requested
Keep a copy of the completed form for your records.
Injured in a New York Car Accident? Call Cellino Law.
After a car accident, paperwork may be the last thing on your mind. You may be focused on medical appointments, missed work, vehicle repairs, and calls from the insurance company. Still, filing an MV-104 when required is an important step under New York law.
If you were injured in a crash, Cellino Law can help you understand what steps to take next. Our attorneys can review your case, explain your options, and help protect your claim from the start.
Call 888-888-8888 or complete our contact form for a free case evaluation.
Content checked by the personal injury attorney Ross Cellino
Ross Cellino
As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.
