What Is An MV-104 Form And Why Is It Important?

What Is An MV-104 Form And Why Is It Important?
Calendar icon October 31, 2023 | Reading Time: 6 min

In the state of New York, motor vehicle accidents are a common and unfortunate reality. Motor vehicle accidents can be emotionally and financially taxing, and can leave victims with personal injuries, property damage, or even fatalities in some cases. While there are many moving parts after an accident happens, one of the most overlooked but crucial steps is filing an MV-104 form, also known as a “Report of Motor Vehicle Accident.”

What Is An MV-104 Form?

The MV-104 form is a standardized document used to report a motor vehicle accident in New York State. Its primary purpose is to provide a comprehensive and structured means of recording accident-related information, including details about the parties involved, the vehicles, the location, and the sequence of events leading up to the accident.

What Is An MV-104 Form And Why Is It Important - Cellino Law

When Do You Need To File An MV-104 Form?

Not all motorists are required to file an MV-104 form after an accident. Under New York State law, a motorist is only legally required to file an MV-104 form under the following conditions:

  • Over $1,000 of property damage occurred
  • There is a personal injury
  • A fatality occurred as a result of the accident

In other words, if you are involved in any motor vehicle accident where there is a possibility that either party has sustained injuries, a fatality, or property damage over the amount of $1,000, then an MV-104 must be filed under New York State Law.

Why Filing A MV-104 Form Is Crucial

Car accidents can be distressing and chaotic events. In the aftermath, one might be dealing with injuries, property damage, insurance claims, and legal matters. However, filing an MV-104 form is absolutely imperative for the following reasons.

Legal Requirement

In New York State, it’s a legal requirement to file an MV-104 form for any motor vehicle accident that results in injury, death, or property damage exceeding $1,000. Failure to do so within 10 days of the accident may result in legal consequences, including fines or even suspension of your driver’s license. By ensuring that the MV-104 form is filled out and submitted promptly, you remain in compliance with NYS law.

Accurate Documentation

Accidents can be chaotic, and memories can be hazy due to the stress and adrenaline involved. The MV-104 form provides a structured framework for recording essential details contemporaneous with the accident. It includes sections for recording vehicle and driver information, a diagram of the accident scene, and narratives from involved parties and witnesses. This documentation helps in reconstructing the accident and determining liability accurately.

Facilitating Insurance Claims

Insurance companies use the MV-104 form to assess the circumstances surrounding an accident and determine the extent of their policyholders’ liability. Filing a completed MV-104 form can potentially expedite the claims process, allowing for faster resolution and payment of damages. It also ensures that all parties involved provide their insurance information for a smooth and efficient claims process.

Law Enforcement Investigations

Law enforcement agencies may use the MV-104 form to conduct their own investigations into the accident. This information can be critical for determining if any traffic laws were violated, if a crime was committed, or if additional parties were involved, such as witnesses or passengers. This can be crucial for any potential legal action.

Enhancing Road Safety

By collecting data on motor vehicle accidents New York State authorities can identify trends and hotspots, like certain dangerous intersections, allowing for better traffic management and safety measures. This data can lead to the implementation of traffic engineering improvements and changes in traffic laws to prevent similar accidents in the future.

How Do You Get An MV-104 Form

There are several ways to obtain an MV-104 form after an accident:

Online

You can download a PDF version of the MV-104 form directly from the New York State Department of Motor Vehicles (NYSDMV). Simply visit the NYSDMV website to download and print to complete. Once complete, you will need to either mail in or return the form to the DMV.

Local DMV Office

You can visit your local New York State Department of Motor Vehicles (DMV) office to request a physical copy of the MV-104 form. Most DMV offices provide these forms free of charge. You can also ask the staff for assistance in filling out the form if needed.

Police Officer

If you are involved in a motor vehicle accident and a law enforcement officer responds to the scene, they will often provide you with a copy of the MV-104 form to fill out. They may assist in guiding you through the process.

Insurance Company

Your insurance company may also provide you with an MV-104 form if you contact them to report an accident. They may send you a copy or guide you on where to obtain one.

Your Attorney

If you hire a car accident lawyer, they may provide you with an MV-104 form and assist you in filling it out correctly.

When filling out the MV-104 form, be sure to provide accurate and complete information about the accident, the parties involved, and the vehicles. It’s essential to do this promptly, as there are specific deadlines for submitting the form if the accident meets the criteria outlined under New York law. Additionally, keep a copy of the completed form for your records, as it may be necessary for insurance claims and potential legal proceedings related to the accident.

How Can An MV-104 Form Help Your Personal Injury Case

While filing an MV-104 without proper information or details can ultimately hurt your case if you choose to file a personal injury claim, these reports can also be of great value when completed correctly.  

When completed correctly, the MV-104 form will include the contact and insurance information for each party involved in the accident. Many injured individuals will turn to a legal professional for assistance with their personal injury claims, and an attorney can use the information on the completed MV-104 form to start the claims process.

More importantly, the form will describe how the accident occurred, what damage each vehicle sustained, and other pertinent information like weather and road conditions. Just as an insurance company may use what you write on the MV-104 to minimize your claim, your attorney can use the MV-104 form to demonstrate the other driver’s negligence and maximize your recovery.

MV-104 reports are available online through the DMV for 4 years after the date of the accident, so even if you do not file a claim for personal injury immediately after your accident, your attorney will still be able to access your report. 

Injured In A Car Crash? Call Cellino.

After an accident, you may likely be overwhelmed by doctor’s appointments, missed work days, and calls from the insurance company. Completing an MV-104 form may be one of the last things on your mind, but it is still an important piece of the claims process. 

If you’ve been injured, don’t wait to contact us. With decades of combined experience in New York personal injury law, our attorneys have the knowledge and skill necessary to help you receive the best possible outcome for your case. Call us at 888-888-8888 or complete a contact form for your free case consultation.

Zoom Screenshot_16.png

Content checked by the personal injury attorney 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.

SHARE THIS ARTICLE

INJURED?
WE CAN HELP

CALL US NOW

Free Case Review

BLOGS ARCHIVE

FREE CASE REVIEW

Testimonials

  • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.

    Denise

  • We'd like to thank you for all the assistance and time you spent on our case. Your professionalism and honesty will always be appreciated. The staff was always courteous and we were always impressed with your accountability. Your passion and dedication will never be forgotten, nor will you.

    Sarah

  • I just want to let you know that I did receive my settlement check. More importantly, I want to thank you again for all you did for both me and my family. I could not be more pleased with my experience at Cellino Law. From the moment I first spoke with you I felt comfortable - you took a sincere interest in my case, clearly explained the process and effected a quick settlement. From this day forward, when someone asks if I can recommend a good lawyer I will, without hesitation, say "Cellino Law". Thanks again.

    Walter

  • Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!

    Jayne

  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

    Anthony

  • I can only say great things about my attorney Allan Silverstein. He is professional, he calls back right away, he keeps me informed, and makes me feel comfortable as this entire ordeal is stressful. I have total confidence in his ability to handle whatever comes his way. He is no nonsense and very good at his job. Thank you Allan... he is a true asset to the team!

    Mrs Steward