New York Car Accident Reporting Requirements

One of the important things you'll encounter after your car accident is the motor vehicle accident report. This document is a large part of how the insurance companies determine who is at fault in a car crash and the damages to award.

This article focuses on the different types of motor vehicle accident reports in New York and what you need to know about them. We'll examine how auto accident laws work in New York and their effect on fault, negligence, and insurance coverage.

New York Motor Vehicle Laws

After a car accident you have to deal with personal injuries, property damages, and insurance companies. As a motorist in New York, knowing what matters post-accident can go a long way toward making the process easier.

New York is a large and diverse state. Its automotive laws must cover everything from the crowded streets of New York City to the highways that wind through the Adirondack Mountains. We'll explore some of the laws that help protect motorists in the Empire State.

New York Fault and Negligence Laws

New York is a no-fault state. No matter who caused the accident, you'll use personal injury protection (PIP) insurance to cover your medical costs. That might not sound fair if the other driver hit your car, but that's the law.

Under certain conditions, you can file suit against the other driver for serious injuries. These are:

• When your medical expenses exceed the coverage limit of your PIP

• When you suffer a permanent or disfiguring injury that causes pain and suffering and affects your livelihood

The no-fault system does not protect property damages. You can seek compensation from the other driver for your car repairs.

New York's doctrine of pure comparative negligence affects your compensation amount. You can get damages if you're not 100% responsible for the accident. But, the amount you get is reduced by the percentage of blame you bear from the accident. If you're determined to have 25% fault for the car crash, you'll get 75% of the damages you want.

FindLaw's New York Car Accident Compensation Laws article better explains how damage recovery works in New York. Legal advice from a car accident lawyer can also help clear things up.

New York Liability Auto Insurance Minimums

Part of preparing for the possibility of being in an auto accident is having liability insurance to cover the unexpected costs. All drivers in New York must carry liability auto insurance on their vehicles.

The minimum amounts allowed by New York are:

• $25,000 liability coverage for bodily injury/$50,000 for any injury resulting in death for one person in one accident

• $50,000 liability coverage for bodily injury/$100,000 for any injuries resulting in death sustained for two or more people in one accident

• $10,000 liability coverage for property damage in one accident

• Up to $50,000 personal injury protection (PIP) coverage per person in your vehicle and for any pedestrian struck

These are the minimum insurance coverage amounts all drivers must carry. The New York Department of Motor Vehicles has more information. Any damage amount exceeding your liability limits is your responsibility to pay, so you may wish to increase your coverage.

You can also buy uninsured/hit-and-run coverage at the same minimum. If you don't have auto insurance or uninsured motorist coverage, you could get medical expenses covered through New York's Motor Vehicle Indemnification Corporation (MVAIC).

Few things in life can be as frustrating as dealing with insurance companies after an auto accident. For a step-by-step breakdown of what to expect, check out FindLaw's New York Car Accident Settlement Process and Timeline article.

What To Do After a Car Accident in New York

Take a deep breath if you can after an auto accident. It doesn't sound like much, but filling your lungs can help calm you down and prepare you for what to do.

All New York drivers have legal obligations after a car crash. The first is not to leave the scene of the accident. At the very least, exchange information with the other driver(s).

The health and well-being of all involved is of utmost importance. Check on everyone involved in the accident, including yourself. Offer the level of first aid you feel qualified to give. If calling 911, alert the operator to any severe injuries.

Certain conditions require that you summon law enforcement to the accident scene. These include:

• If there is an injury

• If there is a death

• If a parked vehicle or any other property gets damaged and you can't find the owner

• If a domestic animal gets injured or killed

While you are not required to call the police for accidents that are only property damage, it's a good idea to have them come anyway and fill out a police report. Having a police report for the accident will help with your insurance claim.

Take pictures of the accident scene before moving vehicles to a safer location, if possible. Exchange contact information and insurance information with the other drivers.

Alert your insurance carrier to the accident. The sooner you let them know of an insurance claim, the sooner they'll assign an insurance adjuster to the case.

Seek medical attention if you're hurt. Keep copies of all medical bills and treatments for your injuries. You'll need them for your insurance company and potential personal injury lawsuits.

It can be difficult to remember everything after an auto accident. To help, FindLaw has a printable checklist you can keep in your glove compartment to ensure you get all the information you need.

New York Auto Accident Reports

Besides the police report, you'll likely have to file an accident report. The New York DMV requires that drivers in a crash with either an injury, a fatality, or more than $1,000 of property damage file Form MV-104 within 10 days of the incident. Printing a copy of the MV-104 and having it in your car is a good idea.

You and the law enforcement officer who responds to the accident will record similar data. This includes:

• Driver's license numbers, dates of birth, addresses, contact information, and insurance policy information for all drivers

• Diagrams showing where the vehicles were coming from, the points of impact, and where they ended up

• Vehicle identification numbers (VIN), makes, models, license plate numbers, and production years for all vehicles

• Exact location (streets, mile markers, etc.)

• Traffic signals and signs

• Lighting

• Weather conditions

• Type of roadway and its condition

The police report will include statements from all drivers, passengers, and witnesses. They may also add observations such as:

• Injuries, treatments, and medical facilities involved

• Sobriety of drivers

The report should be objective and free of bias. Be calm and truthful while giving your statement to the responding officer. Do not admit to any fault. Let the facts of the incident tell the story.

You will need a copy of the police report, if there is one, for your insurance claim and any possible lawsuits. If the accident happened in New York City, you can order it online or pick up an order form at any police department.

Outside of NYC, you can visit the police department that responded to your accident. Anyone in the state can order a copy through the New York DMV site. While searching to see if the report is available is free, a search confirming the report you want is $7, and you'll pay $15 for a copy.

Reports filed in NYC take a minimum of 14 to 30 days to enter the DMV system. Reports outside NYC take at least 60 days to enter the system.

If your accident involved the New York State Police and was on the Thruway, you can request a report with form FA-W4310. If the state police responded anywhere else, use form MV-198c for your request.

New York Car Accident Report Summary

The chart below summarizes what you've learned above, along with links to take you to the state codes.

Relevant New York automotive statutes

New York Consolidated Laws:

Vehicle and Traffic Code

VAT Section 600 (duty to remain at scene of accident)

VAT Section 605 (duty to report)

VAT Section 370 (indemnity bonds or insurance coverage)

Civil Practice Law and Rules

CVP Section 1411 (pure contributory negligence)

When to report

If you are in a vehicle accident that occurred in New York, you must report it to the DMV within 10 days of the accident if:

• There was property damage of $1,000 or more

• Anyone got injured or killed

How to file a car crash report in New York

To file a car crash report in New York with the DMV, you, your insurance agent, or your legal representative must complete the Report of Motor Vehicle Accident (Form MV-104). To fill out form MV-104, you need to gather or supply the following information:

• Place and time of accident

• Drivers' names, addresses, and dates of birth

• Both drivers' driver license information (states of license, license numbers)

• Both drivers' license plate numbers and states

• The names and addresses of all policyholders and the names of their insurance

• The names and addresses of all registered vehicle owners of vehicles in the accident

• An explanation of the damage to any vehicles

• An accident diagram, including selecting what type of turn was made

Note: State laws are subject to change by passing new legislation rulings in the higher courts, including federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

• Official State Codes

• New York State Laws

• New York Vehicle and Traffic Code

• New York Traffic Laws

• State Traffic Laws

Get Professional Legal Help Filing a Car Crash Report in New York

Still unsure of whether you should report your accident to the DMV or what else you need to do to file a car crash report in New York? New York has specific requirements that, if ignored, can cause you more grief. Cover your bases by contacting a New York personal injury attorney.