Rosenbaum & Rosenbaum, P.C. | December 9, 2022 | Car Accidents
No one plans on getting into a car accident. However, if you are ever in this situation, it is good to know the laws surrounding accident reports and the next steps you will need to take to protect your rights. Our experienced NYC car accident lawyers have prepared a list of frequently asked questions about car accident reports in New York.
Where Do I File a Car Accident Report in New York?
You can report your accident to the local police agency or precinct where the accident occurred. If an officer responds to the accident, they will prepare the accident report. You can also download a copy and complete Form MV-104 and provide it to the Department of Motor Vehicles (DMV) to meet your legal obligation.
How Long Do I Have To Report a Car Accident in New York?
New York law requires that you report within ten days any accident that you are involved in that results in:
- $1,000 or more in property damage
In addition to preparing and filing a Report of Motor Vehicle Accident, you must exchange information with the other driver involved in the accident. If anyone was injured or killed in the collision, you must immediately notify the police about the accident. If you hit a parked vehicle, pet, or other property, you must locate the owner or contact the police.
How Do I Decide When To File a Police Report for Car Damage?
According to the New York State Department of Financial Services, you should immediately notify your insurance company about an accident. New York is a no-fault state for car insurance, so you turn first to your own insurance for coverage following an accident. In any event, you should not wait more than 30 days to report the accident to your insurer.
However, no-fault insurance does not cover property damage. For that, you will need to go through the at-fault driver’s liability coverage. Because you will want the insurance company to accept that your vehicle was damaged and their insured was at fault for the accident, you will want the strongest evidence possible.
An accident report prepared by a law enforcement officer can help you establish these critical matters. However, if police refused to respond to the scene of the accident because it was a property-damage-only incident, reporting an accident to police after the fact may be possible by filing a Report of Motor Vehicle Accident (Form MV-104).
What Happens If I Don’t Report a Car Accident in New York?
In New York, it is considered a crime to leave the scene of an accident that causes personal injury or death without reporting the accident. The driver can be charged criminally and can also have their driver’s license and registration for their vehicle suspended or revoked.
How Do I Get a Copy of the NY Car Accident Report?
You can call or visit the local police agency or precinct where the accident happened. The agency can let you know if the report is available and what the fee is. If the DMV has already processed the accident report, you can get an accident report online, which will be in PDF format.
If you have any trouble getting an accident report or need to report your accident after the fact, a New York City car accident lawyer can help.