How to Complete the New York Report of Motor Vehicle Accident (MV-104)
The MV-104 is New York State's Report of Motor Vehicle Accident. It is the form a driver uses to report a crash to the New York State Department of Motor Vehicles (DMV). It is separate from any police report and from any insurance claim. Under New York law, each driver involved generally must file their own MV-104 within 10 days if the crash caused any injury or death, or if any one person's property was damaged by more than $1,000. Filing a police report or an insurance claim does not replace this duty. If you are unsure whether your crash meets the threshold, filing is the safer choice. Rules and form versions can change, so read the instructions printed on the current form before you start.
When the MV-104 Applies and When It Does Not
The duty to report falls on drivers involved in a crash that happened in New York State. Whether a report is required depends on the outcome of the crash, not on who was at fault. A driver who believes they did nothing wrong still has to file if the injury or damage conditions are met.
A report is generally required if anyone was injured or killed, however minor the injury seemed at the scene. A report is generally required if property damage to any single person exceeds $1,000. Repair costs add up quickly, so even a modest bumper and lamp repair can pass this amount. Each driver files separately. You cannot rely on the other driver, a passenger or your insurer to file for you. A police officer who responds completes a police accident report. That is a different document and does not satisfy your own MV-104 obligation. If you are uncertain about the damage figure, get a repair estimate promptly so you can decide within the 10-day window.
Failing to file a required report can lead to suspension of your driver license until the report is received. Late filing is still better than not filing.
What to Gather Before You Start
The form is easier and more accurate if you collect everything first. Most of this information should have been exchanged at the scene. If something is missing, the police report, your insurer or the other driver's insurer can often fill the gaps.
Item | Where to find it | Why it matters; Incident time and date | Your phone log, dashcam timestamp, police report | The form asks for the exact date and time. Use the best available record rather than memory. Exact location | Street names, nearest cross street, landmarks, county and municipality | DMV needs to place the crash precisely. A road name alone is often not enough. Your driver license | Your license card | Your license ID number, name, address and date of birth must match DMV records. Vehicle identification | Registration document, insurance card, the vehicle itself | Plate number, registering state, year, make and body type for each vehicle. Insurance details | Your New York insurance ID card | The form asks for insurance information, typically including the insurer's code shown on the card. Other driver and owner details | Information exchanged at the scene, police report | Name, address, license and plate data for every other vehicle involved. The driver and the registered owner may be different people. Witness details | Names and phone numbers collected at the scene | Useful for your description and for any later claim, even though witnesses are not the main focus of the form. Injury information | What you observed, ambulance or hospital information | Who was hurt, where they were in the vehicle or roadway, and how serious the injury appeared. Report reference | Police report or incident number, if police responded | Lets DMV and insurers connect your report to the official police record. Photos and original recording | Phone camera, dashcam memory card | Helps you draw the diagram and describe damage and positions accurately.
Step-by-Step: Filling In the MV-104
The layout of the form can vary between versions, but the information it asks for follows the same logic. Work through it in the order below. Use black or dark blue ink if you complete a paper form, print clearly, and write "unknown" rather than guessing when you genuinely do not know something.
Step 1: Record the basic accident facts
Enter the date, day of the week and incident time. Then enter the number of vehicles involved and the number of people injured or killed. Be consistent: if you later list two injured people in the injury section, the total here must also be two.
Step 2: Describe where it happened
Give the road or street on which the crash occurred, the county, and the city, town or village. If it was not at an intersection, state the nearest intersecting street and the approximate distance and direction from it, for example "about 200 feet north of" the cross street. On highways, an exit number or mile marker helps. Avoid vague phrases like "near the mall" on their own.
Step 3: Complete your own driver and vehicle section
Enter your name, address, date of birth and license ID exactly as they appear on your license. Then complete the vehicle identification fields: plate number, state of registration, vehicle year, make and type. If you were not the registered owner, enter the owner's name and address as well. Fill in your insurance information from your insurance ID card. Mistakes in license or plate numbers are a common reason a report cannot be matched to the right record.
Step 4: Complete the section for each other vehicle
Repeat the same details for the other driver and vehicle. If more vehicles were involved than the form has room for, the form instructions explain how to report additional vehicles. Typically this means attaching another sheet or form with the same layout. If a pedestrian or cyclist was involved instead of a second vehicle, record their details in the parts of the form intended for that situation. If the other party left the scene, record whatever you know, such as plate, color or vehicle type, and note that it was a hit-and-run.
Step 5: Mark damage and points of impact
The form uses a vehicle outline or coded boxes to show where each vehicle was hit and which areas were damaged. Mark the initial point of impact separately from any secondary damage, such as a rear car hitting your bumper and pushing you into the vehicle ahead. Your photos are the most reliable guide here.
Step 6: Report injuries
For each injured person, the form asks for identifying details, their role (driver, passenger, pedestrian or cyclist), their position in the vehicle, and information about the injury and any treatment. Describe only what you observed or know. Do not diagnose. Writing "complained of neck pain" is accurate. Writing "whiplash" is a medical conclusion you may not be able to support.
Step 7: Draw the diagram and write the description
Sketch the road layout, show each vehicle with a number matching the form, mark direction of travel with arrows, and indicate traffic signals, signs or lane markings that mattered. In the written description, state facts in time order: what each vehicle was doing, what happened, and where the vehicles came to rest. Keep opinions about fault out of it. A short, factual description is more useful than a long argument, and the same report may later be read by insurers or in a legal dispute.
Step 8: Sign and date
Read the whole form once more, then sign and date it. An unsigned report may be treated as incomplete. By signing, you are stating that the information is true to the best of your knowledge, so correct anything you are unsure about before you sign.
Completion Check Before You Submit
The incident time, date and location are filled in and match your photos, dashcam footage or police report. Your license ID, name and date of birth match your license exactly. Plate numbers and registering states are correct for every vehicle. Insurance information is complete for your vehicle and, where known, for the others. The number of vehicles and injured people in the summary matches the detailed sections. The diagram uses the same vehicle numbers as the rest of the form. The description is factual and free of guesses about fault or medical conditions. The police report reference is included if police responded. The form is signed and dated. You are still within the 10-day filing window, or you are filing as soon as possible if it has passed.
Submitting the Report
Submit the completed MV-104 to the New York State DMV using the method given in the current form instructions. Keep proof of when you sent it, such as a mailing receipt or confirmation, in case your filing date is ever questioned. Some insurers ask for a copy of your MV-104 with your claim. If yours does, send a copy and keep the original record with your own files.
Preserving Evidence and Record Retention
The MV-104 is only one part of your crash record. What you keep alongside it can matter as much as the form itself if a claim is disputed or an injury surfaces later.
Keep a complete copy of the MV-104 exactly as you submitted it, including the diagram. Save the original recording from any dashcam. Copy the unedited files off the memory card soon after the crash, because many cameras overwrite older footage automatically. Edited clips are useful for sharing, but keep the original file too. Keep photos in their original form rather than only cropped or filtered versions, so timestamps and detail are preserved. Store witness details, the police report reference, repair estimates and medical records together. Keep these records at least until any insurance claim and possible legal matter are fully resolved. If injuries or a lawsuit are possible, ask your insurer or an attorney how long to retain them.
Common Problems and How to Handle Them
If you discover a mistake after submitting, contact the DMV about how to correct or supplement the report rather than ignoring it. If the other driver refused to share information, record what you have and include the police report reference. Police can often supply the missing details through their own report. If you were injured and could not file within 10 days, file as soon as you are able. Keep any records that explain the delay.
The MV-104 is an administrative report, not a statement of fault or a legal defense. If the crash involved serious injury, a death, a disputed liability question or a criminal charge, speak with an attorney before writing your description. Keep the report factual, complete and on time, and keep a copy alongside your evidence.
