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Loyda Gomez
Written byLoyda GomezParalegal & Office ManagerB.A.Sc., Political Science & Government, John Jay College of Criminal Justice (CUNY), 22+ years at The Orlow Firm, Bilingual: English and Spanish
Adam Orlow
Legally reviewed byAdam OrlowSenior Trial PartnerFormer Queens County Bar Association President (2022–2023)

Updated: July 15, 2026 · 13 min read

To report a car accident in NYC: (1) call 911 right away if anyone is injured; (2) exchange license, insurance, and registration information with every other driver; (3) file Form MV-104 with the NY DMV within 10 days if damage tops $1,000 or anyone is hurt; and (4) tell your own insurer within 30 days to protect your no-fault benefits.

Reporting a crash in New York is not one action. It is a set of overlapping duties, each with its own deadline, its own agency, and its own penalty for getting it wrong. Police filing a report at the scene does not satisfy your duty to file Form MV-104 with the DMV. Telling the other driver's insurer does not protect your own no-fault benefits. This guide walks through each step in the order you will face it. It starts at the moment of impact and ends with getting a copy of the police report weeks later.

New York Car Accidents: What to Do
What's in this video?

Attorney Philip Orlow explains the immediate steps to take after a car accident in New York, including when to call 911, how to exchange information with other drivers, and what not to say at the scene.

Step 1: What to Do at the Scene

The minutes right after a collision shape everything that follows. Work through these actions in order.

Check for injuries and call 911 if anyone is hurt. Under New York Vehicle and Traffic Law § 600, a driver in an accident that causes injury must stop and report it. If anyone is injured or killed, calling 911 is not optional (NY VTL § 600). Dispatch will send both medical help and police.

Move to safety if you safely can. Are the vehicles drivable and blocking traffic, with no dispute about what happened? Move them to the shoulder. If moving is unsafe or the cars cannot be moved, turn on your hazard lights and stay clear of traffic.

Exchange information with every other driver. New York law requires you to give your name, address, driver's license number, insurance company, and policy number, plus your vehicle's registration. Collect the same from everyone else involved. Get each person's full name, address, and driver's license number, their insurance carrier and policy number, and the make, model, year, and plate of every vehicle.

Document the scene. Use your phone to photograph the damage from several angles. Capture the position of the cars, road conditions, skid marks, traffic signals and signs, and any visible injuries. Photos taken before anything is moved are often the most convincing evidence later.

Get witness contact information. Anyone who saw the crash may be able to confirm what happened. A name and phone number is enough.

Do not admit fault or apologize. A simple "I'm sorry" at the scene can be treated as an admission. Fault is a legal decision made later, based on evidence and the law. Stick to exchanging information and recording facts.

New York Car Accidents: Documentation
What's in this video?

This video covers how to properly document a car accident scene in New York, including which photos to take, how to capture road conditions and vehicle positions, and why thorough documentation strengthens your insurance claim.

Step 2: When Police Must Be Notified After a Car Accident in NYC

Not every accident brings police to the scene, and the difference matters.

If anyone is injured or killed, call 911 right away. Police response is required by law, and officers will prepare an NYPD Collision Report documenting the scene. Ask the responding officer for the report number before you leave. It makes retrieving the report later much faster.

For property-damage-only collisions in New York City, the NYPD generally will not respond. This surprises many drivers. If no one is hurt, do not wait at the scene for police who are not coming. You handle the information exchange yourself, then take care of the reporting duties described below. If police do respond, they file the collision report. If they do not, you can still go to the precinct where the crash happened and report it in person.

Here is a point that trips up many drivers. The NYPD Collision Report is not the same thing as the MV-104 you file with the DMV. The police report is the officer's record. The MV-104 is your own separate legal duty, and you must file it even when police already filed their report. Step 3 covers exactly when and how.

Step 3: How to File the MV-104 Form With the NY DMV

This is the step most drivers do not know about, and skipping it carries real consequences.

Who must file. Under New York Vehicle and Traffic Law § 605, every driver in an accident must file a written report with the Commissioner of Motor Vehicles. This applies whenever the crash causes injury, death, or property damage over $1,000 to the property of any one person (NY VTL § 605). Read that threshold carefully. It is $1,000 in damage to any one person's property, not the total across everyone. A single dented vehicle can cross it. That means even a fender-bender that looks minor can trigger the filing duty.

The 10-day deadline. The report must reach the DMV within 10 days of the accident. This deadline applies on its own, separate from anything the police did at the scene.

How to file. You have two options. File online through the DMV's crash report portal at reportcrash.dmv.ny.gov, which requires a NY.gov account. Or download the paper Form MV-104 (PDF), fill it out, and mail it to the address printed on the form. The DMV's instructions are on its file a motorist crash report page.

What happens if you do not file. The DMV may suspend your driving privileges until your report is on file, and failing to file when required is a violation under VTL § 605. The suspension is not as discretionary as many drivers assume. If the DMV is supposed to receive a report and never does, your license can be suspended.

If you were incapacitated. If serious injuries kept you from filing, another involved party may file. You must submit your own report as soon as you are physically able.

Step 4: Notifying Your Insurance Company

New York is a no-fault state, which changes how reporting to your own insurer works.

Under New York's no-fault system, your own insurer pays your medical bills and part of your lost wages, regardless of who caused the crash. The coverage goes up to $50,000 in basic personal injury protection (PIP) benefits (NY DFS No-Fault FAQs). These benefits exist to get you treated quickly without first proving fault. But they are only available if you give notice on time.

The 30-day notice rule. New York's no-fault rules require written notice to your insurer within 30 days of the accident. Miss it, and the insurer can deny your no-fault claim. The only way around a late notice is to show a clear and reasonable reason for the delay. That is a much harder position than simply notifying on time.

Two related deadlines follow once your claim is open. Medical providers generally must submit bills within 45 days of treatment, and wage-loss documentation is usually due within 90 days. The safest move is to call your insurer within 24 hours of the crash and put the notice in writing. Do not wait to see how you feel. Some injuries surface days later, and a late report only complicates the claim.

Were you a passenger or a pedestrian rather than a driver? No-fault still applies. You generally file with the insurer of the vehicle you were riding in, or the vehicle that struck you if you were on foot. Our firm has recovered substantial results for non-drivers. That includes $750,000 for a passenger injured in a work-vehicle accident who needed neck and back surgery. Prior results do not guarantee a similar outcome.

New York No Fault Laws | NY Car Accident Statute of Limitations
What's in this video?

Attorney Philip Orlow breaks down New York's no-fault insurance laws, explaining the 30-day notice deadline, the $50,000 PIP benefit limit, and the statute of limitations for filing a car accident lawsuit.

How to Get Your NYC Car Accident Police Report

You will likely need a copy of the police report for your insurance claim and any legal action. There are a few ways to get it.

The fastest route is the NYPD Collision Report Retrieval Portal. Reports are usually available there about seven business days after the crash, for a small fee paid online. You can also request a copy in person at the precinct where the accident happened, using a Request for Copy of Collision Record form. Reports stay available at the precinct for 30 days after the crash. After that window, reports go to the NY DMV, and you request them from the DMV instead. The DMV charges a search fee plus a report fee. The NYPD's motor vehicle accident reports page lists the in-person and mail options in full. Having the report number you collected at the scene speeds up every one of these methods.

NYC Car Accident Reporting Deadlines

Each duty has its own clock. This table is the quick reference for car accident reporting requirements in New York.

Obligation Deadline Consequence if Missed
Call 911 (injury or death) Immediately Criminal liability under VTL § 600
Exchange information at scene At the scene Traffic infraction; possible criminal charges
File MV-104 with the DMV Within 10 days License suspension; VTL § 605 violation
Notify your insurer (PIP) Within 30 days No-fault benefits may be denied
File a personal injury lawsuit Within 3 years Claim permanently barred (CPLR § 214)
File a wrongful death lawsuit Within 2 years of death Claim permanently barred
Claim against a government entity Within 90 days (Notice of Claim) Claim permanently barred

A few of these deadlines deserve a word of caution. The general three-year window to file a personal injury lawsuit feels generous. But it does not apply when a government entity is involved. If you were hit by a city bus, an MTA vehicle, or on a poorly maintained city road, you must file a Notice of Claim within just 90 days. That short deadline is easy to miss precisely because the standard limit is so much longer. And while no-fault covers your medical costs, it does not erase your right to sue. New York allows a separate injury lawsuit when injuries meet the "serious injury" threshold under Insurance Law § 5102(d). Because these timelines move fast and the rules are unforgiving, this is the point where talking to a lawyer makes the most difference.

Common Mistakes to Avoid

A handful of errors come up again and again after NYC crashes:

  • Leaving the scene. Even for a minor collision, driving off without exchanging information is a crime under VTL § 600.
  • Skipping the police because the crash "seems minor." Injuries like whiplash and concussions often appear hours or days later, and a missing report weakens an insurance claim.
  • Admitting fault or apologizing. Fault is decided on evidence and law, not an offhand comment at the scene.
  • Delaying medical care. A gap between the accident and treatment gives insurers a reason to argue your injuries were not serious or not caused by the crash.
  • Missing the 10-day MV-104 deadline. License suspension follows when the DMV never receives a required report.
  • Waiting past 30 days to notify your insurer. No-fault denials for late notice are common and avoidable.
  • Accepting a quick settlement. Early offers often arrive before the full extent of an injury is known, and once accepted, they are usually final.
AVOID These Mistakes After a Car Accident in New York
What's in this video?

This video outlines the most common mistakes drivers make after a car accident in New York — including leaving the scene, delaying medical care, admitting fault, and missing the MV-104 filing deadline — and how to avoid them.

Related Questions

Do I have to report a minor car accident in NYC?

Possibly yes. New York City police generally do not respond to property-damage-only crashes. But you must still file Form MV-104 with the DMV within 10 days if any one person's property damage tops $1,000 or if anyone was hurt. Because a single damaged vehicle can cross the $1,000 line, many "minor" accidents still require a DMV filing.

What happens if I don't report a car accident in New York?

The consequences depend on which duty you miss. Failing to file the MV-104 with the DMV can lead to suspension of your driving privileges and is a violation under VTL § 605. Leaving the scene of an accident involving injury can be charged as a serious crime under VTL § 600. Failing to notify your own insurer within 30 days can cause your no-fault benefits to be denied.

Does reporting a car accident affect my insurance in New York?

Reporting the accident to your own insurer is what activates your no-fault (PIP) benefits, which pay your medical bills regardless of fault. Filing a claim may affect your premium at renewal. But failing to report on time can cost you the benefits you paid for. The reporting requirement protects you; skipping it does not.

Do I need a lawyer to report a car accident in NYC?

No, you can complete the steps in this guide on your own. A lawyer becomes valuable when you were injured, when fault is disputed, when a government vehicle was involved, or when an insurer delays or denies a claim. Because the deadlines for an injury claim move fast, a free consultation early can keep your options open.


Sources & Official Resources

New York Laws Cited

  1. NY VTL § 600 — Leaving Scene of an Incident Without Reporting
  2. NY VTL § 605 — Report Required Upon Accident
  3. CPLR § 214 — Actions to Be Commenced Within Three Years (Personal Injury)
  4. EPTL § 5-4.1 — Wrongful Death Action; Statute of Limitations
  5. NY Insurance Law § 5102(d) — Serious Injury Definition
  6. General Municipal Law § 50-e — Notice of Claim (90-Day Requirement)

Regulations Cited 7. NY DFS No-Fault Insurance FAQs — $50,000 PIP Benefit and 30-Day Notice 8. NY DFS Regulation 68 — No-Fault Documentation Deadlines (45/90 Days)

Helpful Resources 9. NY DMV — File a Motorist Crash (Accident) Report / MV-104 10. NY DMV — Online Crash Report Portal 11. NYPD — Motor Vehicle Accident Reports (In-Person and Mail Options) 12. NYPD Collision Report Retrieval Portal


Contact The Orlow Firm

After a car accident in NYC, the reporting process is only the beginning. If you were injured, you may have a claim for compensation that reaches well beyond what no-fault insurance covers. And the deadlines to protect that claim move faster than most people expect. The Orlow Firm has handled NYC car accident cases for more than 40 years. We recovered results such as $997,997 for a taxi driver hit head-on by a truck who needed back surgery. Prior results do not guarantee a similar outcome.

Call (646) 647-3398 for a free consultation. We work on contingency, so you pay nothing unless we win.

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This article provides general information and is not legal advice. Every case is different. Contact an attorney to discuss your specific situation.

The Following People Contributed to This Page

Loyda Gomez
Written byParalegal & Office ManagerB.A.Sc., Political Science & Government, John Jay College of Criminal Justice (CUNY), 22+ years at The Orlow Firm, Bilingual: English and Spanish
Adam Orlow
Legally reviewed bySenior Trial PartnerFormer Queens County Bar Association President (2022–2023)

Adam Moses Orlow joined The Orlow Firm after graduating from Yeshiva University's Benjamin N. Cardozo School of Law and has since become an integral part of the firm's success. Following in his... Read More

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