Do You Need a Police Report for an Insurance Claim in NY?

You generally do not need a police report for an insurance claim in New York. State law doesn’t make a police report a condition of filing with your insurer, and for a minor fender bender with no injuries, no report of any kind is legally required. That said, some accidents do require you to notify police at the scene, some require a separate crash report to the DMV, and some claims — theft and vandalism in particular — are hard to get paid without a police report even though no statute demands one.

Police Report vs. DMV Crash Report

These are two different documents, and mixing them up is the single most common mistake drivers make after a collision.

A police report is written by a responding officer at the scene. A DMV crash report is Form MV-104, which you fill out yourself and submit to the New York Department of Motor Vehicles. The legal triggers are different, and plenty of accidents require one but not the other.

The NYPD states directly that vehicle collisions resulting only in property damage don’t need to be reported to police.¹ You exchange license, insurance, and registration information with the other driver and go on your way. But if the property damage exceeds $1,000, the MV-104 is mandatory within 10 days.²

When You Must Call the Police

New York Vehicle and Traffic Law § 600 sets out when police involvement is required. If anyone is injured, the driver must report the accident to a police officer at the scene, or to the nearest police station as soon as physically possible if no officer is around.³ Leaving the scene of an injury accident without reporting it can bring criminal charges.

For property-damage-only accidents, you must stop and exchange your driver’s license, insurance carrier, policy number, and registration information with the other driver.³ If the property owner isn’t present — say, you backed into a parked car — you must report to the nearest police station. If both drivers are present and nobody is hurt, calling police isn’t legally required.

When You Must File the DMV Crash Report

Separately from any police involvement, New York Vehicle and Traffic Law § 605 requires you to file an MV-104 with the DMV Commissioner within 10 days if the accident involves any of the following:

Any person killed or injured, no matter how minor the injury seems.
Damage to any one person’s property, including your own, exceeding $1,000.
An e-bike or e-scooter crash in which someone is injured or killed.

The $1,000 threshold sounds generous, but a cracked bumper cover alone can run $800 to $1,500. When in doubt, file.⁴

You can file the MV-104 online through the DMV website or submit a PDF version.⁵ If you’re physically unable to file, the other driver must file within 10 days. If that driver is also incapacitated, the vehicle owner takes over once they learn of the accident.

Skipping the MV-104 is a misdemeanor. The DMV Commissioner can suspend or revoke your driver’s license, your registration, or both, and can suspend your license on the spot until you file.⁴ Non-residents lose their privilege to drive in New York. This penalty is independent of anything your insurer does.

When No Report Is Required

In a minor fender bender where nobody is hurt and property damage is clearly under $1,000, New York law requires neither a police report nor an MV-104. Exchange information with the other driver and that’s it.¹

For non-vehicle incidents like minor storm damage, water leaks, or small personal property losses that don’t involve theft, no New York statute requires a police report before you contact your insurer. Your policy may encourage one, and theft or vandalism claims will practically require one, but there’s no general legal mandate.

Why a Police Report Still Helps

Even when a police report isn’t required, having one usually makes the claim smoother. A report is a third-party account from someone with no financial stake in the outcome. It documents the date, time, and location of the incident, the people involved, witness information, road and weather conditions, and sometimes the officer’s preliminary read on what happened.

Without a report, your claim rests on your own account and whatever evidence you gathered on your own. That’s not fatal, but it makes disputes harder. If the other driver changes their story weeks later, a contemporaneous police report is far more persuasive than competing recollections.

For theft, burglary, or vandalism claims on homeowners’ or renters’ insurance, most insurers expect a police report even though no New York law requires one for the claim itself. An insurer that sees a theft claim without a police report will scrutinize it more carefully, and processing will take longer.

The 30-Day No-Fault Notice Deadline

For auto accidents, there’s a reporting deadline that catches people off guard, and it has nothing to do with police. Under New York’s no-fault system, you must give your no-fault insurer written notice of the accident within 30 days. The notice has to include enough detail to identify you as the injured person plus the time, place, and circumstances of the crash.⁶

If you can’t meet the 30-day window, you need to submit a written explanation of why the delay was justified. Without a good reason, the insurer can deny your entire no-fault claim. No-fault pays medical expenses and lost earnings regardless of fault, up to $50,000 in basic Personal Injury Protection, so missing this deadline can be expensive.⁶

Getting a Copy of a Police Report

If you decide you want a report for your insurer, how you get it depends on where the incident happened. For emergencies — active crimes, serious injuries, accidents where someone needs medical attention — call 911 and officers will generate a report on scene.

For less urgent situations in New York City, call 311 or use the NYC311 online portal to report things like minor property crime or a non-injury hit-and-run.² Outside the city, contact the local police department’s non-emergency line.

To obtain a copy in New York City, the NYPD provides a free Verification of a Complaint Report online or by mail through its portal.⁷ An Aided Report for incidents involving injuries is available by mail only. For the full, unredacted complaint report, you’ll need a Freedom of Information Law (FOIL) request, which takes longer. Outside New York City, contact the police department or sheriff’s office that responded; fees and turnaround times vary by jurisdiction, typically running from nothing up to about $15.

Quick Reference by Scenario

Here’s how reporting obligations break down:

Minor crash under $1,000, no injuries: exchange info. No police report or MV-104 required. Both optional, both recommended.
Property damage of $1,000 or more, no injuries: exchange info and file the MV-104 within 10 days. No police report required.
Any crash with injuries or death: report to police at the scene or the nearest station, file the MV-104 within 10 days, and give your no-fault insurer written notice within 30 days.
Theft, burglary, or vandalism: no legal mandate for insurance purposes, but file a police report anyway. Most insurers will expect one.
Storm damage, water leak, or similar property loss: no police report needed. Contact your insurer and document everything with photos and receipts.

When you’re at the scene weighing whether to bother with a report, the answer in most cases is yes. The fifteen minutes it takes is almost always worth the trouble it prevents later.

1
New York City Police Department. Non-Injury Vehicle Collisions
2
NYC311. Vehicle Accident
3
New York State Senate. New York Vehicle and Traffic Law VAT 600
4
New York State Senate. New York Vehicle and Traffic Law 605 – Report Required Upon Accident
5
New York State Department of Motor Vehicles. File a Motorist Crash (Accident) Report
6
Department of Financial Services. Consumer FAQs About No-Fault Insurance
7
NYPD Online. Obtain Your Report