In New York, you have to report a car accident on three separate clocks: immediately at the scene to police when there is injury, death, or an absent property owner; within 10 days to the DMV in writing when anyone was hurt or property damage exceeds $1,000; and within 30 days to your own no-fault insurer to preserve medical and lost-wage benefits. Each deadline is independent, and satisfying one does not satisfy the others.
Reporting at the Scene
The first deadline is zero. Before you leave, New York’s Vehicle and Traffic Law requires you to stop and exchange information, and in some cases to notify police right then.
If the crash caused injury or death, you must stop, give your name, address, license, insurance information, and license number to the injured person if you can, and report the incident to a police officer. If no officer is present, you must report to the nearest police station as soon as you physically can.1New York State Senate. New York Code VAT 600 – Leaving Scene of an Incident Without Reporting
If only property was damaged, the same identifying information goes to the property owner. When the owner is not around, you must report to the nearest police station or judicial officer as soon as you physically can.2New York State Senate. New York Code Vehicle and Traffic Law 600 – Leaving Scene of an Incident Without Reporting
Driving off without doing this is charged as leaving the scene, and the charge escalates with the harm: a traffic infraction for property-only crashes, a class A misdemeanor for personal injury, a class E felony for serious injury, and a class D felony where someone is killed.1New York State Senate. New York Code VAT 600 – Leaving Scene of an Incident Without Reporting
The 10-Day DMV Report
Section 605 of the Vehicle and Traffic Law requires a written report to the Commissioner of Motor Vehicles within 10 days of the accident whenever the crash involved:
- Any injury or death, no matter how minor the injury seemed
- Property damage over $1,000 to any single person, including damage to your own vehicle alone
- An e-bike or e-scooter, where a person was injured or killed3New York State Department of Motor Vehicles. File a Motorist Crash (Accident) Report
Every driver involved files their own report. A police report written at the scene does not count. Even if officers responded and documented everything, you still owe the DMV your own submission.4New York State Senate. New York Code Vehicle and Traffic Law 605 – Report Required Upon Accident
If a driver is physically unable to file, the other participant in the crash must file within 10 days. If the driver cannot file and was the only one involved, the vehicle’s owner files within 10 days of learning about the accident.5New York State Senate. New York Code VAT 605 – Report Required Upon Accident
An out-of-state license does not exempt you. Section 605 applies to every driver in a qualifying crash within New York’s borders. If a non-resident fails to file, New York can suspend or revoke that person’s privilege to drive in the state and to operate any vehicle they own here.5New York State Senate. New York Code VAT 605 – Report Required Upon Accident
The form is the MV-104, Report of Motor Vehicle Accident. You can file online through the DMV’s crash report portal or by mailing the completed PDF to the address on the second page.3New York State Department of Motor Vehicles. File a Motorist Crash (Accident) Report
The 30-Day No-Fault Notice
New York is a no-fault state, so your own insurer pays your medical bills and lost wages regardless of who caused the crash. To keep those benefits, you must give your no-fault insurer written notice within 30 days of the accident under Regulation 68. The 30-day clock starts the day after the accident date.6New York State Department of Financial Services. Consumer FAQs About No-Fault Insurance
Two follow-on deadlines apply once you have given notice. Medical bills must be submitted within 45 days of the date services are rendered, and lost-wage claims within 90 days of the lost income.7New York State Department of Financial Services. OGC Opinion No. 08-06-01 – NF-2 Submission Timeframe Missing these windows is the most common way people lose benefits they were otherwise entitled to.
There is a narrow exception. If you can provide written proof showing clear and reasonable justification for missing the 30 days, your claim may still be accepted.6New York State Department of Financial Services. Consumer FAQs About No-Fault Insurance It exists for genuine emergencies like hospitalization or incapacity, not for forgetting.
Notifying Your Liability Insurer
Separate from the no-fault claim, your auto policy almost certainly requires notice of the accident “promptly” or “as soon as practicable.” Treat that as a same-day or next-day call.
New York Insurance Law does give you more protection than the policy language suggests. Late notice by itself does not automatically void coverage. If you gave notice within two years of the policy deadline, the insurer must prove your delay actually harmed its ability to investigate or defend the claim. Only after two years does the burden flip, requiring you to prove the insurer was not prejudiced.8New York State Senate. New York Insurance Law 3420 A late notice is not automatically fatal, but it puts you in a fight you would rather avoid.
What Happens If You Miss the DMV Deadline
Failing to file the MV-104 within 10 days, or putting false information on it, is a misdemeanor. That is a criminal charge, not a traffic ticket, and it carries the consequences of a criminal record.5New York State Senate. New York Code VAT 605 – Report Required Upon Accident
The DMV can also temporarily suspend your driver’s license, your vehicle registration, or both until you actually file. The suspension lifts once the report is submitted, but driving on a suspended license in the meantime creates a separate problem.5New York State Senate. New York Code VAT 605 – Report Required Upon Accident If you realize the deadline has passed, file right away rather than waiting.
Reporting Deadlines Are Not Lawsuit Deadlines
Filing the MV-104 or a no-fault claim keeps you compliant with state requirements. Neither one is a lawsuit. If you want to sue the other driver for damages that go beyond no-fault, different clocks apply: three years from the date of the accident for personal injury or property damage,9New York State Senate. New York Civil Practice Law and Rules Law 214 – Actions to Be Commenced Within Three Years and two years from the date of death, not the date of the crash, for wrongful death.10New York State Senate. New York Estates Powers and Trusts Law 5-4.1 Meeting the 10-day and 30-day reporting deadlines produces the documentation a later lawsuit will rely on.