Understanding Your Legal Obligations and Protecting Your Rights
The moments after a car accident are chaotic. Your hands shake, your thoughts race, and amid the confusion, one critical question surfaces: Do I need to call the police? The answer isn't always straightforward, and making the wrong decision can have serious consequences for both your legal rights and your ability to recover compensation.
New York's Police Report Requirements: What the Law Actually Says
Under Section 605 of the New York State Vehicle and Traffic Law, you must immediately notify the police if a person is injured or killed in a crash. This is non-negotiable—leaving the scene of an accident that causes personal injury or death is a crime.
For property-damage-only accidents, New York law doesn't technically require you to file a police report at the scene. However, this legal loophole doesn't mean you should skip calling the police. Here's why:
Even "Minor" Accidents Can Hide Serious Injuries
Adrenaline is deceptive. What feels like a minor fender-bender can mask:
- Whiplash and soft tissue injuries that manifest hours or days later
- Concussions with delayed symptoms
- Internal injuries that aren't immediately apparent
- Spinal damage that progressively worsens
Our medical-legal expertise has shown us repeatedly that clients who initially felt "fine" later discovered they had sustained serious, compensable injuries. Without a police report filed at the scene, proving these injuries resulted from the accident becomes significantly more difficult.
Insurance Companies Use Missing Reports Against You
Insurance adjusters are trained to minimize payouts. A missing police report gives them ammunition to argue:
- The accident wasn't serious
- Your injuries are exaggerated or unrelated
- The accident didn't happen as you described
Having an official police report creates an immediate, unbiased record of the incident—one that insurance companies can't easily dismiss.
The DMV Report Requirement: Don't Miss This Critical Deadline
Beyond calling the police, New York law requires all drivers involved in a crash to file Form MV-104 (Report of Motor Vehicle Accident) with the DMV within 10 days if the accident resulted in injury, death, or property damage exceeding $1,000 to any person.
This requirement applies even if police responded to the scene. The police report and the DMV report are separate obligations.
Consequences of Missing the 10-Day Deadline
If you fail to file a crash report, the DMV may suspend your driving privileges until the report is on file. This suspension can:
- Prevent you from getting to work
- Complicate your injury claim
- Result in additional legal penalties
Additionally, you must report the accident to your insurance company within 30 days of the incident, or your insurance claim might be rejected, leaving you without the compensation you need.
How to File the DMV Report (Form MV-104)
You can access Form MV-104 online through the New York DMV website. The form requires:
- Driver's license numbers and personal information for all drivers
- Insurance policy details
- Vehicle information (make, model, VIN, license plates)
- A diagram showing the accident location and vehicle positions
- A detailed description of how the accident occurred
Pro tip: Print several copies of Form MV-104 and keep them in your glove compartment. Having the form readily available after an accident reduces stress and ensures you capture accurate details while they're fresh.
What Information to Exchange at the Accident Scene
Whether or not police respond, you're legally required to exchange information with other involved drivers. You'll need:
- Full legal names of all drivers
- Phone numbers and addresses
- Driver's license numbers and expiration dates
- Insurance company names and policy numbers
- Vehicle registration information
- License plate numbers
If the accident caused property damage only, you must exchange information about your driver license, insurance, and registration with the involved drivers. If a parked vehicle or other property is damaged, or if a domestic animal is injured, you must locate the owner or contact the police.
What to Tell the Police (And What Not to Say)
When the officer arrives, you'll be asked to describe what happened. This moment is crucial—your statement becomes part of the official record that insurance companies, lawyers, and potentially courts will review.
Be Detailed and Honest, But Strategic
- Do: Stick to observable facts (traffic lights, weather, vehicle positions)
- Do: Mention if you're experiencing any pain or discomfort
- Don't: Admit fault or apologize (even reflexively saying "I'm sorry" can be misconstrued)
- Don't: Speculate about what the other driver was thinking or doing
- Don't: Downplay your injuries by saying you're "fine"
You Have the Right to Speak with an Attorney First
You are not legally required to give a detailed statement to police at the scene. You can politely inform the officer: "I'd like to speak with my attorney before discussing the details of the accident." This isn't suspicious—it's a smart legal strategy that protects your rights.
Call Ajlouny Injury Law immediately at (888) 495-8087, even from the accident scene. Our 24/7 availability means we can guide you through these critical first moments when what you say matters most.
How to Obtain Your Police Report
Once filed, police reports become official records you'll need for insurance claims and potential lawsuits.
For NYC Accidents
The NYPD offers an online Collision Report Retrieval Portal that allows you to access police reports for motor vehicle accidents within city limits. You'll need:
- The accident report number (if provided at the scene)
- The accident date
- Driver's license information for involved parties
- Payment of approximately $10 per report
Note that it can take up to a week after your accident for the report to show up in the portal.
Alternatively, you can request the report in person at the precinct where the accident occurred by completing the "Request for Copy of Collision Record" form available at nyc.gov.
For Accidents Outside NYC
You can search, purchase, and immediately download certified crash reports online through the New York State DMV. You must pay both a $7.00 search fee and a $15.00 report fee for each report.
Reports filed in NYC take a minimum of 14 to 30 days to enter the DMV system. Reports outside NYC take at least 60 days to enter the system.
For New York State Thruway Accidents
If your accident occurred on the New York State Thruway or its arterial roads, you must request the report from the New York State Thruway Authority using form TA-W4310, with a $15 search fee and approximately 4 weeks processing time.
Frequently Asked Questions About New York Police Reports
Q: What happens if I don't report a car accident to the DMV?
A: The DMV may suspend your driving privileges until you file the required report. This can prevent you from legally driving to work or fulfilling other obligations.
Q: Do you need a police report to file an insurance claim in NY?
A: While not always legally required, having a police report significantly strengthens your insurance claim. Insurance companies are more likely to accept your version of events when backed by an official police report.
Q: How long do you have to report a car accident in NY?
A: You have 10 days to file Form MV-104 with the DMV and 30 days to notify your insurance company. Missing these deadlines can result in license suspension and claim denial.
Q: Do I need a police report for a car accident in New York?
A: By law, you must call police immediately if anyone is injured. For property-damage-only accidents, while not legally required, filing a police report protects your rights and strengthens any insurance claim.
Speak with a Top Personal Injury Lawyer in New York City
We know you have many questions after being involved in an accident. The steps you take following the crash can significantly affect the outcome of your case. Insurance companies don't have your best interests in mind, but our legal team will.
When you call Ajlouny Injury Law, you'll speak directly with one of our experienced injury attorneys—not a paralegal or case manager. Our unique advantage is founder Paul Ajlouny's medical background, which allows us to interpret complex medical records and build cases that reflect the true value of your injuries. This medical-legal expertise has contributed to over $300 million recovered for clients and our Martindale-Hubbell AV Preeminent rating.
We work on contingency—you pay nothing unless we win. To schedule a FREE consultation with one of our top NYC personal injury attorneys, contact Ajlouny Injury Law online or call (888) 495-8087 today. We're available 24/7.
