New York Accident Report: How to Read and Understand It

In this guide, we’ll simplify the New York Accident Report for you by explaining the important sections and then showing you how to complete all form fields properly in order to ensure your rights are protected. Whether you’re in the middle of handling a claim or just seeking more initial clarity on your situation, we’ll provide you deeper understanding and confidence to complete this critical early process step.

Introduction to the Accident Report

If you’ve been in a car accident in New York, you’ve likely heard about the accident report. This government-issued document plays a significant role in resolving accident claims and preserving the rights of each party. Before diving into its details, let’s explore what it is, why it’s important, and who’s responsible for filing it.

What is the Accident Report?

The accident report, officially known as the MV-104 Report of Motor Vehicle Accident, is a detailed account of a crash filed with the New York Department of Motor Vehicles (DMV). It includes vital information such as the parties involved, the accident’s location, and contributing factors.

When and Why is it Required?

Filing the accident report is not just a formality—it’s a legal obligation in certain situations. This requirement ensures that accidents are properly documented, evidence accurately recorded, and involved parties held accountable.

You’ll need to file the report if:

• The accident caused property damage of $1,000 or more. This applies to the damage to any vehicle or property involved.
• There were injuries or fatalities. Whether minor or severe, reporting is crucial when someone is hurt or has lost their life.
• The police did not investigate the crash at the scene. In cases where no officer is present to document the accident, it’s up to you to ensure the report is filed.

Who Should File the Report?

Depending on the circumstances, different individuals may need to file the report. Here’s who typically needs to file:

• Drivers of vehicles involved in the accident: If you were driving any car that got involved in the accident, it’s your legal duty to file the report.
• Representatives of injured or deceased drivers: In cases where a driver cannot file due to injury or death, their representative must take responsibility.
• Owners of damaged property or vehicles: If your property or vehicle sustained damage in an accident and wasn’t reported by the involved parties, you might need to file to protect your rights.

Failing to file can lead to complications, including delays in insurance claims and legal disputes.

Section A of the Motor Vehicle Accident Report

Section A of the MV-104 Motor Vehicle Accident Report collects essential details about the drivers, vehicles, and public property involved in the accident. This section establishes the foundational information necessary for insurance claims and legal procedures.

The subsequent descriptions dive deeper into the critical components of Section A, starting with the driver information for all involved vehicles.

Driver Information

This section, marked with the number 1 on the left, contains the personal and legal details of the drivers involved.

Details Required for the Driver of Vehicle 1 and Vehicle 2

For each driver, the following details must be included exactly as they appear on their driver’s license:

• Name: Full legal name, including first, middle initial, and last name.
• Address: Residential address, including house number, street, apartment number (if applicable), city, state, and ZIP code.
• Sex: Gender as stated on the driver’s license.
• Date of Birth: Recorded in the format provided on the license.
• Driver License ID Number: The unique identification number on the driver’s license.
• Issuing State: The state that issued the driver’s license.

Number of Occupants and Public Property Damage

This part of the report requires the following:

• Number of Occupants: The total number of people inside the vehicle at the time of the crash, including the driver.
• Public Property Damage: Check the box if your vehicle caused any damage to public property, such as guardrails or traffic signs.

Registrant Information

This section has number 2 on the left side. It contains information about vehicle registrants.

Details of the Vehicle Registrant

In this section, the following details are required:

• Name: The full name of the vehicle registrant as listed on the registration.
• Address: The registrant’s address, including house number, street, apartment number (if applicable), city, state, and ZIP code.
• Date of Birth: The registrant’s date of birth, exactly as it appears on the vehicle registration.
• License Plate Number: The vehicle’s registration plate number.
• Vehicle Type: The type of vehicle (e.g., sedan, SUV, truck) as indicated on the registration.

State of Registration and Insurance Code

Here, you must record the following:

• State of Registration: The state where the vehicle is registered.
• Insurance Code: The code that corresponds to the vehicle’s insurance coverage.

These details are important for linking the vehicle to the correct state records and ensuring insurance information is properly recorded for claims or legal proceedings.

Vehicle Damage

This section is dedicated to recording the damage sustained by the vehicles involved in the accident. It helps determine the extent of the damage.

Description of Vehicle Damage

This part includes information about the type and extent of damage for each vehicle involved in the accident. The report specifies the areas of the vehicle that were damaged and assesses the severity of the damage, such as minor, moderate, or severe.

Cost Estimates for Property Damage

Here, you will find categories to estimate the cost of property damage for each vehicle involved in the accident. The categories are:

• $1,001 – $1,500
• $1,501 – $2,500
• $2,500+

Accident Diagram

The Accident Diagram section provides a set of pre-drawn diagrams that illustrate various accident scenarios, showing how the accident likely occurred. These diagrams are numbered 0 to 8 and represent different collisions. The diagram section allows for a visual representation of the vehicle’s direction of travel and the positioning of each vehicle. If none of the provided diagrams accurately reflect the accident, there is an open space with instructions to draw your own diagram.

Accident Location

The Accident Location section contains vital information about where the accident took place. This information is crucial for reconstructing the event and determining the conditions surrounding the crash.

Details of the Accident Scene

This part of the report includes the street names, intersections, or landmarks near the accident. It also has information about the county, city, village, or town where the accident occurred. This information is important for pinpointing the exact location of the accident.

Direction and Distance of Events

This section also specifies the direction that each vehicle was traveling during (and after, if applicable) the accident. It also records the distance from landmarks or intersections, providing context about how far the collision occurred. This helps understand how the vehicles moved and can influence factors like road conditions or visibility during the crash.

Explaining How It Happened

This part of the report requires a description of how the accident happened. It might include pertinent information such as whether one vehicle was speeding, swerving, or failing to yield the right of way. Explaining the chain of events in more thorough detail via this section helps authorities determine the proper cause of the accident.

All Involved

The All Involved section is essential for documenting all individuals impacted by the accident. It details the people involved, their roles, injuries, and the safety equipment.

List of People Involved in the Accident

This part of the report lists all people involved in the accident, including:

• Drivers of the vehicles
• Passengers in the vehicles
• Pedestrians or cyclists affected by the crash

For each person, it records their name, age, and gender, along with a code that shows their role in the accident:

• Code 1: Driver of Vehicle 1
• Code 2: Driver of Vehicle 2
• Code 3: Pedestrian (walking near or at the scene)
• Code 4: Bicyclist
• Code 5: Other Pedestrian (e.g., someone on a skateboard or using rollerblades)

If anyone died due to the accident, the report will include their date of death.

Injury Details and Codes

This section categorizes the severity and type of injuries sustained by each person involved using the following injury codes:

Code A:

• Severe lacerations
• Broken or distorted limbs
• Skull fractures
• Crushed chest
• Internal injuries
• Unconscious when taken from the accident scene
• Unable to leave the accident scene without assistance

Code B:

• Lump on the head
• Abrasions
• Minor lacerations

Code C:

• Momentary unconsciousness
• Limping
• Nausea
• Hysteria
• Complaint of pain (no visible injury)
• Whiplash (complaint of neck and head pain)

Safety Equipment Used and Codes

This section records the safety devices used by each individual during the accident. The following codes are used to indicate the type of safety equipment in place:

• Code 1: None
• Code 2: Lap Belt
• Code 3: Shoulder Restraint
• Code 4: Lap Belt Restraint
• Code 5: Child Restraint Only
• Code 6: Helmet (Motorcycle Only)
• Code 7: Airbag Deployed
• Code 8: Airbag Deployed / Lap Belt
• Code 9: Airbag Deployed / Shoulder Restraint
• Code A: Airbag Deployed / Lap Belt / Restraint
• Code B: Airbag Deployed / Child Restraint
• Code C: Helmet Only
• Code D: Helmet / Other
• Code E: Pads Only
• Code F: Stoppers Only
• Code O: Other

Position in/On Vehicle and CodeS

This section records where each individual was positioned in or on the vehicle during the accident.

• Code 1: Driver
• Code 2-7: Passengers (each code represents a different seat position in the vehicle, such as front seat, rear seat, etc.)
• Code 8: Riding or hanging on the outside of the vehicle (e.g., on a motorcycle or holding onto a moving vehicle)

Insurance Information

This section of the accident report provides detailed information about the insurance coverage for each vehicle involved. It also includes records of non-vehicle property damage, permits, and self-insured vehicles, ensuring all relevant coverage details are documented.

Insurance Details for Each Vehicle

This part of the report contains:

• VIN (Vehicle Identification Number): A unique identifier for each vehicle.
• Name of the Insurance Company: The company providing coverage for the vehicle.
• Name and Address of the Policyholder: Details of the individual or entity holding the insurance policy.
• Policy Number: The policy’s unique identification number.
• Policy Period (From-To): The start and end dates of the coverage period, confirming whether the policy was active at the time of the accident.

Additional Permit or Certificate Information

For vehicles operating under permits or self-insurance, this section includes:

• Permit Information: Details of permits issued by regulatory agencies, such as ICC, USDOT, or NYSDOT.
• Self-Insurance Certificate Number: A unique number for self-insured vehicles that meet legal requirements for coverage.

Driver (or Representative) Acknowledgment

The accident report includes a section for the driver or their representative to verify the accuracy of the information provided. This part contains:

• Date: The date the report was completed.
• Printed Name: The full name of the driver or their representative for Vehicle 1.
• Signature: The driver or representative of Vehicle 1 must sign the report to validate it. This ensures that the report is complete and meets legal filing requirements.

Understanding Section B: Pre-Defined Codes for Reporting

Section B of the accident report provides a structured way to record key details about the accident. These pre-defined codes record the specific aspects of the incident for easier interpretation. The codes are listed in boxes on the right-hand side of the report and correspond to explanations on page two. This section focuses on breaking down these codes for clarity.

Pedestrian/Bicyclist/Other Pedestrian Location

This box records where a pedestrian, bicyclist, or other pedestrian was located during the accident. The codes are:

• Code 1: At an intersection
• Code 2: Not at an intersection

These codes help determine whether the accident occurred in a controlled or uncontrolled area, which can influence liability assessments.

Pedestrian/Bicyclist/Other Pedestrian Action

This box specifies the actions of the pedestrian, bicyclist, or other pedestrian at the time of the accident. The codes are:

• Code 1: Crossing with signal
• Code 2: Crossing against signal
• Code 3: Crossing with no signal, marked crosswalk
• Code 4: Crossing with no signal or crosswalk
• Code 5: Riding, walking, or skating along the highway with traffic
• Code 6: Riding, walking, or skating along the highway against traffic
• Code 7: Emerging from in front of or behind a parked vehicle
• Code 8: Going to or from a stopped school bus
• Code 9: Getting on/off a vehicle other than a school bus
• Code 11: Working in roadway
• Code 12: Playing in roadway
• Code 13: Other actions in roadway
• Code 14: Not in roadway

These codes clarify the pedestrian or bicyclist’s actions, which are critical in determining accident causation.

Traffic Control

This box identifies the type of traffic control present at the accident location. The codes include:

• Code 1: None
• Code 2: Traffic signal
• Code 3: Stop sign
• Code 4: Flashing light
• Code 5: Yield sign
• Code 6: Officer/guard
• Code 7: No passing zone
• Code 8: Railroad crossing sign
• Code 9: Railroad crossing flashing light
• Code 10: Railroad crossing gates
• Code 11: Stopped school bus with flashing red lights
• Code 12: Construction work area
• Code 13: Maintenance work area
• Code 14: Utility work area
• Code 15: Police/fire emergency
• Code 16: School zone
• Code 20: Other

These codes provide context about traffic control measures contributing to the crash.

Light Conditions

This box describes the light conditions at the time of the accident. The codes are:

• Code 1: Daylight
• Code 2: Dawn
• Code 3: Dusk
• Code 4: Dark, road lighted
• Code 5: Dark, road unlighted

Understanding light conditions helps determine visibility and its role in the accident.

Roadway Character

This box describes the shape and slope of the roadway where the accident occurred. The codes are:

• Code 1: Straight and level
• Code 2: Straight and grade
• Code 3: Straight at hillcrest
• Code 4: Curve and level
• Code 5: Curve and grade
• Code 6: Curve at hillcrest

These codes provide insights into how the road’s design has affected the crash.

Roadway Surface Condition

This box records the condition of the road surface. The codes include:

• Code 1: Dry
• Code 2: Wet
• Code 3: Muddy
• Code 4: Snow/ice
• Code 5: Slush
• Code 6: Flooded
• Code 0: Other

These details help assess how road conditions have influenced vehicle control.

Weather

This box records the weather conditions at the time of the crash. The codes are:

• Code 1: Clear
• Code 2: Cloudy
• Code 3: Rain
• Code 4: Snow
• Code 5: Sleet/hail/freezing rain
• Code 6: Fog/smog/smoke
• Code 0: Other

Weather plays a significant role in accidents, affecting visibility, vehicle operation, and road traction.

Direction of Travel

This box records the direction in which each vehicle was traveling. The codes are:

• Code 1: North
• Code 2: Northeast
• Code 3: East
• Code 4: Southeast
• Code 5: South
• Code 6: Southwest
• Code 7: West
• Code 8: Northwest

Knowing vehicle directions helps reconstruct the sequence of events leading to the collision.

Pre-Accident Vehicle Action

This box records the action of each vehicle just before the accident. The codes include:

• Code 1: Going straight ahead
• Code 2: Making right turn
• Code 3: Making left turn
• Code 4: Making U-turn
• Code 5: Starting from parking
• Code 6: Starting in traffic
• Code 7: Slowing or stopping
• Code 8: Stopped in traffic
• Code 9: Entering parked position
• Code 10: Parked
• Code 11: Avoiding object in roadway
• Code 13: Passing
• Code 14: Merging
• Code 15: Backing
• Code 16: Making right turn on red
• Code 17: Making left turn on red
• Code 18: Police pursuit
• Code 20: Other

This section identifies vehicle behavior immediately before the crash.

Location of First Event

This box records where the first event of the accident occurred. The codes are:

• Code 1: On roadway
• Code 2: Off roadway

This detail helps pinpoint the initial point of impact or collision.

Type of Accident

This box categorizes the type of accident in terms of whether it involved collisions or non-collision events. The codes include:

• Collision with Another Vehicle: Codes 1, 2, 3, etc., specify the type of collision.
• Collision with Fixed Object: Codes 11-30 identify the specific object struck, such as poles, fences, or trees.
• No Collision: Codes 31-40 cover events like rollovers or fires.

This categorization provides an overview of the accident’s nature for accurate documentation.

Filing and Using the Accident Report

Filing it correctly and understanding its use can impact your claims and liability outcomes. This section explains how to file the report and its applications.

How to File the Report

Filing the MV-104 accident report is straightforward, but it must be done correctly and within the required timeframe to avoid penalties.

• Timeline: If the accident caused property damage of $1,000 or more, injuries, or fatalities, the report must be filed with the New York DMV within 10 days of the incident. Failure to file on time may result in a suspension of your driver’s license or vehicle registration.

• Submission Methods:
  The report can be completed and submitted:
  • By Mail: Send the completed form to the address provided in the report instructions.
  • Online or In-Person: In some cases, DMV offices may accept electronic or in-person submissions. Check your local DMV guidelines for availability.

Legal and Insurance Applications

The accident report plays a key role in both legal and insurance processes:

Accident Claims:
Insurance companies rely on the report to verify essential details about the crash, such as the parties involved, vehicle damage, and contributing factors. It provides the foundational baseline for assessing claims and determining payouts.+

Liability Determination:
The report is often used to establish fault. Details like pre-accident actions, road conditions, and damage assessments are critical for determining which party is liable for the accident.

Evidence in Legal Disputes:
The report serves as official documentation of the accident in lawsuits or legal disputes. Courts and attorneys will reference it repeatedly to support arguments about fault and damages.

Common Errors and How to Avoid Them

Completing the MV-104 Accident Report requires careful attention to detail. Even small errors can have significant consequences for legal and insurance outcomes. This section addresses typical mistakes, their potential impact, and how to correct inaccuracies effectively.

Typical Mistakes in Reporting

Common mistakes in accident reports often arise from misinterpretation or oversight. These include:

• Misusing Codes: Applying the wrong code for factors like light conditions, vehicle actions, or injuries can lead to misunderstandings in fault and liability assessments.
• Incomplete Details: Omitting essential information, such as names, addresses, insurance details, or damage descriptions, can cause delays or disputes.
• Incorrect Injury Reporting: Failing to use the appropriate codes or excluding injury descriptions can undervalue the accident’s severity.
• Neglected Diagrams: Providing inaccurate or unclear accident diagrams can misrepresent how the crash occurred.

Consequences of Inaccuracies

Errors in the report can lead to complications, including:

• Insurance Delays or Denials: Incomplete or inaccurate details prevent insurance companies from processing claims promptly, leading to delays or outright denials.
• Legal Disputes: Incorrect information can result in challenges to your account of the accident, making it harder to prove your case in court.
• Fault Misallocation: Mistakes in describing actions or conditions can increase liability.
• Penalties for Non-Compliance: If the report is incomplete or contains significant errors, the DMV can request corrections or impose penalties for non-compliance with filing requirements.

Correcting Errors in the Report

If you discover an error in a filed report, it’s crucial to address it quickly. Here’s how:

• Contact the DMV: Notify the DMV office where the report was filed and request the procedure for submitting corrections.
• Gather Supporting Documentation: Provide evidence to support the correction, such as photographs, smartphone videos, medical records, or witness statements.
• Submit a Written Request: Complete any necessary forms and include a clear explanation of the error and the correction.
• Follow Up: Verify with the DMV that the corrections were made and documented properly.

If the error significantly impacts your case or claim, consider consulting an attorney to ensure the corrections are handled appropriately and your rights are protected.

When to Seek Legal Help

Filing and properly utilizing an accident report can become overwhelming, especially when disputes arise. In such cases, seeking legal assistance can make a significant difference. A lawyer can guide you through the process, protect your rights, and help resolve any issues effectively.

Situations That Require a Lawyer

There are specific scenarios where professional legal guidance becomes essential, such as:

• Disputed Fault: If the accident report doesn’t assign responsibility or there’s disagreement about who caused the crash, a lawyer can gather evidence and advocate on your behalf.
• Severe Injuries or Fatalities: Accidents involving serious injuries or loss of life often lead to higher stakes, including substantial medical costs or wrongful death claims, requiring skilled legal representation.
• Inaccurate Reports: If the report contains errors that could negatively affect your claim or legal case, an attorney can help correct those inaccuracies.
• Insurance Issues: When an insurance company denies your claim, offers an unfair settlement, or disputes liability, legal assistance can help secure a fair outcome.
• Complex Accidents: Multi-vehicle accidents, accidents involving commercial vehicles, or incidents in work zones often involve complicated liability issues that are best handled by an expert accident attorney.

How a Lawyer Can Help with Your Accident Report

A lawyer’s expertise can simplify the complexities of the accident report and strengthen your case:

• Understanding the Report: Attorneys can break down the technical details of the report, helping you fully understand its implications for your claim or case.
• Identifying and Disputing Errors: Lawyers are quick to spot inaccuracies in the report, such as incorrect codes, missing information, or misinterpretations, and assist in requesting corrections.
• Strengthening Your Case: By gathering additional evidence, such as photos, medical records, or witness statements, a lawyer can build a compelling argument to support your claim.
• Dealing with Insurance Companies: Attorneys are skilled negotiators who can handle disputes with insurance companies to ensure you receive fair compensation.
• Handling Legal Proceedings: If your case escalates to a lawsuit, a lawyer can represent you in court, using the accident report and additional evidence to fight for your rights.

Why Choose Stanley Law Offices as Your Car Accident Lawyer?

Stanley Law Offices is dedicated to helping car accident victims in New York state secure justice and fair compensation. With decades of experience and a client-focused approach, we’re well-equipped to handle your case. Here’s why you can trust us:

Extensive Experience:

With over 90 years of combined experience, we’re skilled in negotiation and courtroom advocacy, in particular with New York state courts, prosecutors, and judges.

Expertise in Car Accident Law:

Our team has years of experience handling car accident cases, from minor collisions to complex, multi-vehicle accidents.

Deep Local Knowledge:

As a firm rooted in New York and proudly serving the upstate NY region, we’re well-versed in state traffic laws, local court systems, and the region’s unique challenges.

Personalized Representation:

Every case is unique, and we take the time to understand your situation fully. Our team creates individualized strategies to ensure the best possible outcome for you.

Proven Success:

Our track record includes thousands of favorable settlements and verdicts including dozens of recent wins, reflecting our historical and ongoing dedication to achieving client results.

When you choose Stanley Law Offices, you choose a team committed to standing by your side, fighting for your rights, and helping you move forward confidently.

Conclusion

Understanding and using your accident report effectively is crucial for protecting your rights and securing fair compensation after a car accident. If you’re facing challenges with your report or need reliable representation, don’t hesitate to seek professional help.

At Stanley Law Offices, we’re here to guide you through every step of the process. Whether you need assistance correcting inaccuracies, dealing with insurance companies, or building a strong case, our experienced team is ready to help.
Contact us today to speak with a dedicated car accident lawyer and take the first step toward resolving your case. Let us help you get the answers and justice you deserve.

FAQs: New York Accident Report