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NY Car Accident Reporting Laws

In New York, drivers involved in car accidents must adhere to specific reporting laws to ensure legal compliance and facilitate insurance claims. Understanding these requirements is crucial for avoiding penalties and protecting one’s driving privileges.

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Overview of New York Car Accident Reporting Laws

New York has specific rules for reporting car accidents to the police, DMV, and insurance companies. Handling the necessary legal steps after being involved in a car accident in New York can be complex and overwhelming if you’re unfamiliar with applicable laws. Below are some of the most important laws and procedures to be aware of in case of a crash.

New York Vehicle and Traffic Law (VTL)

  • VTL § 600: This law mandates that drivers involved in accidents resulting in injury, death, or property damage exceeding $1,000 cannot leave the scene before providing necessary information or reporting the incident to the police.
  • VTL § 605: This law requires drivers involved in an accident to report the crash to the Commissioner of Motor Vehicles under certain conditions. If the accident resulted in injury, death, or over $1,000 in property damage, drivers must file a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days.

New York State Department of Motor Vehicles (DMV) Reporting Forms

  • MV-104 Form: The official form used to report accidents to the DMV. Drivers must submit this form within 10 days if the accident involves injury, death, or property damage over $1,000.
  • Who Needs to File: Drivers involved in accidents with property damage over $1,000, injuries, or fatalities must file the MV-104 form with the DMV.
  • Deadline: The form must be filed within 10 days of the accident.
  • How to File: The form can be filed online, by mail, or in-person at your local DMV office.
  • What to Include: Information on the accident, injuries, damages, and insurance details for all involved parties.

New York State Insurance Law

New York operates under a no-fault car insurance system, meaning drivers must file claims with their own insurance company regardless of who was at fault for the accident. The right to file a lawsuit against the at-fault party is restricted to cases involving serious injuries.

Under New York’s no-fault car insurance laws, drivers must notify their insurance company promptly after an accident to qualify for no-fault benefits, including medical coverage and reimbursement for lost wages. You have 30 days from the date of the accident to provide notice to your insurer under state law, but it’s best to report within 24 hours of the crash. In crashes involving an uninsured or underinsured driver, you must report the accident to your insurance company within 90 days to receive uninsured or underinsured motorist coverage.

How to Report a Car Accident in NY

In New York, motorists are legally required to report accidents involving injuries, fatalities, or significant property damage to the DMV and the police. Failing to report a car accident promptly can lead to license suspension, fines, and insurance claim denial.

1: Report to the Police 

  • Requirement: Accidents involving inju ry, death, or significant property damage should be reported to the police immediately.
  • What to Expect: Officers will typically arrive at the scene, file an accident report, and provide a case number for your records.
  • When Police Report is Not Required: If there are no injuries or significant damage, police reports may not be necessary, but it’s still a good idea to exchange information with the other party and document the scene.

2: Complete the MV-104 Form

3: Exchange Information with Other Involved Parties

  • Required Information: Name, address, phone number, driver’s license number, license plate number, and insurance details (company name, policy number).
  • Why It’s Important: Helps with filing insurance claims, resolving disputes, and completing the MV-104 form.

4: Notify Your Insurance Company

  • Requirement: Notify your insurance company as soon as possible, especially if the accident causes injury or property damage.
  • Timeframe: Most policies require notification within 24 to 72 hours.
  • Why Notify?: Filing an accident report with your insurer can help protect your rights and ensure that your insurance claim is processed promptly.

When Should You Contact a Car Accident Lawyer?

After being involved in a car accident in New York, it can feel overwhelming to try to understand all the legal requirements and deadlines for reporting the crash and filing insurance claims and lawsuits. By working with an experienced New York car accident lawyer, you can focus on healing and recovery while your attorney takes care of the legal burden.

It’s especially important to contact a car accident lawyer if the injuries you or a loved one sustained in an accident were severe, as you may be able to take legal action against the at-fault party to pursue further compensation than your no-fault insurance will provide. In New York, you can only file a car accident lawsuit if you suffered a qualifying “serious injury,” such as a broken bone, loss of a limb, death, or more. However, an attorney can still help even if you aren’t eligible to file a lawsuit.

Meirowitz & Wasserberg Recent Car Accident Settlements

Meirowitz & Wasserberg is a plaintiff-focused law firm built on the principles of personalized client care and an aggressive litigation strategy. We strive to secure maximum compensation for all our clients—many of whom are facing life-changing injuries and other losses. Over the years, we’ve recovered more than $500 million in verdicts and settlements for injured New Yorkers, including the following auto accident results:

  • $1.175 million for a client in a 3-car collision that resulted in a ruptured aorta and spinal paralysis.
  • $790,000 for a client in a 3-car collision that resulted in left shoulder supraspinatus tendinopathy with infraspinatus and subscapularis.
  • $600,000 jury verdict for a client who suffered a neck injury and post-concussion syndrome as a result of a motor vehicle accident.
  • $305,000 for a client whose vehicle was struck by a rented passenger vehicle who ran a stop sign, causing a herniated disk, spinal stenosis, neck and back pain, and an inability to walk.
  • $300,000 for a client who was rear-ended by a commercial vehicle in Queens, resulting in shoulder surgery.

Our Client Reviews

At Meirowitz & Wasserberg, providing individualized attention and high-quality service to every client is at the forefront of what we do. Hear from some of our previous clients below about their experiences working with us.

“Meirowitz & Wasserberg, LLP fights all the way through until the end. They actually care about your well-being, not just the case. Highly recommend 10/10, I wouldn’t look anywhere else.”

“Sam did an outstanding job with my case. Sam and his staff were very supportive and empathetic, and handled all matters very professionally.”

“When working with this company, they never hesitated when I required assistance. They were very professional and always cared about their clients’ demands.”

Speak to a Car Accident Attorney Today

After a car accident, it’s crucial to know the deadlines for reporting your accident to your insurer, law enforcement, and the DMV. It’s also important to know the legal deadlines for filing a car accident lawsuit. Acting quickly to file the necessary reports after an accident can significantly improve your chances of a successful insurance payout or lawsuit settlement.

At Meirowitz & Wasserberg, our award-winning car accident attorneys are nationally recognized and have successfully handled hundreds of car accident lawsuits and recovered millions of dollars for our clients. Providing personal attention and dedication to each client’s case is our top priority. To learn more about your rights and legal options after a New York car accident, contact us today for a free consultation by calling 800-726-6326, extension 123, or filling out our online contact form.

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