The short answer is no. You don’t always need a police report for a minor fender bender in New York.
However, you must file a written report with the Department of Motor Vehicles (DMV) within 10 days if anyone is injured or killed, or if damage to any one person’s property is more than $1,000. If someone is injured or killed, you are also legally required to notify the police immediately. Even when it’s not required, calling the police can be helpful if the other driver won’t cooperate or if you need an official record for an insurance claim.
Queens car crash lawyer Keetick L. Sanchez helps drivers throughout Queens and Jackson Heights navigate the aftermath of fender benders. At K L Sanchez Law Office, P.C., our car accident attorneys help you understand your reporting obligations, deal with insurance companies, and protect your rights after a collision. We handle cases throughout New York.
This guide explains when you must file a police report, what a Form MV-104 requires, how to protect yourself at the scene, and when failing to report can lead to criminal charges or license suspension. Contact K L Sanchez Law Office, P.C. today at (646) 701-7990 for a free consultation.
What Counts as a Fender Bender in New York?
A fender bender is a low-speed collision that causes minor vehicle damage. These accidents typically happen in parking lots, at stop signs, or in slow-moving traffic on roads like Queens Boulevard or Northern Boulevard. Despite the minor nature of these collisions, they can still create legal complications if not handled properly.
Common causes include distracted driving, following too closely, and parking lot mishaps. Weather conditions like rain or snow can also contribute to these minor accidents.
Key Takeaway: Fender benders are low-speed collisions with minor damage, but they still require proper documentation to protect your legal rights and comply with New York reporting requirements.
When Must You File a Police Report After a Fender Bender in New York?
New York law requires a written accident report in specific situations. You must file Form MV-104 with the DMV within 10 days if property damage exceeds $1,000 to any one person’s property or if anyone is injured. This applies whether or not police respond to the scene.
You should call the police if a driver appears impaired or if the other party refuses to exchange information. And if anyone is injured or killed, you are legally required to notify the police immediately. Under New York Vehicle and Traffic Law § 600, leaving the scene without providing your information is illegal and can result in criminal charges.
What is Form MV-104?
Form MV-104 is the Report of Motor Vehicle Accident that drivers must file with the DMV. This form documents the basic facts of the accident, including the date, location, drivers involved, and estimated damage. You can obtain the form online at the DMV website or pick one up at the Queens DMV office on Sutphin Boulevard in Jamaica.
The form must be submitted within 10 days of the accident. Filing it protects you from license suspension and ensures you meet your legal obligations. This is separate from any police report that officers may file if they respond to the scene.
Key Takeaway: New York drivers must file Form MV-104 with the DMV within 10 days if damage exceeds $1,000 to any person’s property or if injuries occur. This requirement applies even if the police do not come to the scene.
Why You Should Get a Police Report Even When It’s Not Required
A police report provides an official, neutral record of what happened. This documentation can be critical even for minor accidents. The report includes the officer’s observations, statements from drivers and witnesses, and any evidence collected at the scene.
Insurance companies rely heavily on police reports when processing claims. Without this documentation, you may face delays or denials when seeking coverage for repairs. The report also helps establish fault, which is essential in New York’s comparative negligence system.
Comparative negligence means that if you’re partially at fault for an accident, your compensation is reduced by your percentage of fault. For example, if you’re 20% at fault, you can only recover 80% of your damages.
If injuries appear days or weeks after the accident, having a police report strengthens your position. Medical issues like whiplash or soft tissue injuries often don’t show symptoms immediately. A police report creates a contemporaneous record that connects your injuries to the accident.
What Are the Penalties for Not Reporting an Accident in New York?
Failing to report an accident in New York carries serious consequences. Under New York law, failure to report a crash that is required to be reported is a misdemeanor, and the DMV can suspend your driving privileges until the report is on file.
Separately, if a crash involves property damage and a driver leaves the scene without stopping and providing the required information, that can be charged under Vehicle & Traffic Law § 600.
If an accident involves personal injury, leaving the scene without properly reporting can become a criminal offense under Vehicle & Traffic Law § 600. Depending on what happened, it can be charged as a Class B misdemeanor (for certain “failure to exchange info” situations) or a Class A misdemeanor, and it can become a felony if the injury is “serious physical injury” or results in death.
Beyond criminal penalties, not reporting can leave you vulnerable in civil disputes. Without official documentation, the other driver may make false claims about how the accident happened or the extent of their injuries. Insurance companies may deny your claim entirely if you cannot provide adequate proof of the accident.
Car Accident Attorney in Queens – K L Sanchez Law Office, P.C.
Keetick L. Sanchez, Esq.
Keetick L. Sanchez is a Queens personal injury attorney who represents accident victims throughout New York. With extensive experience handling car accident claims, Keetick L. Sanchez knows how New York traffic laws and insurance rules work. The firm has helped clients recover compensation for injuries sustained in fender benders, multi-vehicle collisions, and serious accidents throughout Queens.
At K L Sanchez Law Office, P.C., the approach focuses on thorough case preparation and aggressive advocacy for clients’ rights. The firm handles negotiations with insurance companies, gathers evidence to support claims, and provides personalized attention to each case. Clients benefit from representation by an attorney who understands the local court system and has established relationships with medical providers who can document injuries properly.
How Does Not Reporting Affect Your Insurance and License?
Your insurance policy may require you to report an accident promptly, even if the damage seems minor. If you wait too long, your insurer may argue that a late notice hurts their ability to investigate, which can complicate a claim. Check your policy and report the crash as soon as you can.
The DMV takes reporting violations seriously. If you don’t file Form MV-104 within 10 days for an accident that requires it, the DMV may suspend your driver’s license. This suspension can remain in place until the required report is on file.
Insurance rates may increase after any accident, but failing to report can make the situation worse. Insurers view non-reporting as a red flag, suggesting you may be hiding information or avoiding responsibility. This can lead to higher premiums when you renew your policy.
What Information Must You Exchange After a Fender Bender?
New York Vehicle and Traffic Law § 600 requires drivers to exchange specific information after any accident. You must provide your name, address, driver’s license number, vehicle registration, and insurance information to the other driver. Failing to exchange this information is illegal, even for minor accidents.
You should also gather contact information from any witnesses. Witness statements can be valuable if disputes arise later about how the accident happened. Take photos of the damage to all vehicles, the position of the cars, and the surrounding area, including traffic signs and road conditions.
If the accident occurs in Queens, note the specific location, including the nearest cross street or landmark. For accidents on major roadways like the Long Island Expressway or Grand Central Parkway, documenting the exact location helps when filing reports with authorities.
What Steps Should You Take Immediately After a Minor Accident?
Acting quickly and systematically after a fender bender protects your legal rights and helps ensure proper documentation. The following steps apply whether or not you plan to file a police report:
At the Scene
- Move to safety. If your vehicle is drivable and no one is injured, move it to the shoulder or a safe location to avoid blocking traffic.
- Turn on hazard lights. Alert other drivers to the accident scene.
- Check for injuries. Assess yourself and any passengers. Call 911 if anyone is hurt.
- Exchange information. Provide and collect driver’s license, insurance, and vehicle registration details.
- Document the scene. Take photos of vehicle damage, license plates, the surrounding area, and any visible injuries.
- Note witness information. If anyone saw the accident, get their names and phone numbers.
- Do not admit fault. Stick to factual descriptions of what happened. Avoid apologizing or making statements about who caused the accident.
After Leaving the Scene
Contact your insurance company within the timeframe required by your policy. Notify them even if you don’t plan to file a claim, as the other driver may file one against you. Seek medical attention if you experience any pain or discomfort, even if it seems minor. Some injuries don’t present symptoms immediately.
File Form MV-104 with the DMV if the accident meets reporting requirements. Keep copies of all documentation, including photos, the police report (if obtained), medical records, and repair estimates.
When Does New York’s Statute of Limitations Apply?
New York Civil Practice Law & Rules § 214 gives you three years from the accident date to file a lawsuit for property damage or personal injuries. This deadline is firm. Missing it means you lose the right to pursue compensation through the courts.
However, the three-year statute of limitations is separate from immediate reporting requirements. You must still file Form MV-104 within 10 days if the accident meets reporting criteria. The DMV only retains police reports and crash reports for four years, so obtaining these documents promptly is important.
Even if your injuries seem minor initially, document everything and seek medical attention. Symptoms of whiplash, concussions, or soft tissue injuries may not appear for days or weeks. Having medical records that connect your symptoms to the accident strengthens your claim if you later pursue compensation.
Key Takeaway: You have three years to file a lawsuit under New York law, but you must file Form MV-104 with the DMV within 10 days. DMV records are only kept for four years, so obtain documentation promptly.
New York Fender Bender Reporting Requirements
The table below summarizes when you must file reports after a fender bender in New York:
| Situation | Police Report Required | Form MV-104 Required | Deadline |
| Damage under $1,000, no injuries | No | No | N/A |
| Damage over $1,000 to any person’s property | Recommended | Yes | Within 10 days |
| Any injury, regardless of severity | Yes | Yes | Within 10 days |
| Other driver uncooperative or leaves scene | Yes | Yes | Immediately/Within 10 days |
When Should You Contact a Car Accident Attorney?
You may want to consider contacting an attorney if you encounter any complications after a fender bender. This includes disputes over fault, injuries that require medical treatment, or difficulty getting fair compensation from insurance companies. If the other driver was uncooperative or the insurance company denies your claim, legal guidance can help protect your rights.
An attorney can help gather evidence, handle negotiations with insurance companies, and ensure you meet all legal deadlines. They can also advise you on whether filing a police report is in your best interest, even when not legally required.
For accidents in busy Queens areas like Jackson Heights along Roosevelt Avenue, where traffic congestion and pedestrian activity create accident scenarios, having legal representation can make a significant difference in the outcome of your claim.
Need a Queens Car Accident Attorney? We’re Ready to Help
A fender bender may seem minor, but failing to document it properly can lead to denied insurance claims, license suspension, or criminal penalties. Understanding your reporting obligations and protecting your legal rights requires careful attention to New York’s specific requirements.
Keetick L. Sanchez has helped accident victims throughout Queens, including drivers involved in collisions on major roadways and in neighborhoods like Jackson Heights. At K L Sanchez Law Office, P.C., our car accident lawyers handle insurance negotiations, work to document your claim properly, and help you understand your reporting obligations. We represent clients at the Queens Traffic Violations Bureau and assist with DMV proceedings.
Call K L Sanchez Law Office, P.C. at (646) 701-7990 for a consultation. Our Queens office serves accident victims throughout Jackson Heights, Elmhurst, and surrounding neighborhoods. We can review your accident, explain your legal options, and help ensure you meet all reporting requirements.
