Yes. New York law does not require a police report to file a no-fault insurance claim, a liability claim against the other driver, or a lawsuit. What the law does require is your own written report to the DMV under Vehicle and Traffic Law Section 605 within ten days whenever a crash anywhere in the state kills or injures someone or causes more than $1,000 in damage to any one person's property. This article explains that reporting duty, how to file the MV-104 form, what evidence takes the place of an officer's report, and when the missing report actually matters.
At William Mattar, P.C. our team has focused on motor vehicle accidents for more than 30 years, with attorneys and offices and intake locations across New York State.
Key facts about claims without a police report in New York
- Vehicle and Traffic Law Section 605 requires every driver in a qualifying crash to report it in writing to the DMV within ten days.
- The report is made on form MV-104, which the driver signs and mails to the DMV Crash Records Center in Albany.
- A no-fault claim is filed with the applicable insurer, generally within 30 days of the crash.
- Photographs, witness statements, medical records, and the other driver's own admissions can establish fault without an officer's narrative.
- Most car accident injury lawsuits must be started within three years under CPLR 214, with or without a police report. That time deadline can sometimes be much shorter depending on the circumstances.
What New York law actually requires after a crash
Police involvement is common but not a legal precondition for a claim. Officers often do not respond to minor collisions, and drivers sometimes exchange information and leave. The statute that always applies is Section 605. If anyone was killed or injured, or damage to any one person's property exceeds $1,000, every involved driver must report the crash in writing to the DMV commissioner within ten days. The duty belongs to the driver personally. If the driver is physically unable to file, another participant or the vehicle's owner must do it.
How to file the MV-104 with the DMV
The DMV's civilian crash report is form MV-104, available directly from dmv.ny.gov. The form asks for both drivers' license and insurance details, the crash location, a diagram code, the people involved, and a short description of what happened, and it must be signed by the driver or a representative. The completed original is mailed to the Crash Records Center in Albany. The firm maintains a plain language walkthrough of the MV-104 for people filling it out for the first time.
A no-fault claim does not require a police report
Your immediate medical bills and lost earnings are paid through New York's no-fault system. Under Insurance Law Section 5103, the policy on the vehicle you occupied, or the vehicle that hit you if you were a pedestrian or bicyclist, pays up to $50,000 in basic economic loss regardless of fault. The trigger is a written application to the insurer, generally within 30 days of the crash, using the no-fault claim form. Nothing in the statute conditions these benefits on a police report. Insurers may ask for one, and the correct answer when none exists is your MV-104, your photographs, and your medical records showing treatment that began promptly after the crash.
The evidence that replaces a police report
A police report is one piece of evidence, and in New York it is often inadmissible hearsay at trial anyway. The materials below carry the weight when no report exists.
| Evidence | What it establishes |
| Photos and video of the scene and vehicles | Point of impact, damage patterns, skid marks, signage, weather, and lighting |
| Witness names and statements | An independent account of how the crash happened, collected before memories fade |
| Medical records from prompt treatment | That the crash caused the injury and how serious it is, documented from day one |
| The other driver's statements and messages | Admissions about fault made at the scene, by text, or to an insurer |
| Nearby home, business, and traffic camera footage | An objective recording, if it is requested before routine deletion |
| Your signed MV-104 filing | A contemporaneous written account and proof you met the ten day legal duty |
When a missing report hurts, and how lawyers deal with it
The absence of a police report matters most when fault is disputed and the case turns on one driver's word against the other's. It also matters in the case of a hit-and-run driver where the victim is seeking to make an uninsured motorist claim. Insurers also treat late reported crashes with suspicion, and a driver who admitted fault at the scene may tell a different story weeks later. Attorneys close that gap with speed. They send preservation letters for camera footage before it is erased, canvass for witnesses, obtain the other driver's insurer statements through discovery, pull vehicle event data recorders, and retain reconstruction experts when the physical evidence supports it. They also assemble the paper trail you control, meaning the MV-104, the no-fault application, and a clean medical timeline. A disputed liability case without a police report is harder, not hopeless, and it is routine work for a firm that handles motor vehicle cases only.
Frequently asked questions
Do I need a police report to file an insurance claim in New York?
Sometimes. No-fault benefits are triggered by a written application to the insurer, generally within 30 days, and a liability claim is built on evidence of fault. A police report helps but is not required for either. In the case of a hit-and-run incident, however, the police report may be essential. Every case is unique.
Can I still sue without a police report in New York?
Yes. If it was not a hit-and-run incident, a lawsuit is proven with admissible evidence such as testimony, photographs, medical records, and expert analysis, not with the police report itself, which is often hearsay. The deadline for most car accident injury suits is three years under CPLR 214. That time deadline can be much shorter if a governmental entity is involved.
How do I get a copy of an accident report in New York?
Request it from the police agency that responded to the crash, or through the DMV, whose Crash Records Center collects crash reports statewide.
Were you hurt in a New York crash? The attorneys at William Mattar, P.C. are available 24/7 with no fee unless you receive a recovery. Call (844) 444-4444. Offices and intake locations across New York State.
About William Mattar, P.C.
William Mattar, P.C. is a New York law firm that only handles motor vehicle accident cases and has represented injured people for over 30 years. The firm’s principal office is in Williamsville, with offices and intake locations throughout New York State. It represents motorcycle, car, truck, bus, pedestrian, and rideshare accident victims throughout New York State, with free case reviews available 24/7 at (844) 444-4444.
Related reading from William Mattar
- What Legally Qualifies as Distracted Driving in New York
- How Much Does a Lawyer Cost for a Car Accident in New York
- What Happens in a Car Accident Lawsuit
- Rideshare Accidents in New York
- How Proving Distraction Helps You Meet New York’s Serious Injury Threshold
Each of the above is part of William Mattar’s New York State accident resource library.
Sources
- New York Vehicle and Traffic Law Section 605, Report required upon accident, via nysenate.gov
- New York State DMV, Report of Motor Vehicle Crash form MV-104 and instructions, dmv.ny.gov/forms/mv104.pdf, reviewed July 2026
- New York Insurance Law Sections 5102 and 5103, Article 51 motor vehicle no-fault provisions, via nysenate.gov
- New York Civil Practice Law and Rules Section 214, three year limitation for personal injury actions, via nysenate.gov
- William Mattar, P.C., MV-104 and no-fault claim form resources, williammattar.com, reviewed July 2026
Attorney Advertising. This article provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated July 2026.