QUEENS, NY – Drivers involved in minor collisions in New York face specific reporting obligations that vary based on damage and injuries, with failure to comply resulting in potential license suspension and criminal penalties. Queens car accident attorney Keetick L. Sanchez of K L Sanchez Law Office, P.C. (https://accidentlawyer-queens.com/do-you-need-a-police-report-for-a-minor-fender-bender-in-new-york/) explains when drivers must file police reports and DMV documentation after fender benders.
According to Queens car accident attorney Keetick L. Sanchez, New York law does not always require a police report for minor fender benders, but drivers must file written reports with the Department of Motor Vehicles under certain conditions. The DMV requires Form MV-104 within 10 days if anyone is injured or killed, or if damage to any one person’s property exceeds $1,000. “Even when it’s not legally required, obtaining a police report can be critical if the other driver won’t cooperate or if you need an official record for an insurance claim,” explains Sanchez.
Queens car accident attorney Keetick L. Sanchez emphasizes that fender benders are low-speed collisions causing minor vehicle damage, typically occurring in parking lots, at stop signs, or in slow-moving traffic on roadways like Queens Boulevard or Northern Boulevard. Despite their minor nature, these collisions can create significant legal complications if not properly documented. Common causes include distracted driving, following too closely, and parking lot mishaps, with weather conditions like rain or snow contributing to these incidents.
Form MV-104, the Report of Motor Vehicle Accident, documents basic facts including the date, location, drivers involved, and estimated damage. The form is available online at the DMV website or at the Queens DMV office on Sutphin Boulevard in Jamaica. “Filing Form MV-104 within the required timeframe protects drivers from license suspension and ensures they meet legal obligations,” notes Sanchez. “This requirement exists separately from any police report that officers may file if they respond to the scene.”
Attorney Sanchez advises that police reports provide official, neutral records that can prove critical even for seemingly minor accidents. Insurance companies rely heavily on police reports when processing claims, and without this documentation, drivers may face delays or denials when seeking coverage for repairs. The report helps establish fault, which is essential in New York’s comparative negligence system, where a driver’s compensation is reduced by their percentage of fault.
New York Vehicle and Traffic Law § 600 requires drivers to exchange specific information after any accident, including name, address, driver’s license number, vehicle registration, and insurance information. Failing to exchange this information is illegal, even for minor accidents. Drivers should also gather contact information from witnesses, take photos of vehicle damage and the surrounding area, and note the specific location of the accident.
“If injuries appear days or weeks after the accident, having a police report strengthens your position,” Sanchez observes. “Medical issues like whiplash or soft tissue injuries often don’t show immediate symptoms, and a police report creates a contemporaneous record connecting injuries to the accident.” Beyond the 10-day DMV reporting requirement, New York Civil Practice Law & Rules § 214 gives drivers three years from the accident date to file a lawsuit for property damage or personal injuries.
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 driving privileges until the report is filed. If a crash involves property damage and a driver leaves the scene without stopping and providing required information, that can be charged under Vehicle & Traffic Law § 600. When an accident involves personal injury, leaving the scene without properly reporting can become a criminal offense, potentially charged as a Class B misdemeanor or Class A misdemeanor, and can escalate to a felony if the injury constitutes serious physical injury or results in death.
Insurance policies may require drivers to report accidents promptly, even if damage seems minor. The DMV may suspend a driver’s license if Form MV-104 is not filed within 10 days for an accident meeting reporting requirements, with the suspension remaining in place until the required report is on file. Insurers view non-reporting as a red flag, suggesting drivers may be hiding information or avoiding responsibility, which can lead to higher premiums upon policy renewal.
For accidents in busy Queens areas like Jackson Heights along Roosevelt Avenue, where traffic congestion and pedestrian activity create complex accident scenarios, proper documentation becomes particularly important. The firm handles cases throughout Queens, including collisions on major roadways like the Long Island Expressway and Grand Central Parkway, and assists clients with insurance negotiations, evidence gathering, and DMV proceedings.
Drivers involved in fender benders should move to safety if vehicles are drivable, turn on hazard lights, check for injuries, exchange information, document the scene with photos, and note witness information. After leaving the scene, drivers should contact their insurance company within the timeframe required by their policy and seek medical attention if experiencing pain or discomfort. For those facing complications after a fender bender, including disputes over fault or difficulty obtaining fair compensation from insurance companies, contacting a car accident attorney may provide valuable assistance.
About K L Sanchez Law Office, P.C.:
K L Sanchez Law Office, P.C. is a Queens-based law firm dedicated to personal injury representation with a focus on car accident claims. Led by attorney Keetick L. Sanchez, the firm represents accident victims throughout Queens, including Jackson Heights, Elmhurst, and surrounding neighborhoods. For consultations, call (646) 701-7990.
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