The MV-104 is a document which looks like a police report, but which you fill out yourself and send to the DMV in Albany. It includes all of the basic information on the police report (names, addresses, dates, times, locations, etc.), but more importantly it includes a section where you can describe how the accident occurred i.e. who ran the red light, whether there was an illegal U-turn, whether you were changing lanes or not, and so on. This document is mandatory in any accident where someone is injured or the damage to either vehicle exceeds $1,000 and the failure to file it is punishable by suspension of your license. If that wasn’t enough incentive to fill out and file this document, remember that this is your first chance to “tell your side of the story” and if you do not do so, the argument will made against you that you agreed with what the officer wrote in his report – if you disagreed, you certainly would have made that disagreement known by filing an MV-104. Lastly, remember that time is of the essence. This document must be filed within 30 days. A competent attorney will make sure that you do so as quickly as possible, preferably within a week or two of the accident.
NEW YORK’S HIGHEST COURT DEFINES THE BURDEN OF PROOF BETWEEN THE PARTIES REGARDING A LATE NOTICE OF CLAIM FILING (RESOLVING THE SPLIT OF AUTHORITY AMONG THE JUDICIAL DEPARTMENTS).November 3rd, 2017