Guide to Obtaining a Car Accident Report in New York

New York No-Fault car insurance benefits, known as Personal Injury Protection (PIP), are paid regardless of who is at fault in a crash.

Car accident lawsuits can only be filed in New York if economic losses exceed No-Fault limits and for non-economic damages, such as pain and suffering, only if a “serious injury,” as defined in state insurance law, is suffered.

But you may need to prove the extent of your damages to your insurance company to get full compensation. And if your losses are extensive enough, you may need to file a car insurance lawsuit.

In both cases, an accident report can provide crucial evidence, so it’s important that you know how to obtain a copy. After a car accident in New York, you can request two types of accident reports: the report that you file and the report that law enforcement files.

Motor Vehicle Accident Reports

New York State law requires you to file an accident report with the DMV in any accident involving an injury or fatality, or when the property damage of a single individual (yourself included) exceeds $1,000. This is known as a Motor Vehicle Accident Report.

Motor Vehicle Accident Reports must be filed within 10 days of the date of the accident. Failure to do so could result in your license and/or registration being suspended.

You can learn how to file a motorist accident report and find the form for filing a report at the New York DMV website or drop by your local police department for a copy of the form.
Use New York DMV form MV-198C to request a copy of your accident report.
You can also order a motorist accident report online or in-person at any DMV office.

Police Accident Reports

In addition to a car accident report that you file with DMV, law enforcement may respond to the accident scene and file a Police Accident Report. You can see what that accident form (Form MV-104AN) looks like here and compare it to the motorist DMV form (Form MV-104).

You may request a copy of the Police Accident Report at the precinct where the crash occurred within the first 30 days from when the report was filed.
You need to complete two copies of this form and then mail them to the precinct of occurrence or drop them off physically at the precinct.
To find your precinct and sector, enter your address into the map on this page.
You can also request a Police Accident Report using the Collision Report Retrieval Portal.
After 30 days from the date of the collision, the precinct will forward the report to the DMV. Requests made subsequent to this deadline must be filed with the DMV.
If you plan to go to the precinct in person, call ahead of time to find out if they still have a copy of the report and how much the fee is.

Other Things to Know About Getting an Accident Report

According to the DMV, it takes around two weeks to two months for an accident report to become available in their system. The actual time depends on where the accident occurred and who filed the report (motorist or police).

You’ll have to pay a fee to obtain a copy of your accident report(s). For Police Accident Reports, fees can vary by precinct. The DMV charges $10 for a report request made by mail and around $20 for a downloadable online report. Online reports that are not accessed within 7 calendar days of the purchase date will need to be purchased again.

DMV keeps motorist and police accident reports for 4 years from the date of an accident, with limited exceptions. But to be on the safe side it’s a good idea to get a copy of the accident report as soon as possible. You may need it to substantiate your losses to your insurance company or as evidence in a lawsuit.

Remember that NY No-Fault insurance does not apply to physical damage to your vehicle. If your vehicle is damaged or stolen, and you have optional collision or comprehensive insurance, you must file a claim for damages with your insurer. You might also have to file a claim and prove your damages under a Supplementary Uninsured/Underinsured Motorists (SUM) policy following an accident with an uninsured or hit-and-run motorist.

Legal issues can crop up months or even years after a crash, and the time to file a lawsuit is limited. The police report could also have errors or omissions that hurt your claim and need to be corrected right away.

Whether used as part of an insurance company investigation or a car accident lawsuit, accident reports provide essential details about the crash—such as when and where it occurred, driver and witness information, weather and road conditions, and visual documentation of the crash—that can help you get paid promptly and in full.

If you have any questions about filing or obtaining an accident report, please reach out and let us know how we can assist.