What Happens If You Don’t Report a Car Accident in New York? (Penalties Explained)

Most people who fail to report a New York accident are not fleeing anything. They exchanged information, drove home, and assumed the paperwork was somebody else's job. Then a DMV suspension notice arrives, or a no-fault denial letter, or both.

If that is where you are: act today. Late is dramatically better than never.

Quick Answer

Three separate failures, three separate consequences. Missing the 10-day MV-104 DMV report can suspend your driver's licence (VTL § 605). Missing the 30-day NF-2 no-fault notice permits the insurer to deny all medical and wage benefits (11 NYCRR § 65-1.1). Leaving the scene is a criminal or quasi-criminal offense under VTL § 600, escalating from a traffic infraction with a $250 fine to a felony where serious physical injury or death resulted.

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Which obligations does New York actually impose?

Four, and none of them substitutes for another.

A police report does not file your MV-104. An MV-104 does not file your NF-2. Your insurer does not automatically do either.

Escalation Level 1: The 30-day no-fault denial

This is the failure that costs the most money, and produces no paperwork warning you it happened.

Under 11 NYCRR § 65-1.1, written notice of the accident must reach the no-fault insurer within 30 days. In practice that notice is Form NF-2, the Application for Motor Vehicle No-Fault Benefits.

Miss it, and the insurer may deny the entire claim — every medical bill, every lost wage — unless you provide a written "clear and reasonable justification" for the delay. Incapacitation, or being a minor without access to the vehicle's insurance information, are the kinds of excuses courts have entertained. "I didn't know" is not.

The related deadlines inside no-fault:

• Medical providers must bill the no-fault insurer within 45 days of treatment
• Lost earnings and other-expense claims must be submitted within 90 days

A wrinkle worth knowing: notice does not have to be the NF-2 specifically. A hospital billing form (NF-5) or even a DMV accident report can, in some circumstances, satisfy the notice requirement. That is a legal argument, not a plan.

If you are past 30 days: file immediately, in writing, with a dated explanation of why. Preserve proof of mailing or submission. Then speak with an attorney — no-fault disputes are resolved by arbitration under Insurance Law § 5106(b), not court, and late-notice denials are regularly challenged.

Escalation Level 2: The DMV licence suspension

Under VTL § 605, Form MV-104 must be filed with the DMV within 10 days if:

• Anyone was injured or killed, or
• Property damage to any one person exceeded $1,000

It applies regardless of fault, and a police report does not satisfy it. Failing to file can result in suspension of your driver's licence until the report is filed.

The $1,000 threshold is far lower than drivers assume. A modern bumper cover with parking sensors and a radar module clears it on its own.

Downstream damage: driving on a suspended licence is a separate offense; an insurer may non-renew; employers requiring a clean abstract may act on it.

If you are past 10 days: file now. A late filing is far better than none.

Escalation Level 3: Leaving the scene — VTL § 600

This is where "not reporting" stops being administrative.

Property damage only — VTL § 600(1)

A driver who knows or has cause to know that another's property was damaged must stop, exhibit licence and insurance card, and give name, address, insurance carrier, policy information, and licence number. If the owner is absent, the driver must report to the nearest police station or leave a written notice in a conspicuous place on the damaged property.

Failing to do so is a traffic infraction: a fine of up to $250, up to 15 days in jail, or both — plus a mandatory surcharge and three points on the DMV record. A CDL holder faces a one-year CDL suspension.

It is non-criminal, but it is not a parking ticket. Many town courts calendar these cases on the criminal calendar.

Personal injury — VTL § 600(2)

Here the statute builds an escalating ladder. The tier depends on what the driver failed to do, how serious the injury was, and whether there is a prior conviction:

• Merely failing to exhibit licence/insurance or exchange information where injury occurred → class B misdemeanor
• Failing to stop or report at all → class A misdemeanor
• A repeat violation, or one involving serious physical injury → escalates to felony classification
• Where the incident resulted in death, the highest tier applies

Fines and imprisonment escalate correspondingly, and a conviction under VTL § 600(2) triggers mandatory licence revocation.

Statutory fine ranges have been amended over time and are cited inconsistently across secondary sources. Do not rely on any figure — including ours — for a real charge. Read the current text of VTL § 600 on the New York State Senate site, and speak to a criminal defense attorney.

Two elements people misunderstand:

• Fault is irrelevant. A driver who was rear-ended and drove off can still be charged.
• Knowledge is an element. The prosecution must prove you "knew or had cause to know" that damage or injury occurred. A driver who genuinely could not have known has a defense — one raised by counsel, not by you at the scene.

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Escalation Level 4: Uninsured on top of unreported

If you were uninsured, a second machine starts. New York's DMV tracks coverage electronically through the Insurance Information and Enforcement System (IIES). A lapse triggers registration suspension and, potentially, licence suspension. Civil penalties, reinstatement fees, and the surrender of licence plates follow.

And you will have no PIP. Your medical bills fall to your health insurance or to you.

What if it has already been weeks?

In order:

1. File the NF-2 today, with a written explanation of the delay. Keep proof.
2. File the MV-104 today. Keep proof.
3. Check your licence and registration status with the DMV.
4. Notify your insurer if you have not. Late notice is bad; no notice is worse.
5. Write down everything you remember, dated today, and label it a reconstruction rather than a contemporaneous note.
6. If the accident involved injury or a fled scene, consult a New York criminal defense attorney before speaking with investigators. This is one of the narrow situations where talking first and asking later is genuinely costly.

Most late filings end in a filed report and a working licence. The cases that go badly are the ones where nothing was filed at all.

Frequently Asked Questions

What is the penalty for not filing an MV-104 in New York? There is no set fine. Under VTL § 605, failing to file can result in suspension of your driver's licence until the report is filed.

Can my no-fault claim really be denied for filing late? Yes. Under 11 NYCRR § 65-1.1, notice must reach the insurer within 30 days. Late notice permits denial absent a clear and reasonable justification, which must be in writing.

Is hitting a parked car and leaving a crime in New York? Leaving after a property-damage-only accident is a traffic infraction under VTL § 600(1) — not a crime — but it carries up to $250, up to 15 days in jail, and three points. You must leave a written notice in a conspicuous place if the owner is absent, and report to the nearest police station.

Does a police report satisfy the MV-104 requirement? No. They are independent filings.

What if I only learn the damage exceeded $1,000 after 10 days? The clock runs from the accident date. File immediately with an explanation and keep proof of submission.

I missed the 30-day no-fault deadline. Is my claim dead? Not necessarily. File immediately with a written justification. Late-notice denials are frequently contested in no-fault arbitration. Speak with an attorney.

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Sources

• New York Vehicle and Traffic Law §§ 600, 601, 603, 605
• 11 NYCRR § 65-1.1; New York Insurance Law §§ 5102, 5106(b)
• New York State DMV — Form MV-104 and Insurance Information and Enforcement System (IIES)
• 15 NYCRR § 131.3 (DMV point schedule)

Disclaimer

This article provides general information about New York law as of the last updated date. It is not legal advice and does not create an attorney-client relationship. Penalty tiers and fine ranges under VTL § 600 have been amended and are reported inconsistently by secondary sources; verify the current statutory text before relying on any figure. Criminal exposure depends entirely on the facts, the charging decision, and the county. If you face a leaving-the-scene allegation or a licence suspension, consult a licensed New York attorney before making statements to law enforcement or insurers.