In New York City, establishing liability in a motor vehicle accident often hinges on three key elements: the police report, relevant sections of the New York Vehicle and Traffic Law (VTL), and the timely submission of the MV-104 form to the Department of Motor Vehicles (DMV). Understanding how these components work together is crucial for anyone seeking a favorable resolution to an insurance claim or lawsuit.
The Value of a Dash Cam
A dash cam, which can often be purchased for around $100, can save you significant trouble by providing real-time footage of the events leading up to a collision. This visual evidence can be decisive if there is a dispute over who bears responsibility. I highly suggest all drivers invest in a good dash cam; I use one myself and have found it invaluable. Buy one here: https://amzn.to/4beAz7d
Police Reports as Key Evidence
When the police respond to an accident, the officer typically prepares an official accident report (often referred to as Form MV-104A). This report contains details such as the time, date, location, parties involved, road conditions, and witness statements, as well as the officer’s preliminary assessment of fault.
Although police reports are often considered hearsay and may not always be admissible in court, insurance companies and attorneys rely on them heavily during settlement negotiations. If a driver is cited for violating a VTL provision in the report, this can greatly strengthen a liability claim against them.
Using New York Vehicle and Traffic Law (VTL) to Establish Fault
New York’s Vehicle and Traffic Law outlines rules that drivers must follow. When a driver breaks one of these rules and causes an accident, it can serve as a clear basis for liability. Some frequently cited VTL violations include:
- Failure to Yield (VTL § 1140-1143) – Drivers must yield the right-of-way at intersections, crosswalks, or to emergency vehicles.
- Following Too Closely (VTL § 1129(a)) – In rear-end collisions, the driver who hit the car in front is often presumed negligent unless unusual circumstances exist.
- Disregarding Traffic Signals (VTL § 1110(a)) – Running a red light or stop sign is a strong indicator of negligence.
- Improper Lane Change (VTL § 1128(a)) – Shifting lanes without signaling or checking for clearance can establish fault if an accident occurs.
- Speeding (VTL § 1180) – Driving faster than the posted limit can be used to prove negligence.
By referencing these specific sections when filing a claim, you can bolster your position and highlight the other driver’s wrongdoing.
The Importance of the MV-104 Form
Under New York State law, you must file an MV-104 accident report with the DMV within 10 days if the accident causes personal injury, death, or property damage over $1,000. Failing to file can result in a suspended license and potential complications in any legal action.
Tips for Completing the MV-104 Effectively
- Accurate Description – Clearly detail the sequence of events. Ensure consistency with any video footage (like a dash cam) or witness statements.
- Cite Violations – If you believe the other driver violated a VTL provision, indicate it in the form.
- Accident Diagram – Use the diagram section to illustrate vehicle positions before, during, and after impact.
- Consistency – The information in your MV-104 should align with the police report and any insurance documentation.
Filing Timelines and Consequences of Delays
New York strictly enforces the requirement to file within 10 days of the accident. Missing this deadline can harm your standing in future claims or lawsuits and may also lead to administrative penalties, including license suspension. Additionally, insurance carriers often request a copy of the MV-104 when assessing fault and determining settlement amounts.
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