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MV104: How a Simple Form Can Wreck Your Injury Claim
Car Accidents

MV104: How a Simple Form Can Wreck Your Injury Claim

By Jason Tenenbaum 8 min read

Key Takeaway

Learn how MV104 Motor Vehicle Accident Reports can damage your NY injury claim and what steps to take to protect your case from common filing mistakes.

mv104

I. MV104 Reports and Why They Matter in Injury Cases

That MV104 form you filed after your New York car accident? It’s more than just another piece of paperwork. The Motor Vehicle Accident Report frequently becomes the cornerstone of injury claims, influencing how insurers and judges assess responsibility and compensation.

The Law Office of Jason Tenenbaum, P.C. handles these cases daily. After ten years specializing in personal injury law, we’ve learned exactly where clients need help most—particularly when dealing with New York’s no-fault system and building strong claims from the ground up.

II. Why MV104 Reports Make or Break Injury Claims

Inside the MV104 Report

This document packs in critical details:

  • Everyone involved in the crash
  • Vehicle descriptions
  • The officer’s written account of what happened
  • Witness contact information
  • Hand-drawn collision diagrams

Police complete these reports at accident scenes, but they’re not perfect. Officers might miss important details or misinterpret what happened. Ever seen two eyewitnesses describe the same event completely differently? That’s why these reports, while important, shouldn’t be taken as the final word. The New York DMV provides guidance for completing these forms accurately.

How Courts and Insurers Use These Reports

Insurance companies often treat MV104s as definitive proof, but judges consider them alongside other evidence. We recently represented a client whose report wrongly assigned them partial fault because the officer rushed the investigation. By presenting traffic camera footage and independent witness statements, we overturned the initial finding and recovered full damages.

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III. Protecting Your Rights After a Crash

New York’s No-Fault Rules – What You Need to Know

You have 30 days to file a no-fault claim (called PIP coverage), but here’s the crucial detail many miss: serious injuries like broken bones, permanent disabilities, or significant disfigurement allow you to sue for pain and suffering beyond basic medical coverage. While you technically have three years to file suit, waiting risks losing critical evidence. Understanding statute of limitations is crucial in these cases.

Evidence That Strengthens Your Case

  • Medical documentation: Shows how your injuries connect directly to the collision
  • Photos and videos: Capture vehicle damage, road conditions, and weather
  • Expert analysis: Accident specialists can challenge inaccurate police reports

Important: Request your MV104 copy right away. The longer you wait, the harder it becomes to correct errors.

IV. How We Handle MV104 Reports Differently

Spotting What Others Miss

After reviewing countless accident reports, we consistently find the same problems. Officers frequently check “driver inattention” without considering other factors like malfunctioning traffic lights or obscured road signs. Here’s how we respond:

  • Scrutinize every report for inconsistencies
  • Fill evidence gaps using private investigators or surveillance footage
  • Push back hard against insurers who take advantage of unrepresented claimants

Real Case Example: One delivery driver’s MV104 failed to mention the other motorist ran a red light. We obtained security camera footage from a nearby business, transforming a denied claim into a $175,000 settlement.

V. Overcoming Insurance Company Roadblocks

Their Playbook – And How We Beat It

  • Stalling tactics: Insurers drag out claims hoping you’ll settle cheap. We file legal motions to keep things moving.
  • Pre-existing injury claims: “Your client already had back problems.” We work with physicians to separate old issues from new injuries.
  • Low settlements: They’ll argue about who caused the crash. We gather phone records, maintenance reports, and other proof they can’t ignore. More information on negotiating with insurance companies can be helpful.

VI. What Happens in a Personal Injury Case

Our Step-by-Step Process

  1. Initial meeting: We’ll review your MV104 and other documents within one business day.
  2. Evidence gathering: If the report contains errors, we move quickly—witness memories deteriorate fast.
  3. Resolution options: Most cases settle, but we prepare every claim as if it’s going before a jury.

VII. Final Thoughts: Don’t Let a Form Undermine Your Claim

An MV104 starts the process, but it shouldn’t end there. At The Law Office of Jason Tenenbaum, P.C., we make sure the full story comes through.

What to Do Now:

  • Get your MV104 from the NY DMV.
  • Call us at (516)-750-0595 for a no-cost case evaluation.
  • Check our blog for more on establishing fault in New York crashes.

Insurance firms have entire legal departments working against you. Shouldn’t you have someone fighting for you?

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For more information on NY car accidents check out our video:

Common Questions

Frequently Asked Questions

How long do I have to file a personal injury claim in New York?

In New York, the statute of limitations for most personal injury claims is three years from the date of the accident. However, medical malpractice claims must be filed within two and a half years. It's crucial to consult with an attorney as soon as possible to protect your rights.

What damages can I recover in a personal injury case?

In New York personal injury cases, you may recover economic damages (medical expenses, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). The specific damages depend on the severity of your injuries and their impact on your life.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (1)

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PB
prime biome
Your blog is a beacon of light in the often murky waters of online content. Your thoughtful analysis and insightful commentary never fail to leave a lasting impression. Keep up the amazing work!

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