After a car accident in New York, you will be flooded with a ton of paperwork. Filing this paperwork is crucial for ensuring proper procedure and the protection of your ability to claim compensation. Among the many documents you need to file, MV-104, also known as the Report of Motor Vehicle Accident, is arguably one of the most important documents. Just how important is this document, and what happens if there is an error in the filing? In this post, Gabriel Law will fill the role of your car accident lawyer in the Bronx and explain the importance of MV-104 and how it can impact your compensation.
Claiming Compensation for Car Accident Injuries in New York
Before we talk about MV-104 and its importance, we need to understand how claiming compensation for car accident injuries works in New York. As a no-fault state, if a victim is injured in an accident, the victim must first go to insurance. Through a person’s Personal Injury Protection (PIP) coverage, a person can claim up to $50,000 for medical expenses, lost income, and other related expenses.
Afterward, if the victim wishes to claim additional compensation, especially for non-economic injuries, they need to file a personal injury lawsuit. The success of this filing will depend on the victim’s ability to prove the existence of a “serious injury” or a basic economic damage that exceeds $50,000. The lawsuit must be filed within three (03) years from the date of the accident.
Either way, the ability to successfully claim compensation depends on the evidence that is presented at the negotiations or court, including MV-104.
What is MV-104?
MV-104, also known as the Report of Motor Vehicle Accident, is a form issued by the New York Department of Motor Vehicles (DMV). It is a compulsory form that must be completed when a motor vehicle accident involves a fatality, personal injury, or property damage that exceeds $1000.
At present, the form can be filed online, by mail, or in person. The form must be filed within 10 days of the accident. If the person fails to file the form, it can result in suspension of the driver’s license and registration.
How Can MV-104 Impact Your Compensation After an Accident?
The MV-104 form acts as an official record of the accident, providing key details such as road conditions, injuries, and witness information. When you submit your claim for compensation, insurance adjusters and courts will look into documents to determine the details of the accident. It can be used to compare and contrast with other evidence presented.
If the testimony and other evidence presented align with the details of the accident report, it can significantly strengthen your case and make it easier for you to walk away with a favorable settlement. On the other hand, if the adjusters identify potential inconsistencies, they can attempt to use them to undermine your case and reduce your compensation. The failure to file the form on time will also be viewed in a negative light.
Conclusion
MV-104 can seem like just another form in a long list of documents, but it has a much bigger role in determining your compensation than you think. If you are involved in a car accident and struggling to keep up with all the forms and other legal requirements, then Gabriel Law is here to help. As your car accident lawyer in Brooklyn, we are here to make sure your case is handled correctly, and you walk away from your ordeal with the compensation you deserve. Contact us today and schedule your free and confidential consultation.