VTL 605 in New York — Failure to Report an Accident to the DMV

Vehicle and Traffic Law ("VTL") 605 is for failing to report an accident that involves a motor vehicle to the DMV commissioner. If you were cited for this violation, that means it is believed that you were involved in an accident where there was either personal injury or property damage of at least $1,000 to someone else's property.

When Are You Required to Report an Accident to the NY DMV?

Under VTL § 605(a), every motor vehicle operator involved in an accident anywhere in New York State must file a written report (NYS Form MV-104) with the NY DMV commissioner within 10 days of the accident if:

• Any person (including the operator) is killed or injured, or
• Property damage to any one person exceeds $1,000.

Failure to file this report — or providing false information in the report — is a misdemeanor and constitutes grounds for suspension or revocation of the driver's license and vehicle registration.

What Happens If You Don't Report an Accident in New York?

• Criminal charge: Per VTL 605(a)(2), failure to report is a misdemeanor, creating a permanent criminal record in New York if convicted.
• Fine and Surcharge: A first-offence conviction carries a fine of $0-$300. A second within 18 months: $0–$525. A third within 18 months: $0–$1,125. The mandatory surcharge is $88 in city courts and $93 in town and village courts.
• License suspension: The DMV may temporarily suspend your driver's license until the required MV-104 report is filed. A conviction can also result in longer-term suspension or revocation.
• Registration consequences: Both the operator's license and the vehicle's certificate of registration may be suspended or revoked for failure to report.

VTL 605 vs. VTL 600 — Report vs. Stay at the Scene

These are two separate legal obligations that apply after an accident:

• VTL 600 — Leaving the scene: Requires the operator to remain at the scene and provide name, address, license, and registration information to the other party and/or police. Leaving without doing so is a criminal offense.
• VTL 605 — Report to DMV: A separate, additional obligation to file a written MV-104 report with the DMV commissioner within 10 days when damage exceeds $1,000, or someone is injured or killed. A driver can comply with VTL 600 (stayed at the scene, exchanged information) and still violate VTL 605 (never filed the MV-104).

Who Must File the Report?

VTL 605 establishes a layered reporting obligation:

• The operator of the vehicle must file within 10 days — except police officers, correction officers, and firefighters operating official vehicles on duty when the owner has already filed.
• Another participant in the accident (not the operator) must file if the operator is physically incapacitated.
• The owner of the vehicle must file if neither the operator nor a participant can do so, and the owner learns of the accident.
• E-scooter and bicycle operators must also file (under VTL 605(b)) within 10 days if any person — other than the operator — is killed or suffers serious physical injury.

VTL 605 — Statute (Key Provisions)

Every person operating a motor vehicle… if… involved in an accident, anywhere within the boundaries of this state, in which any person is killed or injured, or in which damage to the property of any one person… in excess of one thousand dollars is sustained, shall within ten days after such accident, report the matter in writing to the commissioner.

Failure to report an accident as herein provided… shall be a misdemeanor and shall constitute a ground for suspension or revocation of the operator's (or chauffeur's) license or all certificates of registration for any motor vehicle, or of both, of the person failing to make such report.

— VTL § 605(a)(1)–(2)

If the Police Responded to My Accident, Do I Still Have to File an MV-104?

Yes. Filing the MV-104 is the driver's own separate obligation under VTL 605, distinct from any report the police prepare. Per NY DMV guidance, a driver whose accident meets the reporting threshold must still submit a written MV-104, even if an officer investigated the crash and filed a Police Accident Report (Form MV-104A).

• Two separate reports: Officers who investigate a crash may file their own Police Accident Report (MV-104A/MV-104AN) with the DMV, but per the NY DMV's crash-report guidance, the driver's own MV-104 filing is still required.
• No statutory exception applies: VTL § 605(a) requires "every person operating a motor vehicle" to report in writing within 10 days; its only listed exceptions are for on-duty police, fire, and correction officers whose vehicle owner already filed — not for drivers whose crash police happened to investigate.
• Telling your insurance company isn't enough either: that notifies your insurer, not the DMV, and does not satisfy the § 605 filing duty.

Defending a VTL 605 Charge

Possible defenses include: demonstrating that the damage threshold of $1,000 was not met and no one was injured (removing the reporting obligation); showing that a report was in fact filed but not yet processed by the DMV; challenging whether the defendant was the "operator" or "owner" required to file; or arguing physical incapacitation prevented timely filing and the report was filed as soon as practicable. Because a conviction results in a misdemeanor record and license suspension, this charge is worth fighting aggressively.

A VTL 605 misdemeanor conviction carries a criminal record and license suspension. Contact us immediately if you have been charged.

Benjamin Goldman Law Office

The Benjamin Goldman Law Office is a New York State traffic and criminal defense firm. We have fought over 100,000 tickets and charges across New York State. Failure to report an accident is a charge that can arise weeks or months after the accident itself — often catching drivers off guard. If you have received a VTL 605 summons, contact us for a free consultation.

Contact us for a free consultation. We practice statewide and can appear in your place.

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