My Vehicle got rear ended. Do I fill it or the guy who hit my car fill it

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Anonymous Mar 31, 2015 Bankruptcy and Debt 7 views 7 answers

I recently got the quote and the police report says we need to file MV 104 if the cost is more than a $1000. But in the MV 104 form it asks the sign of driver 1 but I am driver 2 (Victim). Should I fill it or should the guy who hit me fill it and send to the crash center . I am a little worried as it says my driving privileges can be cancelled

Attorney Answers

Jon Friedman

Jon Friedman · Jun 15, 2026

You have no cause to worry about your license being pulled. Both of you should fill out the form. I've attached a link to it: http://dmv.ny.gov/forms/mv104.pdf good luck

0 upvotes

Eric Rothstein

Eric Rothstein · Jun 15, 2026

Both drivers should file an MV-104 with DMV.

0 upvotes

John Deprospo

John Deprospo · Jun 15, 2026

You both need to complete the MV104. Since you were rear-ended, the other driver's insurance company should be 100% responsible for your property damage.

0 upvotes

John Rayburn VelkPersonal Injury LawyerMissoula, MT

John Rayburn VelkPersonal Injury LawyerMissoula, MT · Jun 15, 2026

Both drivers need to fill out and file the MV 104.

0 upvotes

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA

Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA · Jun 15, 2026

Best to have both drivers fill it out........

0 upvotes

Steven Smollens

Steven Smollens · Jun 15, 2026

Dear Albany Driver: Each vehicle driver must send in the MV-104 within ten days. The DMV potential penalty is driver license suspension.

0 upvotes

Lars A. LundeenPersonal Injury LawyerRutland, VT

Lars A. LundeenPersonal Injury LawyerRutland, VT · Jun 15, 2026

You may be over thinking this. Contact the DMV and ask them how they expect the form to be filled out and who should file it. I suspect that all parties to the collision need to make a report and show proof of insurance. Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

0 upvotes