Detailed Answer

Short version: In New York you can usually obtain the police crash report and the DMV accident report related to a collision you were involved in. How you get it, what it contains, and whether some parts are withheld depends on who prepared the report (local police or another law enforcement agency) and whether parts of the file are exempt from public disclosure under New York’s public-records rules.

How reports are created and which reports exist

• When police respond to a crash they typically prepare an accident report (often called a police crash report or motor-vehicle report). That report documents the responding officer’s observations, statements from drivers and witnesses, diagrams, and related notes.
• Police often forward a standardized accident form (MV-104) to the New York State Department of Motor Vehicles (DMV). The DMV keeps an official accident record for regulatory and statistical purposes. See the DMV’s page on accident reports: https://dmv.ny.gov/accident-reports.

Statutory background

• New York’s Vehicle and Traffic Law requires certain reports and duties after an accident. The law describing duties to report and related obligations is in the Vehicle & Traffic Law (see, for example, sections in the 600 range): https://www.nysenate.gov/legislation/laws/VAT/605.
• Access to records held by state and local agencies is governed by New York’s Freedom of Information principles. Law enforcement investigatory records may be exempt from immediate public disclosure. For general guidance about public access to government records, see the New York State Department of State Committee on Open Government: https://dos.ny.gov/open-government. For FOIL (Freedom of Information Law) statutes and procedures, consult the Public Officers Law and agency guidance.

How to get the report

1. Contact the responding police agency first. Most local police departments will provide a copy of the crash report to a driver or to an authorized representative. Ask the police records bureau for the report number or incident number and the procedure for obtaining copies. Some departments provide copies on the same day, others mail them.
2. If the police forwarded an MV-104 to DMV, you can request accident reports from DMV. The DMV page above explains how to request crash reports and any associated fees.
3. If the agency refuses or produces a heavily redacted record, you can submit a FOIL request to that agency asking for the record. The agency must respond within statutory deadlines, but law-enforcement investigatory material is sometimes exempt and may be withheld or partially redacted. See the Committee on Open Government guidance for what is typically releasable.
4. If your need for the report is for an insurance claim or personal injury case, tell the records clerk and the insurer. Insurers commonly obtain copies directly or accept party-supplied copies. If needed, your attorney can issue a subpoena to obtain records that a records request did not produce.

What you can expect to find in the report

• Basic crash facts: date, time, location, vehicles involved, injuries, and citations issued.
• Narrative of the officer’s observations and a diagram of the collision scene.
• Statements from drivers and witnesses as recorded by the responding officer. Those statements might be summarized rather than verbatim.
• Officer notes that are expressly investigatory may be withheld or redacted under public-records rules.

When you can’t get everything you want

• Investigatory files. If the crash is part of an active criminal investigation, some documents will be withheld until the investigation concludes.
• Witness-identifying information or other material may be redacted to protect privacy or safety.
• If you need more detail than the report contains (for example, raw officer notes, 911 recordings, or in-depth evidence), you may need to request those specifically via FOIL or through litigation discovery or a subpoena.

Using the report for your claim

• Insurance companies commonly accept police reports as part of a claim package. Submit the report to your insurer as soon as you obtain it.
• If the report contains incorrect facts, document which parts are wrong and obtain corroborating evidence (photos, witness statements, medical records). You can ask the police department to correct clerical errors; substantive disputes are typically handled between insurers or through legal action.
• If an important document is withheld, your attorney can seek it during discovery or by motion or subpoena if litigation begins.

Practical steps right after a crash to preserve access

• Get the responding officer’s name, badge number, agency, and the report/incident number.
• Take photos, collect witness names and contact information, and keep any medical records and receipts.
• Notify your insurer promptly and tell them you’ll obtain the police/DMV report.

When to consult an attorney

• If a denied records request blocks an important claim, or you need subpoena power to obtain evidence, an attorney can help.
• If you believe the report’s contents will be central to a personal injury or property-damage suit, early legal advice helps preserve evidence and meet deadlines.

Disclaimer

This information is educational only and does not constitute legal advice. Laws and agency procedures change. For help with a particular situation, consult a licensed attorney.

Helpful Hints

• Ask the responding officer for the report number before you leave the scene.
• Check the local police department’s website; many departments publish instructions and fees for records requests online.
• Use the DMV’s accident-report page for requests tied to the official MV-104: https://dmv.ny.gov/accident-reports.
• If an agency denies parts of a record, ask for the specific legal basis for the denial and the FOIL appeal instructions.
• Keep copies of every request, email, and correspondence. These help establish a paper trail if you need to escalate.
• If your claim is time-sensitive, begin the records request process right away; some agencies take weeks to respond and litigation deadlines may be short.