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I got a question, what happens if the renter fails to complete the Report of Motor Ve

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DOY

Member
What is the name of your state (only U.S. law)? New York State. I got a question, what happens to me or my motorcycle if the renter fails to complete MV-104? The motorcycle belongs to me, but the renter was operating the motorcycle, when he caused ~$4,000.00 to repair the damage.
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? The name of my state is New York State.


I got a question, what happens to me or my motorcycle if the renter fails to complete MV-104?


The motorcycle belongs to me, but the renter was operating the motorcycle, when he caused $3,500 to repair the


damage.
Could you please add this question to your other thread? Thanks.

Never mind. I see your other thread was locked. Here is a link to it for reference purposes: https://forum.freeadvice.com/auto-accidents-vehicle-claims-1/should-i-ask-renter-police-report-637760.html
 
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HighwayMan

Super Secret Senior Member
It was also getting to be a bit ridiculous.

Failure to report a motor vehicle accident can result in a license suspension.
 

justalayman

Senior Member
It was also getting to be a bit ridiculous.

Failure to report a motor vehicle accident can result in a license suspension.
I suspect the question is based on the fact the information required on the mv-104 is concerning the driver and requires the driver's signature. So that begs the question: who files the form and what happens if the owner cannot obtain the information and actions needed to fill out the form?
 

adjusterjack

Senior Member
What is the name of your state (only U.S. law)? The name of my state is New York State.
I got a question, what happens to me or my motorcycle if the renter fails to complete MV-104?
The motorcycle belongs to me, but the renter was operating the motorcycle, when he caused $3,500 to repair the
damage.
I suggest that you fill it out with as much information as you have, without signing it, and attach a cover letter explaining why you are doing that.

That covers your butt as owner.
 

HighwayMan

Super Secret Senior Member
He should ask his insurance company about that, however as far as I know it is the driver's responsibility.

ETA: from the NY DMV website:

If the property damage of any person is $1,001 or more, all the involved drivers are required by the NYS Vehicle and Traffic Law to file a Report of Motor Vehicle Accident (MV-104). File form MV-104 with the DMV no more than 10 days after the accident. The DMV can suspend your driver license if you fail to report an accident.


A Police Accident Report (MV-104A) is not sufficient for reporting purposes.
 

DOY

Member
I got another question, I got compensated for the Bell helmet, but do I need to keep

I got another question, so should I hold onto the helmet for in case I need to sue? The Bell helmet might be useful in small claims court for getting compensated for repairing the damages the renter caused? I already got compensated for the Bell helmet because the renter rented and used the Bell helmet when he crashed.
 
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HighwayMan

Super Secret Senior Member
Is that a serious question? What's the point of a helmet? Are you saying it is yours? If you were paid for it already then what's the point?
 

DOY

Member
Is that a serious question? What's the point of a helmet? Are you saying it is yours? If you were paid for it already then what's the point?
The point of the helmet was I thought the helmet might be useful if I need to sue for compensation for the repairs. I was fully compensated for the Bell helmet, but the renter did not compensate me fully for the repairs needed to repair the crash. I got another question, can I still sue the renter who crashed my motorcycle if there was no police report?
 
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DOY

Member
I suggest that you fill it out with as much information as you have, without signing it, and attach a cover letter explaining why you are doing that.

That covers your butt as owner.
I asked on XXX, "Do I need to fill out the Report of Motor Vehicle Accident (MV-104) under the following situations? The motorcycle renter slipped, and crashed my motorcycle, while he was the only one riding my motorcycle." But an attorney on XXX said "Technically, the driver is required to complete the MV 104 form and submit it." Then I asked,"I got another question, to confirm, I do not need to complete MV-104 even though the motorcycle needs about $3,500 to repair? If the renter fails to complete Report of Motor Vehicle Accident (MV-104), it is the renter's own loss? The attorney XXX said' "The law says the driver must fill it out and submit it. The bottom of the form requires the signature of the "driver"."
 
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justalayman

Senior Member
I asked on XXX, "Do I need to fill out the Report of Motor Vehicle Accident (MV-104) under the following situations? The motorcycle renter slipped, and crashed my motorcycle, while he was the only one riding my motorcycle." But an attorney on XXX said "Technically, the driver is required to complete the MV 104 form and submit it." Then I asked,"I got another question, to confirm, I do not need to complete MV-104 even though the motorcycle needs about $3,500 to repair? If the renter fails to complete Report of Motor Vehicle Accident (MV-104), it is the renter's own loss? The attorney XXX said' "The law says the driver must fill it out and submit it. The bottom of the form requires the signature of the "driver"."
That's great so don't complain when your registration is suspended for the mv 104 not being filed...

Or did you not read the mv104 form where is states: Your icense and/or registation may be suspended...
 

HighwayMan

Super Secret Senior Member
What's the question now? I don't see one.

The driver must complete and submit the MV-104. The only time a registration would be suspended is if the operator was the owner as well.
 

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